Session Law

Identifying Information:L. 2003 ch. 099
Other Identifying Information:2003 Senate Bill 21
Tax Type:Other
Brief Description:An Act concerning the judicial branch of state government; relating to the nomination and selection of justices and judges; relating to the court of appeals; concerning the judicial branch budget; amending K.S.A. 20-119, 20-120, 20-122, 20-123, 20-124, 20-125, 20- 126, 20-129, 20-133, 20-138, 20-2904, 20-2905, 20-2906, 20-2909, 20-2914, 20-3004, 75-3718 and 75-3721 and K.S.A. 2002 Supp. 20-158, 20-2915, 20-3002 and 20-3006 and repealing the existing sections.
Keywords:


Body:

CHAPTER 99

SENATE BILL No. 21


An Act concerning the judicial branch of state government; relating to the nomination and

selection of justices and judges; relating to the court of appeals; concerning the judicial

branch budget; amending K.S.A. 20-119, 20-120, 20-122, 20-123, 20-124, 20-125, 20-

126, 20-129, 20-133, 20-138, 20-2904, 20-2905, 20-2906, 20-2909, 20-2914, 20-3004,

75-3718 and 75-3721 and K.S.A. 2002 Supp. 20-158, 20-2915, 20-3002 and 20-3006 and


repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 20-119 is hereby amended to read as follows: 20-

119. The member who is to be chairman chairperson of the supreme

court nominating commission shall be selected in the following manner:

The clerk of the supreme court, in March of any year in which the chair-

person is to be elected by members of the bar, shall send by ordinary first-

class mail to all members of the bar eligible to vote a notice that such

election is to be held and advising how nominations for such office may

be made. Any member or group of members of the bar resident of and

licensed to practice law in Kansas, may, on or before April 1, 1959, file

in writing by mail or otherwise, in the office of the clerk of the supreme

court, a nomination in writing accompanied by the written consent of the

nominee, of a qualified individual for such office. After the nominations

have been made the clerk of the supreme court shall, on or before the

first day of May, 1959 1, shall send by ordinary first class United States

mail to each of the members of the bar who are residents of and licensed

to practice law in Kansas, a list of all the names and places of residence

of the qualified nominees together with a ballot, in such form as may be

prescribed by the said such clerk, for voting upon said such nominees.

Each member of the bar receiving such ballot may cast one (1) vote

thereon for one (1) of the nominees named and shall return the ballot by

mail in time to be received by the clerk by on or before May 15, 1959.

All ballots received at the office of the clerk by said such date shall be

counted and the nominee receiving the greatest number of votes cast

shall be the chairman chairperson member of said such commission: Pro-

vided, however, except that if there are more than two (2) nominees and

no one (1) of them receives a majority of the votes cast, the names of the

two (2) receiving the greatest number of votes shall be resubmitted for

vote by ballot in like manner as is herein prescribed for the first ballot,

said. Such second ballot to be mailed on or before June 15, 1959, and

voted and returned so as to be received at the office of the clerk by on

or before July 1, 1959.

Sec. 2. K.S.A. 20-120 is hereby amended to read as follows: 20-120.

The members of the supreme court nominating commission to be chosen

from among the members of the bar of each congressional district shall

be selected in the following manner: The clerk of the supreme court, in

March of any year in which a member of the commission is to be elected

by members of the bar, shall send by ordinary first-class mail to all mem-

bers of the bar eligible to vote for the member to be elected a notice that

such election is to be held and advising how nominations for such office

may be made. Any member or group of members of the bar resident of

the congressional district and licensed to practice law in Kansas may, on

or before April 1, 1959, file in writing by mail or otherwise in the office

of the clerk of the supreme court, a nomination accompanied by the

written consent of the nominee, of a qualified individual who resides in

the same congressional district, as member of the commission from that

district. After the nominations have been made the said clerk shall, on or

before the first day of May 1, 1959, shall send by ordinary first class

United States mail to each of the members of the bar who are residents

of the congressional district and licensed to practice law in Kansas, a list

of all the names and places of residence of the qualified nominees for

that district, together with a ballot in such form as the clerk may prescribe,

for voting upon said such nominees.

Each member of the bar receiving such ballot may cast one (1) vote

thereon for one (1) of the district nominees named and shall return the

ballot by mail in time to be received at the office of the clerk by on or

before May 15, 1959. All ballots received at the office of the clerk by said

such date shall be counted by congressional districts and the nominee in

each district receiving the greatest number of votes cast in the district

shall be a member of the commission from that district: Provided, how-

ever,, except that if in any district there are more than two (2) nominees

and no one (1) of them receives a majority of the votes cast in the district,

the names of the two (2) receiving the greatest number of votes shall be

resubmitted in the district for vote by ballot in like manner as is herein

prescribed for the first ballot, said. Such second ballot to be mailed on or

before June 15, 1959, and returned in time so as to be received at the

office of the clerk by on or before July 1, 1959.

