20-355. Additional divisions, district court judges or district magistrate judges; determination and certification by supreme court; powers and duties of supreme court; manner of selection.
20-355
20-355. Additional divisions, district court judges
or district magistrate judges; determination and certification by supreme
court; powers and duties of supreme court; manner of selection.
(a) On or before April 15 of every even-numbered year, the supreme court
shall examine the need for more or less divisions or district magistrate
judge positions of the district court
in each judicial district which has not approved the proposition of
nonpartisan selection of judges of the district court, as
provided in K.S.A. 20-2901,
and amendments thereto, except that on or before May 15, 1998, the
supreme court shall examine the need for more or less divisions or district
magistrate judge positions of the district court in each judicial district
which has not approved the proposition of nonpartisan selection of judges of
the district court. On or before May 15 of each year, the
supreme
court
shall examine the need for more or less divisions or positions of the
district court
in judicial districts which have approved such proposition.
Whenever the
supreme court shall determine that in order to effectively expedite the
business of the district court in any judicial district in this state,
the need exists for an additional judge of the district court
and an additional
division or position in such court, the supreme court shall so
certify to the
secretary of state, and where the need for such additional
judge of the district court and division or position is in a judicial
district in which such
proposition
of nonpartisan selection of judges of the district court
has been approved,
such certification also shall be made to the chairperson of the district
judicial nominating commission of such judicial district. Any additional
division or position so certified shall be designated as the next numbered
division or position of such court.
(b) Upon certification of an additional judge of the district
court and an
additional division or position of the district court in any judicial
district which
has not approved the proposition of nonpartisan selection of
judges of the district court, the first judge of the
district court of such new division or position shall be elected
at the general election held in November of the year in which the
division or position is determined to be necessary and such judge shall
take
office
on the second Monday in January of the following year. No judge of any
such new division shall be appointed pending the first election to fill
such office.
(c) Upon certification of an additional judge of the district
court and an
additional division or position of the district court in any judicial
district which
has approved the proposition of nonpartisan selection of judges
of the district court, the additional division or position shall be
created on July 15 of the year
in which such certification is made, and the additional district judge shall
be selected and take office in the manner prescribed
by subsection
(b) of K.S.A. 20-2913, and amendments thereto. The additional position shall
be created on July 1 of the year in which the position is approved, and the
additional district magistrate judge shall be selected and take office in the
manner prescribed by K.S.A. 20-2914 and amendments thereto.
(d) The supreme court shall determine the county or judicial district in
which the newly created division or position shall be placed.
(e) Any additional district judge or district magistrate judge
position created by this section shall
be considered a position created by the supreme court and not a civil
appointment to a state office pursuant to K.S.A. 46-234, and amendments
thereto.
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.