Session of 1998
                   
SENATE BILL No. 577
         
By Committee on Judiciary
         
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            9             AN ACT concerning district courts; relating to additional district magis-
10             trate positions; amending K.S.A. 20-355 and repealing the existing
11             section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 20-355 is hereby amended to read as follows: 20-
15       355. (a) On or before April 15 of every even-numbered year, the supreme
16       court shall examine the need for more or less divisions or district mag-
17       istrate judge positions of the district court in each judicial district which
18       has not approved the proposition of nonpartisan selection of district
19       judges of the district court, as provided in K.S.A. 20-2901, and amend-
20       ments thereto, and. On or before May 15 of each year, the supreme court
21       shall examine the need for more or less divisions or positions of the district
22       court in judicial districts which have approved such proposition. When-
23       ever the supreme court shall determine that in order to effectively ex-
24       pedite the business of the district court in any judicial district in this state,
25       the need exists for an additional district judge of the district court and an
26       additional division of or position in such court, the supreme court shall
27       so certify to the secretary of state, and where the need for such additional
28       district judge of the district court and division or position is in a judicial
29       district in which such proposition of nonpartisan selection of district court
30       judges of the district court has been approved, such certification also shall
31       be made to the chairperson of the district judicial nominating commission
32       of such judicial district. Any additional division or position so certified
33       shall be designated as the next numbered division or position of such
34       court.
35           (b) Upon certification of an additional district judge of the district
36       court and an additional division or position of the district court in any
37       judicial district which has not approved the proposition of nonpartisan
38       selection of district judges of the district court, the first district judge of
39       the district court of such new division or position shall be elected at the
40       general election held in November of the year in which the division or
41       position is determined to be necessary and such judge shall take office
42       on the second Monday in January of the following year. No judge of any
43       such new division shall be appointed pending the first election to fill such

SB 577

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  1       office, except that the judge for any division or position created in 1998
  2       shall be selected in accordance with the provisions for filling a vacancy
  3       as set forth in K.S.A. 25-312a and amendments thereto.
  4           (c) Upon certification of an additional district judge of the district
  5       court and an additional division or position of the district court in any
  6       judicial district which has approved the proposition of nonpartisan selec-
  7       tion of district judges of the district court, the additional division or po-
  8       sition shall be created on July 15 of the year in which such certification
  9       is made, and the additional district judge of the district court shall be
10       selected and take office in the manner prescribed by subsection (b) of
11       K.S.A. 20-2913, and amendments thereto.
12           (d) The supreme court shall determine the county or judicial district
13       in which the newly created division or position shall be placed.
14           (e) Any additional district judge or district magistrate judge position
15       created by this section shall be considered a position created by the su-
16       preme court and not a civil appointment to a state office pursuant to
17       K.S.A. 46-234, and amendments thereto.
18           Sec. 2. K.S.A. 20-355 is hereby repealed.
19           Sec. 3. This act shall take effect and be in force from and after its
20       publication in the statute book.
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