Sec. 3. K.S.A. 20-122 is hereby amended to read as follows: 20-122.

The clerk of the supreme court may use the roster of attorneys in his the

clerk's office licensed to practice law in Kansas, and the edition of the

Martindale-Hubbel legal directory, current at the time of mailing the

ballots, for ascertaining the names and places of residence of those en-

titled to receive ballots and for ascertaining the qualifications of those

nominated for membership on the commission. The clerk shall supply

with each ballot distributed by him a certificate to be signed and returned

by the member of the bar voting such ballot, evidencing the qualifications

of such member of the bar to vote, and certifying that the voted ballot

returned by him was voted ballot was voted by the certifying voter.

To the end that the vote cast may be secret a separate envelope shall

be provided for the ballot, in which the voted ballot only shall be placed,

and the envelope containing the voted ballot shall be returned in an en-

velope, also to be supplied by the clerk, together with the signed certif-

icate. No ballot not accompanied by the signed certificate of the voter

shall be counted. When the voted ballots are received by the clerk they

shall be separated from the certificates by the canvassers, and after the

ballots are counted and the results certified both the ballots and the cer-

tificates shall be preserved by the clerk for a period of six (6) months and

he shall permit no one shall be permitted to inspect them except on order

of the supreme court. At the end of such six (6) months period the clerk

shall, unless otherwise ordered by the supreme court, shall destroy them.

Sec. 4. K.S.A. 20-123 is hereby amended to read as follows: 20-123.

When the chairman chairperson and other members of the commission

chosen by the members of the bar have been elected, and after the names

of the nonlawyer members appointed by the governor have been certified

to the clerk of the supreme court as provided in this act provided, the

said clerk shall make a record thereof in his the clerk's office and shall

notify the members of the commission of their election and appointment.

The commission shall meet from time to time as may be necessary to

discharge the responsibilities of the commission,. Such meetings to shall

be held at such place in the state house in Topeka, Kansas, as the clerk

of the supreme court may arrange, and. Such meeting shall be held upon

the call of the chairman chairperson, or in the event of his the chairper-

son's failure to call a meeting when a meeting be is necessary, upon the

call of any four (4) members of the commission. The commission shall

act only at a meeting, and may act only by the concurrence of a majority

of its members. The commission shall have power to adopt such reason-

able and proper rules and regulations for the conduct of its proceedings

and the discharge of its duties as are consistent with this act and the

constitution of the state of Kansas.

Sec. 5. K.S.A. 20-124 is hereby amended to read as follows: 20-124.

The governor shall appoint the first nonlawyer members of the commis-

sion, one (1) from each congressional district, and certify the names of

such appointees to the clerk of the supreme court on or before May 15,

1959. Thereafter, As terms of office of nonlawyer members from each

congressional district are about to expire, their successors shall be ap-

pointed by the governor and the names of such appointees certified by

the governor to the said clerk of the supreme court before their terms of

office begin. Any vacancy occurring among the nonlawyer members of

the commission shall be filled by appointment by the governor within ten

(10) 10 days after he the governor has notice of such vacancy, for the

unexpired term of the member whose place is being filled, and the name

of such appointee shall be certified to the clerk. All appointments by the

governor shall be without regard to the political affiliations of the ap-

pointees.

Sec. 6. K.S.A. 20-125 is hereby amended to read as follows: 20-125.

The term of office of the chairman chairperson of the commission shall

be for as many years as there are, at the time of his such chairperson's

election, congressional districts in the state. The terms of office of the

first members of the commission selected by the members of the bar

from the congressional districts, and the terms of office of the nonlawyer

members appointed by the governor, shall be as follows: First district

members for one (1) year, second district members for two (2) years,

third district members for three (3) years, fourth district members for

four (4) years, fifth district members for five (5) years, and sixth district

members for six (6) years. The terms of office of the first members of the

commission shall begin on July 1, 1959. Except for those appointed to fill

vacancies all terms of office for members of the commission subsequently,

elected or appointed, shall be for as many years as there are, at the time

of their election or appointment, congressional districts in the state.

Sec. 7. K.S.A. 20-126 is hereby amended to read as follows: 20-126.

The selection of subsequent members of the commission by the members

of the bar shall be in like manner as is prescribed in K.S.A. 20-119 and

20-120, and amendments thereto, for the selection of the first members,

and nominations shall be made and ballots mailed and returned within

the times of the years when such elections are held as correspond to the

times mentioned in K.S.A. 20-119 and 20-120, and amendments thereto,

except that In any uncontested election, the nominee shall be declared

elected without preparation of a ballot. The clerk of the supreme court,

in March of any year in which a member of the commission is to be

elected by members of the bar, shall send by ordinary first class mail to

all members of the bar eligible to vote for the member to be elected a

notice that such election is to be held and advising how nominations for

such office may be made.

