20-355.   Additional divisions, district court judgesor district magistrate judges; determination and certification by supremecourt; powers and duties of supreme court; manner of selection.(a) On or before April 15 of every even-numbered year, the supreme courtshall examine the need for more or less divisions or district magistratejudge positions of the district courtin each judicial district which has not approved the proposition ofnonpartisan selection of judges of the district court, asprovided in K.S.A. 20-2901,and amendments thereto, except that on or before May 15, 1998, thesupreme court shall examine the need for more or less divisions or districtmagistrate judge positions of the district court in each judicial districtwhich has not approved the proposition of nonpartisan selection of judges ofthe district court. On or before May 15 of each year, thesupremecourtshall examine the need for more or less divisions or positions of thedistrict courtin judicial districts which have approved such proposition.Whenever thesupreme court shall determine that in order to effectively expedite thebusiness of the district court in any judicial district in this state,the need exists for an additional judge of the district courtand an additionaldivision or position in such court, the supreme court shall socertify to thesecretary of state, and where the need for such additionaljudge of the district court and division or position is in a judicialdistrict in which suchpropositionof nonpartisan selection of judges of the district courthas been approved,such certification also shall be made to the chairperson of the districtjudicial nominating commission of such judicial district. Any additionaldivision or position so certified shall be designated as the next numbereddivision or position of such court.

      (b)   Upon certification of an additional judge of the districtcourt and anadditional division or position of the district court in any judicialdistrict whichhas not approved the proposition of nonpartisan selection ofjudges of the district court, the first judge of thedistrict court of such new division or position shall be electedat the general election held in November of the year in which thedivision or position is determined to be necessary and such judge shalltakeofficeon the second Monday in January of the following year. No judge of anysuch new division shall be appointed pending the first election to fillsuch office.

      (c)   Upon certification of an additional judge of the districtcourt and anadditional division or position of the district court in any judicialdistrict whichhas approved the proposition of nonpartisan selection of judgesof the district court, the additional division or position shall becreated on July 15 of the yearin which such certification is made, and the additional district judge shallbe selected and take office in the manner prescribedby subsection(b) of K.S.A. 20-2913, and amendments thereto. The additional position shallbe created on July 1 of the year in which the position is approved, and theadditional district magistrate judge shall be selected and take office in themanner prescribed by K.S.A. 20-2914 and amendments thereto.

      (d)   The supreme court shall determine the county or judicial district inwhich the newly created division or position shall be placed.

      (e)   Any additional district judge or district magistrate judgeposition created by this section shallbe considered a position created by the supreme court and not a civilappointment to a state office pursuant to K.S.A. 46-234, and amendmentsthereto.

      History:   L. 1968, ch. 402, § 5;L. 1972, ch. 98, § 1;L. 1974, ch. 137, § 15;L. 1975, ch. 183, § 1;L. 1976, ch. 146, § 26;L. 1995, ch. 91, § 1;L. 1998, ch. 195, § 1; May 28.