20-310a.Judges pro tem; when authorized; power and
authority; compensation;
reports.
(a) Upon the application of the chief judge of a
judicial
district to the departmental justice of that district, for good cause
shown, or in the absence, sickness or disability of a district judge or
district
magistrate judge in any judicial
district, a judge pro tem may be appointed whenever the departmental
justice for such judicial district has not assigned a district judge from
another judicial district, as provided in
K.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be a
regularly admitted member of the bar of this state. The appointment of
any such judge pro tem shall be made by the chief judge
or, in
the absence of the chief judge, by the departmental
justice for
the judicial district.
(c) Any judge pro tem appointed pursuant to this section shall have
the full power and authority of a district judge with respect to any
actions or proceedings before such judge pro tem, except that any judge
pro tem appointed pursuant to subsection (d) or (e) shall have only such power
and authority as provided therein. A judge pro tem shall receive such
compensation as is prescribed by the district court, subject to the
budget limitations of such district court.
(d) Subject to the budget limitations of the district court, the
chief judge of any judicial district may appoint one or
more
judges pro tem for the limited purpose of hearing the original trials of
actions filed pursuant to the small claims procedures act or other action
within the jurisdiction of a district magistrate judge as provided in
K.S.A. 20-302b, and amendments thereto. Any such
judge pro tem shall have only such judicial power and authority as is
necessary to hear such actions. Any party aggrieved by any order of a
judge pro tem under this subsection
may appeal such order and such appeal shall be heard by a district judge de
novo. If the appeal is a small claims action, the appeal shall be under
K.S.A. 61-2709, and amendments thereto. If the appeal is an action within
the jurisdiction of a district magistrate judge, the appeal shall be under
K.S.A. 20-302b, and amendments thereto.
(e) Subject to the budget limitations of the district court, the
chief
judge of any judicial district in which the board of county commissioners
is authorized to use the code for the enforcement of county codes and
resolutions as provided in
subsection (b) of K.S.A. 19-101d, and amendments thereto, may appoint
one or more judges
pro tem for the limited purpose of hearing such cases.
Any such judge pro tem shall have only such power and authority as is
necessary to hear such actions, and shall have the power to compel appearances
before the court, to hold persons in contempt for failure to appear, and to
issue bench warrants for appearances.
Such judge pro tem shall receive the salary and other
compensation set by resolution of the board of county commissioners which
shall be paid from the revenues of the county general fund or other fund
established for the purpose of financing code enforcement.
(f) The chief judge of each judicial district shall
report
to the judicial administrator of the courts: (1) The dates on which any
judge pro tem served in such district, (2) the compensation paid to any
judge pro tem, and (3) such other information as the judicial
administrator may request with regard to the appointment of judges pro
tem. The reports shall be submitted annually on or before January
15 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.
20-310a.Judges pro tem; when authorized; power and
authority; compensation;
reports.
(a) Upon the application of the chief judge of a
judicial
district to the departmental justice of that district, for good cause
shown, or in the absence, sickness or disability of a district judge or
district
magistrate judge in any judicial
district, a judge pro tem may be appointed whenever the departmental
justice for such judicial district has not assigned a district judge from
another judicial district, as provided in
K.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be a
regularly admitted member of the bar of this state. The appointment of
any such judge pro tem shall be made by the chief judge
or, in
the absence of the chief judge, by the departmental
justice for
the judicial district.
(c) Any judge pro tem appointed pursuant to this section shall have
the full power and authority of a district judge with respect to any
actions or proceedings before such judge pro tem, except that any judge
pro tem appointed pursuant to subsection (d) or (e) shall have only such power
and authority as provided therein. A judge pro tem shall receive such
compensation as is prescribed by the district court, subject to the
budget limitations of such district court.
(d) Subject to the budget limitations of the district court, the
chief judge of any judicial district may appoint one or
more
judges pro tem for the limited purpose of hearing the original trials of
actions filed pursuant to the small claims procedures act or other action
within the jurisdiction of a district magistrate judge as provided in
K.S.A. 20-302b, and amendments thereto. Any such
judge pro tem shall have only such judicial power and authority as is
necessary to hear such actions. Any party aggrieved by any order of a
judge pro tem under this subsection
may appeal such order and such appeal shall be heard by a district judge de
novo. If the appeal is a small claims action, the appeal shall be under
K.S.A. 61-2709, and amendments thereto. If the appeal is an action within
the jurisdiction of a district magistrate judge, the appeal shall be under
K.S.A. 20-302b, and amendments thereto.