Sec. 8. K.S.A. 20-129 is hereby amended to read as follows: 20-129.

In the event of redistricting which changes the number of congressional

districts in the state, the members of the commission as constituted at

the time of redistricting shall continue to be members of the commission

until the first day of July following the expiration of four (4) months after

such redistricting becomes effective, on which. Except for the chairperson

on such date, the terms of all members of the commission except that of

chairman shall expire. During the four (4) months immediately preceding

such termination of office, new commissioners shall be elected and ap-

pointed from the newly constituted congressional districts in the same

manner which is provided in this act for election and appointment of the

first commissioners. The terms of elected and appointed members first

chosen from such newly constituted districts shall be staggered on the

basis of the number of such districts and their successors shall be elected

and appointed in such manner and for such terms as provided in this act

provided.

Sec. 9. K.S.A. 20-133 is hereby amended to read as follows: 20-133.

It is the intent of this act that the members of the commission shall consist

only of those persons whose purpose it will be to recommend for ap-

pointment on the supreme court only lawyers or judges of recognized

integrity, character, ability and judicial temperament, and whose conduct

will conform to the letter and the spirit of the constitutional amendment

implemented by this act. The commission shall take cognizance of the

fact that the best qualified nominees may be those whom it would be

most difficult to persuade to serve. Accordingly the commission shall not

limit its consideration to persons who have been suggested by others or

to persons who have indicated their willingness to serve. The commission

may, if it sees fit to do so, tender nominations to one (1) or more qualified

persons, prior to and subject to the formal action of the commission in

making its nominations, in order to ascertain whether such person will

agree to serve if nominated. Under no circumstances may the commission

describe potential nominees as applicants or otherwise suggest that they

are seeking to be nominated.

Sec. 10. K.S.A. 20-138 is hereby amended to read as follows: 20-138.

The compensation and expenses of the supreme court nominating com-

mission, the expenses of the members of a district judicial nominating

commission and the compensation of the clerk, and his clerk's expenses

for supplies, equipment, and clerical and other assistance necessary to

carry out the provisions of this act, including official hospitality and any

expenses and clerical assistance necessary to perform his the clerk's duties

with respect to the nonpartisan selection of district court judges, shall be

paid from the judicial nominating commissions fund, which fund is hereby

created in the state treasury and made available to the commission and

the clerk of the supreme court for such purposes available funds. The

director of accounts and reports is hereby authorized to draw his warrants

on the treasurer of state against said fund for the use and purposes spec-

ified in this section upon the presentation of vouchers duly itemized and

approved by the clerk of the supreme court. The supreme court nomi-

nating commission fund is hereby abolished, and on the effective date of

this act, the state treasurer shall transfer all moneys in said fund to the

judicial nominating commissions fund created herein.

Sec. 11. K.S.A. 20-2904 is hereby amended to read as follows: 20-

2904. (a) Lawyer members of the district judicial nominating commission

shall be elected by the lawyers who are qualified electors of the judicial

district and who are registered with the clerk of the supreme court pur-

suant to rule 201 208 of such court. Each lawyer member of a district

judicial nominating commission shall be a qualified elector of such judicial

district. The number of lawyer members to be elected to the district

judicial nominating commission of a judicial district shall be as follows:

(1) In a judicial district consisting of a single county, the number of

members elected shall be equal to the number of nonlawyer members

appointed pursuant to subsection (a)(1) of K.S.A. 20-2905, and amend-

ments thereto.

(2) In a judicial district consisting of two counties, four members shall

be elected.

(3) In a judicial district consisting of three or more counties, the num-

ber of members elected shall equal the number of counties in such ju-

dicial district.

(b) Between December 1 and December 15 of the year in which

nonpartisan selection of judges of the district court is approved by the

electors of the judicial district as provided in K.S.A. 20-2901, and amend-

ments thereto, the clerk of the supreme court shall send to each lawyer

by ordinary first class mail a form for nominating one lawyer for election

to the commission. Any such nomination shall be returned to received in

the office of the clerk of the supreme court on or before January 1 of the

following year, together with the written consent of the nominee. After

receipt of all nominations which are timely submitted, the clerk shall

prepare a ballot containing the names of all lawyers so nominated and

shall mail one such ballot and instructions for voting such ballot to each

registered lawyer in the judicial district. Ballots shall be prepared in such

manner that each lawyer receiving the same shall be instructed to vote

for the same number of nominees as not more than the number of po-

sitions to be filled. Each such ballot shall be accompanied by a certificate

to be signed and returned by the lawyer voting such ballot, evidencing

the qualifications of such lawyer to vote and certifying that the ballot was

voted by such person. In any judicial district in which the number of

nominees does not exceed the number of positions to be filled, the clerk

shall declare those nominees to be elected without preparation of a ballot.

