Session Law

Identifying Information:L. 2001 ch. 174
Other Identifying Information:2001 House Bill 2297
Tax Type:Other
Brief Description:An Act concerning courts; relating to the court of appeals; amending K.S.A. 20-3002, 20-3005, 20-3006 and 46-234 and repealing the existing sections; also repealing K.S.A. 20-3003.
Keywords:


Body:

CHAPTER 174

HOUSE BILL No. 2297


An Act concerning courts; relating to the court of appeals; amending K.S.A. 20-3002,

20-3005, 20-3006 and 46-234 and repealing the existing sections; also repealing K.S.A. 20-3003.




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

Section 1. K.S.A. 20-3002 is hereby amended to read as follows: 20-

3002. (a) On and after January 1, 2003, through December 31, 2003, the

court of appeals shall consist of 10 11 judges whose positions shall be

numbered one to 10 11. On and after January 1, 2004, through December

31, 2004, the court of appeals shall consist of 12 judges whose positions

shall be numbered one to 12. On and after January 1, 2005, through

December 31, 2005, the court of appeals shall consist of 13 judges whose

positions shall be numbered one to 13. On and after January 1, 2006, the

court of appeals shall consist of 14 judges whose positions shall be num-

bered one to 14. Judges of the court of appeals shall possess the qualifi-

cations 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. 2. K.S.A. 20-3005 is hereby amended to read as follows: 20-

3005. On the respective July 1, 1987, pursuant to subsection (a) of K.S.A.

20-3002, and amendments thereto, the clerk of the supreme court shall

notify the chairperson of the supreme court nominating commission of

the number of vacant positions on the court of appeals to be filled by

appointment. Upon receipt of such notice, the chairperson shall cause

the call a meeting of the commission to meet and submit to the governor

a panel of three nominees for the lowest numbered position on the court

of appeals for which an appointment is to be made. The governor shall

appoint one of such nominees to the position on the court of appeals for

which the nominee was nominated within 60 days from the time the panel

of nominations for such position is submitted to the governor. If the

governor fails to make the appointment within such time, the chief justice

of the supreme court shall make such appointment from among the per-

sons so nominated as provided in this section. When the appointment has

been made and the person has informed the clerk of the supreme court

in writing of the person's acceptance of such appointment, the clerk of

the supreme court shall so notify the chairperson of the supreme court

nominating commission who again shall cause the call a meeting of the

commission to meet and submit to the governor another panel of three

nominees for the lowest numbered position remaining on the court of

appeals for which no appointment has been made. The process of nom-

ination and appointment provided herein in this section shall be repeated

until nominations and appointments have been made for all positions on

the court of appeals for which appointments are to be made. Each ap-

pointment to the court of appeals shall be made from a separate panel of

nominees, and the appointment to each position shall be made and ac-

cepted before any other panel of nominees is submitted to the governor.

The nomination of a person on an earlier panel shall not preclude the

person's nomination on a subsequent panel.

Sec. 3. K.S.A. 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 commence the

duties of their office upon appointment, and each such 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 terms term of office for per-

sons the person serving as judges judge of the court of appeals in positions

eight, nine and 10 position 11 shall expire January 14, 1991 10, 2005. The

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

in 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 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 so

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 declara-

tion 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 designation, 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 shall vote 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. Other-

wise, 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 fol-

lowing 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 shall vote 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 appoint-

ment 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. 4. K.S.A. 46-234 is hereby amended to read as follows: 46-234.

No elected state officer shall within one year after the expiration of such

officer's last term receive any civil appointment to a state office which

was created by law during the last term for which such person had been

elected, and all such appointments shall be void. Upon resignation by an

elected state officer, such person may be appointed to any elective state

office to fill a vacancy. As used in this section, the term ``civil appointment

to a state office'' shall not include an additional district judge position

created by K.S.A. 20-355, and amendments thereto, or an additional

court of appeals judge position created by K.S.A. 20-3002, and amend-

ments thereto.

Sec. 5. K.S.A. 20-3002, 20-3003, 20-3005, 20-3006 and 46-234 are

hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 9, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001