(e) Subject to the budget limitations of the district court, the
chief
judge of any judicial district in which the board of county commissioners
is authorized to use the code for the enforcement of county codes and
resolutions as provided in
subsection (b) of K.S.A. 19-101d, and amendments thereto, may appoint
one or more judges
pro tem for the limited purpose of hearing such cases.
Any such judge pro tem shall have only such power and authority as is
necessary to hear such actions, and shall have the power to compel appearances
before the court, to hold persons in contempt for failure to appear, and to
issue bench warrants for appearances.
Such judge pro tem shall receive the salary and other
compensation set by resolution of the board of county commissioners which
shall be paid from the revenues of the county general fund or other fund
established for the purpose of financing code enforcement.
(f) The chief judge of each judicial district shall
report
to the judicial administrator of the courts: (1) The dates on which any
judge pro tem served in such district, (2) the compensation paid to any
judge pro tem, and (3) such other information as the judicial
administrator may request with regard to the appointment of judges pro
tem. The reports shall be submitted annually on or before January
15 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.
20-310a.Judges pro tem; when authorized; power and
authority; compensation;
reports.
(a) Upon the application of the chief judge of a
judicial
district to the departmental justice of that district, for good cause
shown, or in the absence, sickness or disability of a district judge or
district
magistrate judge in any judicial
district, a judge pro tem may be appointed whenever the departmental
justice for such judicial district has not assigned a district judge from
another judicial district, as provided in
K.S.A. 20-319, and amendments thereto.
(b) Any judge pro tem appointed pursuant to this section shall be a
regularly admitted member of the bar of this state. The appointment of
any such judge pro tem shall be made by the chief judge
or, in
the absence of the chief judge, by the departmental
justice for
the judicial district.
(c) Any judge pro tem appointed pursuant to this section shall have
the full power and authority of a district judge with respect to any
actions or proceedings before such judge pro tem, except that any judge
pro tem appointed pursuant to subsection (d) or (e) shall have only such power
and authority as provided therein. A judge pro tem shall receive such
compensation as is prescribed by the district court, subject to the
budget limitations of such district court.
(d) Subject to the budget limitations of the district court, the
chief judge of any judicial district may appoint one or
more
judges pro tem for the limited purpose of hearing the original trials of
actions filed pursuant to the small claims procedures act or other action
within the jurisdiction of a district magistrate judge as provided in
K.S.A. 20-302b, and amendments thereto. Any such
judge pro tem shall have only such judicial power and authority as is
necessary to hear such actions. Any party aggrieved by any order of a
judge pro tem under this subsection
may appeal such order and such appeal shall be heard by a district judge de
novo. If the appeal is a small claims action, the appeal shall be under
K.S.A. 61-2709, and amendments thereto. If the appeal is an action within
the jurisdiction of a district magistrate judge, the appeal shall be under
K.S.A. 20-302b, and amendments thereto.
(e) Subject to the budget limitations of the district court, the
chief
judge of any judicial district in which the board of county commissioners
is authorized to use the code for the enforcement of county codes and
resolutions as provided in
subsection (b) of K.S.A. 19-101d, and amendments thereto, may appoint
one or more judges
pro tem for the limited purpose of hearing such cases.
Any such judge pro tem shall have only such power and authority as is
necessary to hear such actions, and shall have the power to compel appearances
before the court, to hold persons in contempt for failure to appear, and to
issue bench warrants for appearances.
Such judge pro tem shall receive the salary and other
compensation set by resolution of the board of county commissioners which
shall be paid from the revenues of the county general fund or other fund
established for the purpose of financing code enforcement.
(f) The chief judge of each judicial district shall
report
to the judicial administrator of the courts: (1) The dates on which any
judge pro tem served in such district, (2) the compensation paid to any
judge pro tem, and (3) such other information as the judicial
administrator may request with regard to the appointment of judges pro
tem. The reports shall be submitted annually on or before January
15 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.