In order to insure that the election of lawyer members is by secret

ballot, the clerk shall provide a separate envelope for the ballot, in which

the voted ballot only shall be placed, and the envelope containing the

voted ballot shall be placed in another envelope, also to be supplied by

the clerk, together with the signed certificate, and returned to received

in the office of the clerk of the supreme court prior to on or before Feb-

ruary 15 of such year. The ballots so returned as provided in this section

shall be canvassed within five days thereafter. The canvassers shall consist

of the clerk of the supreme court and two or more persons who are

registered members of the bar residing in Kansas, either practicing law-

yers, justices or judges, designated to act as such by the chief justice. The

canvassers shall open and canvass the ballots and shall tabulate and sign

the results as a record in the office of the clerk. Any ballot which does

not contain separate votes for nominees equal in number to the number

of persons to be elected shall be void and shall not be counted.

(c) After the ballots are counted and tabulated in descending order

from the nominee receiving the highest number of votes the canvassers

shall declare to be elected those nominees who are equal in number to

the number of lawyers to be elected and who have the greatest number

of votes.

In the event of a tie creating more nominees to be elected than there

are positions to be filled, the canvassers shall determine the person or

persons to be elected by lot. In the event that less than the required

number of lawyers is elected, the positions for which lawyers have not

been elected shall be declared vacant and the vacancies filled in the man-

ner prescribed by subsection (e) of K.S.A. 20-2906, and amendments

thereto.

(d) The procedure provided in this section for election of lawyers to

serve as members of the first district judicial nominating commission es-

tablished in a judicial district shall apply to the election of lawyers to

succeed lawyer members of the commission whose terms of office expire,

except that the form for submitting a nomination shall be sent between

December 1 and December 15 of the year preceding the year in which

such terms of office expire, and the dates prescribed for submission of

nominations and the mailing, returning and canvassing of ballots shall

apply in the year in which such terms of office expire.

Sec. 12. K.S.A. 20-2905 is hereby amended to read as follows: 20-

2905. (a) The appointments of nonlawyer members of a district judicial

nominating commission shall be made as follows:

(1) In a judicial district consisting of a single county, each member

of the board of county commissioners of such county shall appoint one

nonlawyer to serve as a member of the nominating commission.

(2) In a judicial district consisting of two (2) counties, the board of

county commissioners of each such county shall appoint two (2) nonlaw-

yers to serve as members of the nominating commission.

(3) In a judicial district consisting of three (3) or more counties, the

board of county commissioners of each such county shall appoint one

nonlawyer to serve as a member of the nominating commission.

Each nonlawyer member of the nominating commission shall be a qual-

ified elector of the county from which he or she such member is ap-

pointed.

(b) All appointments of nonlawyers to serve as members of the first

district judicial nominating commission of a judicial district shall be made

and certified to the clerk of the supreme court prior to on or before

February 15 of the year following the general election at which the non-

partisan selection of judges of the district court is approved. Thereafter,

all appointments of nonlawyers to serve for full terms on the commission

shall be made and certified to the clerk of the supreme court prior to on

or before February 15 of the year in which such terms of office com-

mence.

Sec. 13. K.S.A. 20-2906 is hereby amended to read as follows: 20-

2906. (a) All members of the district judicial nominating commission who

are elected or appointed to full terms of office shall commence their terms

of office on the first Monday in March following their election or ap-

pointment, and shall serve for terms of four years, except that lawyer

members of the first nominating commission established in a judicial dis-

trict shall serve for terms of office as provided in subsection (b), and

nonlawyer members of the first commission shall serve for terms of office

as provided in subsection (c).

No member of a district judicial nominating commission, while such

member is a member, shall hold any office or official position in a political

party or be eligible for nomination to the position of judge of the district

court.

(b) The terms of office for lawyer members of the first nominating

commission established in a judicial district shall be determined by lot at

the first meeting of the commission in accordance with the following:

(1) Where there are three lawyer members of a commission, two of

such members shall serve for terms of one year and one such member

shall serve for a term of three years.

(2) Where there are four lawyer members on a commission, two such

members shall serve for terms of one year and two such members shall

serve for terms of three years.

(3) Where there are five lawyer members on a commission, three

such members shall serve for terms of one year and two such members

shall serve for terms of three years.

(4) Where there are six lawyer members on a commission, three such

members shall serve for terms of one year and three such members shall

serve for terms of three years.

(5) Where there are seven lawyer members on a commission, four

such members shall serve for terms of one year and three such members

shall serve for terms of three years.

(c) The terms of office for nonlawyer members of the first nominating

commission established in a judicial district shall be determined by lot at

the first meeting of the commission in accordance with the following:

(1) Where there are three nonlawyer members of a commission, one

such member shall serve for a term of one year and two such members

shall serve for terms of three years.

