20-310a. Judges pro tem; when authorized; power and authority; compensation; reports.
20-310a
20-310a. Judges pro tem; when authorized; power andauthority; compensation;reports.(a) Upon the application of the chief judge of ajudicialdistrict to the departmental justice of that district, for good causeshown, or in the absence, sickness or disability of a district judge ordistrictmagistrate judge in any judicialdistrict, a judge pro tem may be appointed whenever the departmentaljustice for such judicial district has not assigned a district judge fromanother judicial district, as provided inK.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be aregularly admitted member of the bar of this state. The appointment ofany such judge pro tem shall be made by the chief judgeor, inthe absence of the chief judge, by the departmentaljustice forthe judicial district.
(c) Any judge pro tem appointed pursuant to this section shall havethe full power and authority of a district judge with respect to anyactions or proceedings before such judge pro tem, except that any judgepro tem appointed pursuant to subsection (d) or (e) shall have only such powerand authority as provided therein. A judge pro tem shall receive suchcompensation as is prescribed by the district court, subject to thebudget limitations of such district court.
(d) Subject to the budget limitations of the district court, thechief judge of any judicial district may appoint one ormorejudges pro tem for the limited purpose of hearing the original trials ofactions filed pursuant to the small claims procedures act or other actionwithin the jurisdiction of a district magistrate judge as provided inK.S.A. 20-302b, and amendments thereto. Any suchjudge pro tem shall have only such judicial power and authority as isnecessary to hear such actions. Any party aggrieved by any order of ajudge pro tem under this subsectionmay appeal such order and such appeal shall be heard by a district judge denovo. If the appeal is a small claims action, the appeal shall be underK.S.A. 61-2709, and amendments thereto. If the appeal is an action withinthe jurisdiction of a district magistrate judge, the appeal shall be underK.S.A. 20-302b, and amendments thereto.
(e) Subject to the budget limitations of the district court, thechiefjudge of any judicial district in which the board of county commissionersis authorized to use the code for the enforcement of county codes andresolutions as provided insubsection (b) of K.S.A. 19-101d, and amendments thereto, may appointone or more judgespro tem for the limited purpose of hearing such cases.Any such judge pro tem shall have only such power and authority as isnecessary to hear such actions, and shall have the power to compel appearancesbefore the court, to hold persons in contempt for failure to appear, and toissue bench warrants for appearances.Such judge pro tem shall receive the salary and othercompensation set by resolution of the board of county commissioners whichshall be paid from the revenues of the county general fund or other fundestablished for the purpose of financing code enforcement.
(f) The chief judge of each judicial district shallreportto the judicial administrator of the courts: (1) The dates on which anyjudge pro tem served in such district, (2) the compensation paid to anyjudge pro tem, and (3) such other information as the judicialadministrator may request with regard to the appointment of judges protem. The reports shall be submitted annually on or before January15 on forms provided by the judicial administrator.
History: L. 1976, ch. 146, § 36; L. 1977, ch. 107, § 1; L. 1981,ch. 131, § 1;L. 1986, ch. 115, § 33;L. 1988, ch. 102, § 4;L. 1989, ch. 83, § 1;L. 1990, ch. 93, § 1;L. 1992, ch. 83, § 2;L. 1999, ch. 57, § 14; July 1.