19-825. Office of sheriff vacated when prisoner taken and lynched; reinstatement.
19-825
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 deputy
having such person in custody is lynched, such lynching shall be evidence
of failure on the part of such sheriff to do such sheriff's duty, such
sheriff's office shall immediately be vacated, and the county clerk shall
immediately succeed to and perform the duties of sheriff until the
successor of such sheriff shall have been duly appointed, pursuant to
existing law providing for the filling of vacancies in such office. Such
sheriff shall not thereafter be eligible to either election or
reappointment to the office of sheriff, except that such former sheriff
may, within 10 days after such lynching occurs, file with the governor a
petition for reinstatement to the office of sheriff. Such sheriff shall
give 10 days' notice of the filing of such petition to the prosecuting
attorney of the county in which such lynching occurred and to the attorney
general. If the governor, upon a hearing conducted in accordance with the
provisions of the Kansas administrative procedure act, finds that such
sheriff used reasonable effort to protect the life of such prisoner and
performed the duties required of such sheriff by existing laws respecting
the protection of prisoners, then the governor shall reinstate such sheriff
in office and shall issue to such sheriff a certificate of reinstatement.
Such certificate shall be effective on the day of such order of
reinstatement, 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.