(2) Where there are four nonlawyer members of a commission, two

such members shall serve for terms of one year and two such members

shall serve for terms of three years.

(3) Where there are five nonlawyer members of a commission, two

such members shall serve for terms of one year and three such members

shall serve for terms of three years.

(4) Where there are six nonlawyer members of a commission, three

such members shall serve for terms of one year and three such members

shall serve for terms of three years.

(5) Where there are seven nonlawyer members of a commission,

three such members shall serve for terms of one year and four such

members shall serve for terms of three years.

(d) In determining terms of office of members of the first nominating

commission established in a judicial district pursuant to subsections (b)

and (c), the supreme court shall prescribe the method of determining the

terms by lot. Any method or procedure so prescribed shall be officiated

by the chairperson of the commission. Upon the expiration of the terms

of office provided in subsections (b) and (c), successors shall be selected

for terms of four years in the same manner as the members whose terms

of office are expiring were selected.

(e) Whenever a vacancy for any reason other than the expiration of a

term of office shall occur in a lawyer's position on the district judicial

nominating commission, leaving an unexpired term of office of more than

90 days, the chief justice of the supreme court shall appoint a successor

of like qualifications to serve until the first Monday in March that occurs

more than 90 days after the date of the vacancy or until the end of the

unexpired term, whichever occurs first. If such first Monday in March

occurs prior to the end of the unexpired term, a lawyer of like qualifica-

tions shall be elected in the manner prescribed by subsection (d) of K.S.A.

20-2904, and amendments thereto, to serve from such Monday in March

until the end of the unexpired term. If any such vacancy occurs in a

lawyer's position on the nominating commission leaving an unexpired

term of office of 90 days or less, there shall be no appointment or election

of a successor to fill the unexpired term.

(f) Whenever a vacancy for any reason other than the expiration of a

term of office shall occur in a nonlawyer's position on the district judicial

nominating commission, a successor of like qualification shall be ap-

pointed for the unexpired term in the same manner as the member whose

position is vacant was appointed. Such successor shall serve until the end

of the unexpired term.

Sec. 14. K.S.A. 20-2909 is hereby amended to read as follows: 20-

2909. (a) (1) Whenever a vacancy occurs in the office of judge of the

district court in any judicial district, or whenever a vacancy will occur in

such office on a specified future date, the chief justice of the supreme

court promptly shall give notice of such vacancy to the chairperson of the

district judicial nominating commission of such judicial district.

(2) The chairperson shall call a meeting of the commission to be held,

in consultation with members of the commission, within five days after

receipt of such notice, shall set a schedule for accepting nominations and

conducting interviews for the purpose of nominating persons for appoint-

ment to such office. It shall be the duty of the commission to nominate

not less than two nor more than three persons for each office which is

vacant, and shall submit the names of the persons so nominated to the

governor. Any person so nominated shall have the qualifications pre-

scribed by subsection (b) of K.S.A. 20-2903 and amendments thereto,

and in order to obtain the best qualified persons as nominees, the com-

mission shall not limit its consideration of potential nominees to those

persons whose names have been submitted to the commission or who

have expressed a willingness to serve. The commission may authorize one

or more members of the commission to tender a nomination to any qual-

ified person in order to ascertain the person's willingness to serve if nom-

inated, but any such tender of nomination shall be subject to final action

of the commission under the conditions prescribed by subsection (b) of

K.S.A. 20-2907 and amendments thereto. Under no circumstances shall

the commission refer to or describe potential nominees as applicants or

otherwise suggest that such persons are seeking to be nominated.

(3) In order that a vacancy in the office of judge of the district court

does not exist for an inordinate length of time, the commission shall con-

duct the business of selecting nominees for appointment to such office

and certifying the same to the governor as promptly and expeditiously as

possible, having due regard for the importance of selecting the best pos-

sible nominees. In no event shall the commission submit its nominations

to the governor more than 30 45 days after the date the chief justice has

notified the nominating commission that a vacancy occurs is to be filled,

unless the chief justice permits an extension of such time period.

(b) If there are not at least two attorneys deemed qualified by the

district judicial nominating commission who reside in the judicial district

and who are willing to accept the nomination to fill a vacancy in a district

judge position, the nominating commission need not limit its considera-

tion of nominees to attorneys residing in the judicial district; however,.

In cases where there is one such attorney, such attorney shall be one of

the nominees submitted to the governor. If an appointee is not a resident

of the judicial district at the time of appointment to a district judge po-

sition, the appointee shall establish residency in the judicial district before

taking office and thereafter shall maintain such residency while holding

such office.

