Session of 1999
         
SENATE BILL No. 94
         
By Committee on Judiciary
          
1-21
          
  9             AN  ACT concerning courts; relating to jurisdiction of district magistrate
10             judges; felony arraignments; amending K.S.A. 20-310b, 20-2915, 22-
11             2902 and 22-3206 and K.S.A. 1998 Supp. 20-302b and repealing the
12             existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 20-302b is hereby amended to read as
16       follows: 20-302b. (a) A district magistrate judge shall have the jurisdiction,
17       and power and duty, in any case in which a violation of the laws of the
18       state is charged, to conduct the trial of traffic infractions, cigarette or
19       tobacco infractions or misdemeanor charges and to conduct the prelimi-
20       nary examination of felony charges and to hear felony arraignments sub-
21       ject to assignment pursuant to K.S.A. 20-329 and amendments thereto. In
22       civil cases, a district magistrate judge shall have concurrent jurisdiction,
23       powers and duties with a district judge, except that, unless otherwise
24       specifically provided in subsection (b), a district magistrate judge shall
25       not have jurisdiction or cognizance over the following actions:
26             (1) Any action, other than an action seeking judgment for an unse-
27       cured debt not sounding in tort and arising out of a contract for the
28       provision of goods, services or money, in which the amount in contro-
29       versy, exclusive of interests and costs, exceeds $10,000, except that in
30       actions of replevin, the affidavit in replevin or the verified petition fixing
31       the value of the property shall govern the jurisdiction; nothing in this
32       paragraph shall be construed as limiting the power of a district magistrate
33       judge to hear any action pursuant to the Kansas probate code or to issue
34       support orders as provided by paragraph (6) of this subsection;
35             (2) actions against any officers of the state, or any subdivisions
36       thereof, for misconduct in office;
37             (3) actions for specific performance of contracts for real estate;
38             (4) actions in which title to real estate is sought to be recovered or
39       in which an interest in real estate, either legal or equitable, is sought to
40       be established, except that nothing in this paragraph shall be construed
41       as limiting the right to bring an action for forcible detainer as provided
42       in the acts contained in article 23 of chapter 61 of the Kansas Statutes
43       Annotated, and any acts amendatory thereof or supplemental thereto; and

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  1       nothing in this paragraph shall be construed as limiting the power of a
  2       district magistrate judge to hear any action pursuant to the Kansas probate
  3       code;
  4             (5) actions to foreclose real estate mortgages or to establish and fore-
  5       close liens on real estate as provided in the acts contained in article 11 of
  6       chapter 60 of the Kansas Statutes Annotated, and any acts amendatory
  7       thereof or supplemental thereto;
  8             (6) actions for divorce, separate maintenance or custody of minor
  9       children, except that nothing in this paragraph shall be construed as lim-
10       iting the power of a district magistrate judge to: (A) Hear any action
11       pursuant to the Kansas code for care of children or the Kansas juvenile
12       justice code; (B) establish, modify or enforce orders of support, including,
13       but not limited to, orders of support pursuant to the Kansas parentage
14       act, K.S.A. 23-451 et seq., 39-718a, 39-718b, 39-755 or 60-1610 or K.S.A.
15       23-4,105 through 23-4,118, 23-4,125 through 23-4,137, 38-1542, 38-1543
16       or 38-1563, and amendments thereto; or (C) enforce orders granting a
17       parent visitation rights to the parent's child;
18             (7) habeas corpus;
19             (8) receiverships;
20             (9) change of name;
21             (10) declaratory judgments;
22             (11) mandamus and quo warranto;
23             (12) injunctions;
24             (13) class actions;
25             (14) rights of majority;
26             (15) actions pursuant to the protection from abuse act; and
27             (16) actions pursuant to K.S.A. 59-29a01 et seq. and amendments
28       thereto.
29             (b) Notwithstanding the provisions of subsection (a), in the absence,
30       disability or disqualification of a district judge, a district magistrate judge
31       may:
32             (1) Grant a restraining order, as provided in K.S.A. 60-902 and
33       amendments thereto;
34             (2) appoint a receiver, as provided in K.S.A. 60-1301 and amend-
35       ments thereto;
36             (3) make any order authorized by K.S.A. 60-1607 and amendments
37       thereto; and
38             (4) grant any order authorized by the protection from abuse act.
39             (c) In accordance with the limitations and procedures prescribed by
40       law, and subject to any rules of the supreme court relating thereto, any
41       appeal permitted to be taken from an order or final decision of a district
42       magistrate judge shall be tried and determined de novo by a district judge,
43       except that in civil cases where a record was made of the action or pro-

