19-825.   Office of sheriff vacated when prisoner taken and lynched;reinstatement.If any person taken from the hands of a sheriff or such sheriff's deputyhaving such person in custody is lynched, such lynching shall be evidenceof failure on the part of such sheriff to do such sheriff's duty, suchsheriff's office shall immediately be vacated, and the county clerk shallimmediately succeed to and perform the duties of sheriff until thesuccessor of such sheriff shall have been duly appointed, pursuant toexisting law providing for the filling of vacancies in such office. Suchsheriff shall not thereafter be eligible to either election orreappointment to the office of sheriff, except that such former sheriffmay, within 10 days after such lynching occurs, file with the governor apetition for reinstatement to the office of sheriff. Such sheriff shallgive 10 days' notice of the filing of such petition to the prosecutingattorney of the county in which such lynching occurred and to the attorneygeneral. If the governor, upon a hearing conducted in accordance with theprovisions of the Kansas administrative procedure act, finds that suchsheriff used reasonable effort to protect the life of such prisoner andperformed the duties required of such sheriff by existing laws respectingthe protection of prisoners, then the governor shall reinstate such sheriffin office and shall issue to such sheriff a certificate of reinstatement.Such certificate shall be effective on the day of such order ofreinstatement, and the decision of the governor shall be final.

      History:   L. 1903, ch. 221, § 5; R.S. 1923, 21-1007; L. 1965,ch. 164, § 15; L. 1981, ch. 115, § 1; L. 1988, ch. 356, § 66; July 1, 1989.