Sec. 15. K.S.A. 20-2914 is hereby amended to read as follows: 20-

2914. (a) Whenever a vacancy shall occur in the office of district magis-

trate judge in any judicial district which has approved the proposition of

nonpartisan selection of district court judges, or whenever a vacancy will

occur in such office on a specified future date, the chief justice of the

supreme court promptly shall give notice of such vacancy to the chair-

person of the district judicial nominating commission of such judicial dis-

trict. Said The chairperson shall call a meeting of the commission to be

held, in consultation with members of the commission, within five (5) days

after receipt of such notice, shall set a schedule for accepting nominations

and conduction interviews for the purpose of selecting a person to fill

such vacancy. Any person so selected shall have the qualifications pre-

scribed by subsection (c) of K.S.A. 20-334, and in order to obtain the best

qualified person as a district magistrate judge, the commission shall not

limit its consideration of potential appointees to those persons whose

names have been submitted to the commission or who have expressed a

willingness to serve. The commission may authorize one (1) or more

members of the commission to tender an appointment to any qualified

person in order to ascertain his or her such person's willingness to serve

if appointed; but. Any such tender of appointment shall be subject to final

action of the commission under the conditions prescribed by subsection

(b) of K.S.A. 20-2907, and amendments thereto. Under no circumstances

shall the commission refer to or describe potential appointees as appli-

cants or otherwise suggest that such persons are seeking to be appointed.

(b) Any appointment made pursuant to subsection (a) shall be con-

tingent upon the acceptance of such appointment by the person so ap-

pointed and, if such person is not regularly admitted to practice law in

Kansas, the appointment shall be made on a temporary basis until such

person has been certified by the supreme court as qualified to hold such

office, in the manner provided by K.S.A. 20-337, and amendments

thereto.

Sec. 16. K.S.A. 2002 Supp. 20-2915 is hereby amended to read as

follows: 20-2915. (a) Whenever a vacancy in the office of district magis-

trate judge exists at the time the appointment to fill such vacancy is made

as provided in K.S.A. 20-2914 and amendments thereto, the appointment

shall be effective at the time it is made, but where any such appointment

is made to fill a vacancy which will occur at a future date, such appoint-

ment shall not take effect until such date. Whenever a vacancy in the

office of district magistrate judge exists at the time the appointment to fill

such vacancy is made as provided in K.S.A. 20-2914, and amendments

thereto, the appointment shall be effective as of the official appointment

date set by the supreme court.

(b) Any person appointed to the office of district magistrate judge as

provided in K.S.A. 20-2914 and amendments thereto, shall commence

upon the duties of office on the date such appointment takes effect, and

any such person appointed shall have all the rights, privileges, powers and

jurisdiction prescribed by law for the office of district magistrate judge.

Except as otherwise provided in K.S.A. 20-337 and amendments thereto,

any such judge shall be eligible for retention in office in the same manner

and under the same conditions prescribed by law for the retention of

district judges in judicial districts which have approved the proposition of

nonpartisan selection of district court judges.

Sec. 17. K.S.A. 20-3004 is hereby amended to read as follows: 20-

3004. (a) In addition to the powers and duties prescribed by K.S.A. 20-

119 to through 20-131, inclusive and amendments thereto, the supreme

court nominating commission established by section 5 of article 3 of the

constitution of the state of Kansas shall nominate persons to serve as

judges of the court of appeals as provided in this act. To carry out its

duties under this act, the commission shall meet only upon call of the

chairman chairperson, and the commission shall not take any final action

except at such meeting. For the purpose of this act, a majority of the

commission shall constitute a quorum to do business, but no final action

shall be taken except upon a vote of the majority of the members of the

commission. For the purposes of this act, the commission shall not be

subject to the Kansas open meetings act as provided in K.S.A. 75-4317

et seq., and amendments thereto.

(b) Any person nominated by the commission to serve as a judge of

the court of appeals shall have the qualifications prescribed by subsection

(a) of K.S.A. 20-3002 and shall be a person of recognized integrity, char-

acter, ability, experience and judicial temperament, to the end that per-

sons serving as judges of the court of appeals will be the best qualified

therefor. In order to obtain the best qualified persons as nominees, the

commission shall not be limited in its consideration of potential nominees

to those persons whose names have been submitted to the commission

or who have expressed a willingness to serve.

(c) The commission may authorize one or more members of the com-

mission to tender a nomination to any qualified person in order to ascer-

tain his or her such person's willingness to serve if nominated, but any

such tender of nomination shall be subject to final action of the commis-

sion under the conditions prescribed by subsection (a). Under no circum-

stances shall the commission refer to or describe potential nominees as

applicants or otherwise suggest that such persons are seeking to be nom-

inated.

(d) No member of the supreme court nominating commission shall

be eligible for nomination for the office of judge of the court of appeals

while a member of such commission or for six months thereafter.