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  1       ceeding before the district magistrate judge, the appeal shall be tried and
  2       determined on the record by a district judge.
  3             (d) Upon motion of a party, the administrative judge may reassign an
  4       action from a district magistrate judge to a district judge.
  5             Sec.  2. K.S.A. 20-310b is hereby amended to read as follows: 20-
  6       310b. (a) Upon stipulation of the parties to an action, the court may order
  7       the action to be heard and determined by a temporary judge who is a
  8       retired justice of the supreme court, retired judge of the court of appeals
  9       or retired judge of the district court. Such temporary judge shall be sworn
10       and empowered to act as judge in the action until its final determination.
11             (b) Any action before a temporary judge pursuant to this section shall
12       be conducted in the same manner as any other action before a judge of
13       the district court and any order entered by such temporary judge may be
14       appealed and enforced in the same manner as a similar order of a judge
15       of the district court.
16             (c) If a person acting as temporary judge pursuant to this section is
17       a retired district magistrate judge, the powers and duties jurisdiction of
18       such temporary judge shall be limited to the powers and duties jurisdic-
19       tion of a district magistrate judge and appeals of orders of such temporary
20       judge shall be governed by the laws governing appeals from orders of
21       district magistrate judges.
22             (d) The court shall fix the compensation of a temporary judge acting
23       pursuant to this section and such compensation shall be charged against
24       any or all parties to the action, or paid out of any fund or subject matter
25       of the action which is in the custody of the court, as directed by the court.
26             Sec.  3. K.S.A. 20-2915 is hereby amended to read as follows: 20-
27       2915. (a) Whenever a vacancy in the office of district magistrate judge
28       exists at the time the appointment to fill such vacancy is made, as provided
29       in K.S.A. 20-2914 and amendments thereto, the appointment shall be
30       effective at the time it is made, but where any such appointment is made
31       to fill a vacancy which will occur at a future date, such appointment shall
32       not take effect until said such date.
33             (b) Any person appointed to the office of district magistrate judge,as
34       provided in K.S.A. 20-2914 and amendments thereto, shall commence
35       upon the duties of office on the date such appointment takes effect, and
36       any such person so appointed shall have all the rights, privileges, powers
37       and duties jurisdiction prescribed by law for the office of district magis-
38       trate judge. Except as otherwise provided in K.S.A. 20-337 and amend-
39       ments thereto, any such judge shall be eligible for retention in office in
40       the same manner and under the same conditions prescribed by law for
41       the retention of district judges in judicial districts which have approved
42       the proposition of nonpartisan selection of district court judges.
43             Sec.  4. K.S.A. 22-2902 is hereby amended to read as follows: 22-

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  1       2902. (1) Every person arrested on a warrant charging a felony or served
  2       with a summons charging a felony shall have a right to a preliminary
  3       examination before a magistrate, unless such warrant has been issued as
  4       a result of an indictment by a grand jury.
  5             (2) The preliminary examination shall be held before a magistrate of
  6       a county in which venue for the prosecution lies within 10 days after the
  7       arrest or personal appearance of the defendant. Continuances may be
  8       granted only for good cause shown.
  9             (3) The defendant shall not enter a plea at the preliminary exami-
10       nation. The defendant shall be personally present and except for witnesses
11       who are children less than 13 years of age, the witnesses shall be examined
12       in the defendant's presence. The defendant's voluntary absence after the
13       preliminary examination has been begun in the defendant's presence shall
14       not prevent the continuation of the examination. Except for witnesses
15       who are children less than 13 years of age, the defendant shall have the
16       right to cross-examine witnesses against the defendant and introduce ev-
17       idence in the defendant's own behalf. If from the evidence it appears that
18       a felony has been committed and there is probable cause to believe that
19       a felony has been committed by the defendant, the magistrate shall order
20       the defendant bound over to the district judge having jurisdiction to try
21       the case; otherwise, the magistrate shall discharge the defendant. When
22       the victim of the felony is a child less than 13 years of age, the finding of
23       probable cause as provided in this subsection may be based upon hearsay
24       evidence in whole or in part presented at the preliminary examination by
25       means of statements made by a child less than 13 years of age on a vid-
26       eotape recording or by other means.
27             (4) If the defendant waives preliminary examination, the magistrate
28       shall order the defendant bound over to the district judge having juris-
29       diction to try the case.
30             (5) Any judge of the district court may conduct a preliminary exam-
31       ination, and a district judge may preside at the trial of any defendant even
32       though such judge presided at the preliminary examination of such
33       defendant.
34             (6) The complaint or information, as filed by the prosecuting attorney
35       pursuant to K.S.A. 22-2905 and amendments thereto, shall serve as the
36       formal charging document at trial. When a defendant and prosecuting
37       attorney reach agreement on a plea of guilty or nolo contendere, they the
38       defendant and the prosecuting attorney shall notify the district court of
39       their such agreement and arrange for a time to plead, pursuant to K.S.A.
40       22-3210 and amendments thereto.
41             (7) The district judge of the district court, when conducting the pre-
42       liminary examination, shall have the discretion to conduct arraignment,
43       subject to assignment pursuant to K.S.A. 20-329 and amendments thereto,

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  1       at the conclusion of the preliminary examination.
  2             Sec.  5. K.S.A. 22-3206 is hereby amended to read as follows: 22-
  3       3206. (1) A defendant charged with a felony in an information shall appear
  4       for arraignment upon such information in the district court not later than
  5       the next required day of court after the order of the magistrate binding
  6       over the defendant for trial, unless a later time is requested or consented
  7       to by the defendant and approved by the court or unless continued by
  8       order of the court.
  9             (2) A defendant charged with a felony in an indictment shall appear
10       for arraignment upon such indictment in the district court not later than
11       the next required day of court after arrest upon a warrant issued on the
12       indictment, unless a later time is requested or consented to by the de-
13       fendant and approved by the court or unless continued by order of the
14       court.
15             (3) If the preliminary examination is waived, arraignment shall be
16       conducted at the time originally scheduled for the preliminary examina-
17       tion if there is available a district judge of the district court is available,
18       subject to assignment pursuant to K.S.A. 20-329 and amendments thereto
19       to conduct the arraignment.
20             (4) In every judicial district, The district judges thereof in every ju-
21       dicial district shall provide by order for one or more required days of
22       court each month in each county of the district, at which time a district
23       judge will be personally present at the courthouse for the purpose of
24       conducting arraignments. 
25       Sec.  6. K.S.A. 20-310b, 20-2915, 22-2902 and 22-3206 and K.S.A.
26       1998 Supp. 20-302b are hereby repealed.
27        Sec.  7. This act shall take effect and be in force from and after its
28       publication in the statute book.