Sec. 18. K.S.A. 2002 Supp. 20-3002 is hereby amended to read as

follows: 20-3002. (a) On and after January 1, 2003, through December

31, 2003 2004, the court of appeals shall consist of 11 judges whose po-

sitions shall be numbered one to 11. On and after January 1, 2004 2005,

through December 31, 2004 2005, the court of appeals shall consist of

12 judges whose positions shall be numbered one to 12. On and after

January 1, 2005 2006, through December 31, 2005 2006, the court of

appeals shall consist of 13 judges whose positions shall be numbered one

to 13. On and after January 1, 2006 2007, the court of appeals shall consist

of 14 judges whose positions shall be numbered one to 14. Judges of the

court of appeals shall possess the qualifications prescribed by law for

justices of the supreme court.

(b) Judges of the court of appeals shall be selected in the manner

provided by K.S.A. 20-3003 through 20-3010, and amendments thereto.

Each judge of the court of appeals shall receive an annual salary in the

amount prescribed by law. No judge of the court of appeals may receive

additional compensation for official services performed by the judge.

Each such judge shall be reimbursed for expenses incurred in the per-

formance of such judge's official duties in the same manner and to the

same extent justices of the supreme court are reimbursed for such ex-

penses.

(c) The supreme court may assign a judge of the court of appeals to

serve temporarily on the supreme court.

(d) Any additional court of appeals 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.

Sec. 19. K.S.A. 2002 Supp. 20-3006 is hereby amended to read as

follows: 20-3006. (a) Persons who are appointed as judges of the court of

appeals pursuant to K.S.A. 20-3005 and amendments thereto shall com-

mence the duties of office upon appointment, and each judge shall have

all the rights, privileges, powers and duties prescribed by law for the office

of judge of the court of appeals. The initial term of office for the person

serving as judge of the court of appeals in position 11 shall expire January

10, 2005. The initial term of office for the person serving as judge of the

court of appeals in position 11 and position 12 shall expire January 8,

2007. The initial term of office for the person serving as judge of the

court of appeals in position 13 shall expire January 8, 2007. The initial

term of office for the person serving as judge of the court of appeals in

position 13 and position 14 shall expire January 12, 2009.

(b) (1) Not less than 60 days prior to the holding of the general elec-

tion next preceding the expiration of the term of any judge of the court

of appeals, the judge may file in the office of the secretary of state a

declaration of candidacy for retention in office. If a declaration is not filed

as provided in this section, the position held by the judge shall be vacant

upon the expiration of the judge's term of office. If such declaration is

filed, the judge's name shall be submitted at the next general election to

the electors of the state on a separate judicial ballot, without party des-

ignation, reading substantially as follows:

``Shall ________ (Here insert name of judge.), Judge of the Court of

Appeals, be retained in office?''

(2) If a majority of those voting on the question votes against retaining

the judge in office, the position which the judge holds shall be vacant

upon the expiration of the judge's term of office. Otherwise, unless the

judge is removed for cause, the judge shall remain in office for a term of

four years from the second Monday in January following the election. At

the expiration of each term, unless by law the judge is compelled to retire,

the judge shall be eligible for retention in office by election in the manner

prescribed in this section.

(3) If a majority of those voting on the question votes against the

judge's retention, the secretary of state, following the final canvass of votes

on the question, shall certify the results to the clerk of the supreme court.

Any such judge who has not been retained in office pursuant to this

section shall not be eligible for nomination or appointment to the office

of judge of the court of appeals prior to the expiration of four years after

the expiration of the judge's term of office.

(4) Election laws applicable to the general election of other state of-

ficers shall apply to elections upon the question of retention of judges of

the court of appeals pursuant to this section, to the extent that they are

not in conflict with and are consistent with the provisions of this act.

Sec. 20. K.S.A. 2002 Supp. 20-158 is hereby amended to read as

follows: 20-158. The chief justice of the supreme court shall be respon-

sible for the preparation of the budget for the judicial branch of state

government, with such assistance as the chief justice may require from

the judicial administrator, the chief judge of the court of appeals and the

chief judge of each judicial district. Each district court and the court of

appeals shall submit their budget requests to the chief justice in such

form and at such time as the chief justice may require. The chief justice

shall submit to the director of the budget legislature the annual budget

request for the judicial branch of state government for inclusion in the

annual budget document for appropriations for the judiciary. Such budget

shall be prepared and submitted in the manner provided by K.S.A. 75-

3716 and 75-3717 and amendments thereto. Such budget shall include

the request for expenditures for retired justices and judges performing

judicial services or duties under K.S.A. 20-2616 and amendments thereto

as a separate item therein. The director of the budget shall review and

may make such recommendations to the legislature for proposed changes

in such budget as the director deems necessary and appropriate.

Sec. 21. K.S.A. 75-3718 is hereby amended to read as follows: 75-

3718. (a) The director of the budget shall have in continuous process and

revision a tentative budget for the coming years, in the light of direct

studies of the operations, plans and needs of the state agencies and of the

existing and prospective sources of revenue. Except as otherwise provided

by this section, after summarizing estimates of funds which may be avail-

able and the estimated requirements for the several state agencies, the

director shall cause them to be reviewed in relation to the general finan-

cial condition and needs of the state and shall cause to be made such

further inquiries and investigations, and such revision of the tentative

budget, as the director may deem necessary.

(b) Not later than November tenth 10 of each year, the director of

the budget shall notify each state agency in writing of any revision of its

the agency's requests and the agency affected may request a hearing

thereon on such revision which request may be filed within ten (10) 10

days after receipt of notice but, in any case, not later than November

twentieth 20 of such year. If requested, the secretary of administration

shall hold hearings on the tentative budget at which the administrative

head of each state agency or the representative of such administrative

head shall be entitled to be heard. The hearings provided for herein in

this section shall be concluded not later than December 15 of such year.

(c) The director of the budget shall not revise the budget estimate for

the judicial branch of state government that is submitted pursuant to

K.S.A. 20-158, and amendments thereto.

Sec. 22. K.S.A. 75-3721 is hereby amended to read as follows: 75-

3721. (a) On or before the eighth calendar day of each regular legislative

session, the governor shall submit the budget report to the legislature,

except that in the case of the regular legislative session immediately fol-

lowing the election of a governor who was elected to the office of governor

for the first time, that governor shall submit the budget report to the

legislature on or before the 21st calendar day of that regular legislative

session.

(b) The budget report of the governor shall be set up in three parts,

the nature and contents of which shall include the following:

(1) Part one shall consist of a budget message by such governor, in-

cluding the governor's recommendations with reference to the fiscal pol-

icy of the state government for the current fiscal year and the ensuing

fiscal year, describing the important features of the budget plan for each

of the fiscal years included, embracing a general budget summary setting

forth the aggregate figures of the budget so as to show the balanced

relation between the total proposed expenditures and the total anticipated

income for the current fiscal year and the ensuing fiscal year, with the

basis and factors upon which the estimates were made, and the means of

financing the budget plan for the each of the fiscal years included, com-

pared with the corresponding figures for at least the last completed fiscal

year, and the director of the budget shall prepare the figures for the

governor for such comparisons.

(A) The budget plan shall not include (i) any proposed expenditures

of anticipated income attributable to proposed legislation that would pro-

vide additional revenues from either current or new sources of revenue,

or (ii) any proposed expenditures of moneys in the ending balance in the

state general fund required by K.S.A. 75-6702, and amendments thereto.

(B) The general budget summary may be supported by explanatory

schedules or statements, classifying the expenditures contained therein

by state agencies, objects, and funds, and the income by state agencies,

funds, sources and types. The general budget summary shall include all

special or fee funds as well as the state general fund, and shall include

the estimated amounts of federal aids, for whatever purpose provided,

together with estimated expenditures therefrom.

(2) Part two shall embrace the detailed budget estimates for each of

the fiscal years included, both of expenditures and revenues, showing the

requests of the state agencies, if any, and the incoming governor's rec-

ommendations thereon. It shall also include statements of the bonded

indebtedness of the state, showing the actual amount of the debt service

for at least the last completed fiscal year, and the estimated amount for

the current fiscal year and for each of the ensuing fiscal years included,

the debt authorized and unissued, and the condition of the sinking funds.

(3) Part three shall consist of a draft of a legislative measure or meas-

ures reflecting the incoming governor's budget for all of the fiscal years

included in the budget report.

(c) The division of the budget shall compile a children's budget doc-

ument consisting of the information contained in agency budget estimates

regarding programs that provide services for children and their families.

Such document shall be provided to the joint committee on children and

families; the Kansas commission on children, youth and families, estab-

lished by the governor's executive order number 91-145;, and other per-

sons or entities on request.

(d) The division of the budget, upon request, shall furnish the gov-

ernor or the legislature with any further information required concerning

the budget.

(e) Nothing in this section shall be construed to restrict or limit the

privilege of the governor to present supplemental budget messages or

amendments to previous budget messages, which may include proposals

for expenditure of new or increased sources of revenue derived from

proposed legislation.

(f) The budget estimate for the judicial branch of state government as

submitted to the director of the budget pursuant to K.S.A. 20-158, and

amendments thereto, shall be included in the governor's budget report.

Sec. 23. K.S.A. 20-119, 20-120, 20-122, 20-123, 20-124, 20-125, 20-

126, 20-129, 20-133, 20-138, 20-2904, 20-2905, 20-2906, 20-2909, 20-

2914, 20-3004, 75-3718 and 75-3721 and K.S.A. 2002 Supp. 20-158, 20-

2915, 20-3002 and 20-3006 are hereby repealed.

Sec. 24. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003