20-101a: Original jurisdiction in legislative apportionment cases.
The supreme court shall have original and exclusive jurisdiction in
regard to any suit in law or equity, or any controversy relating to the
apportionment of representation in the legislature of the state of Kansas.
History: L. 1963, ch. 203, § 1; June 30.
20-102: Terms.
The supreme court shall meet at the state capital on the first Tuesday
in January and July in each year. Special and adjourned terms of the court
may also be held at such times as a majority of the judges may direct; but
notice of the time of the holding of such special or adjourned terms shall
be given by publication in the Kansas register.
History: G.S. 1868, ch. 27, § 2; R.S. 1923, 20-102; L. 1982, ch.
346, § 2; July 1.
20-103: Adjournments.
If a majority of said court should not be in attendance on the first day
of the term, the clerk shall enter such fact on record, and the court shall
stand adjourned till the succeeding day, and so from day to day for three
days; and if said court shall not be opened within three days, all matters
pending therein shall stand continued until the next term, unless a special
term be sooner ordered, and no action or matter shall abate or be
discontinued thereby.
History: G.S. 1868, ch. 27, § 3; Oct. 31; R.S. 1923, 20-103.
20-104: Records and papers.
The records and papers of the supreme court shall be kept at the seat of
government, in a suitable room to be provided for the accommodation of the
court, and not be removed therefrom unless by direction of the court, and
then only so long as the court may permit.
History: G.S. 1868, ch. 27, § 4; Oct. 31; R.S. 1923, 20-104.
20-105: Qualifications of justices.
No person shall be qualified to hold the office of justice of the
supreme court, unless such person shall have been regularly admitted to
practice law in the state of Kansas and has engaged in the active and
continuous practice of law, as a lawyer, judge of a court of record or
any court in this state, full-time teacher of law in an accredited law
school or any combination thereof for a period of at least ten (10)
years prior to the date of appointment as justice.
History: L. 1917, ch. 153, § 1; R.S. 1923, 20-105;
L. 1976, ch. 146, § 2; April 19.
20-106: Marshal; powers; oath.
The supreme court may, on special occasions, when necessity shall
require, appoint a marshal, who shall have power to serve processes, and
shall perform such other duties as may be required of him by the court or
enjoined by law; he shall take the usual oath of office.
History: G.S. 1868, ch. 27, § 5; L. 1869, ch. 41, § 1; L. 1870,
ch. 57, § 1; R.S. 1923, 20-106; L. 1967, ch. 434, § 5; July 1.
20-107: Process; fees.
All process or writs issuing out of the supreme court shall be directed
to the sheriff or other proper officer of the county where the same is to
be executed, who shall serve the same: Provided, That the marshal of
said court shall have power to serve any such order, warrant, notice or
citation issuing out of said court, and shall receive the same fees
therefor as other officers are entitled to for like services.
History: G.S. 1868, ch. 27, § 6; Oct. 31; R.S. 1923, 20-107.
20-108: Carrying out appellate court judgments and decrees by district courts.
An appellate court of this state may require the district court of the county where any
action or proceeding shall have originated to carry the judgment or
decree of the appellate court into execution; and the same shall be
carried into execution by proper proceedings, by such district court,
according to the command of the appellate court made therein.
History: G.S. 1868, ch. 27, § 7; R.S. 1923, 20-108; L. 1976, ch.
146, § 3; L. 1978, ch. 107, § 1; July 1.
20-109: Clerk; oath; fees.
Before entering on the duties of his office, the clerk of the supreme
court shall take and subscribe the oath of office; and the clerk shall
receive, in addition to the fees already prescribed, such per diem during
the term as may be allowed by said court.
History: G.S. 1868, ch. 27, § 8; L. 1869, ch. 40, § 1; R.S.
1923, 20-109; L. 1967; ch. 434, § 6; July 1.
20-110: Duties of clerk.
It shall be the duty of the clerk of the supreme court to enter of
record all orders, judgments, decrees and proceedings of the court, and to
issue all process required by law or ordered by the court, and perform such
other duties as may be required of him by the court or by law.
History: G.S. 1868, ch. 27, § 9; Oct. 31; R.S. 1923, 20-110.
20-111: Syllabus of case.
When a case is decided by the supreme court, the judge delivering the
opinion shall, at the time the decision is made, file with the clerk a
brief statement, in writing, of the points decided in the case, which shall
constitute the syllabus in the published reports of the case.
History: G.S. 1868, ch. 27, § 10; L. 1869, ch. 39, § 1; R.S. 1923, 20-111; L.
1933, ch. 221, § 2; Feb. 17.
20-112: Written opinions.
The opinion of the court shall in all cases as soon as practicable be
reduced to writing, and filed in the cause to which it relates, and a copy
thereof be returned with the mandate to the court below.
History: G.S. 1868, ch. 27, § 11; L. 1869, ch. 39, § 2; March 2; R.S. 1923,
20-112.
20-113, 20-114:
History: L. 1897, ch. 110, §§ 2, 3; R.S.
1923, 20-113, 20-114; Repealed, L. 1953, ch. 375, § 95; July 1.
20-115: Fees to state general fund.
All fees accruing after the passage of this act shall be the property of
the state of Kansas, and when collected shall be turned over to the
general-revenue fund of the state, the same as above provided.
History: L. 1897, ch. 110, § 4; March 19; R.S. 1923, 20-115.
20-116: Supplies; requisitions.
All supplies, blank forms, books and stationery used in the office of
the clerk of the supreme court shall be provided as heretofore, except each
requisition for such supplies shall be signed and approved by the chief
justice of the supreme court.
History: L. 1897, ch. 110, § 5; March 19; R.S. 1923, 20-116.
20-117, 20-118:
History: L. 1927, ch. 188, §§ 1, 2;
Repealed, L. 1951, ch. 242, § 1; June 30.
20-119: Supreme court nominating commission;
selection of
chairperson.
The member who is to be 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 chairperson 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, 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, on or before
May 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 such clerk, for voting upon
such nominees.
Each member of the bar receiving such ballot may cast one vote
thereon for one of the nominees named and shall return the ballot by
mail in time to be received by the clerk on or before May
15. All ballots
received at the office of the clerk by such date shall be
counted and
the nominee receiving the greatest number of votes cast shall be the
chairperson member of such
commission, except that if
there are more than two nominees and no one of them
receives a
majority of the votes cast, the names of the two receiving the
greatest number of votes shall be resubmitted for vote by ballot in like
manner as is prescribed for the first ballot.
Such second ballot
to be mailed on or before June 15, and voted and returned so as to
be received at the office of the clerk on or before July 1.
History: L. 1959, ch. 158, § 1;
L. 2003, ch. 99, § 1; July 1.
20-120: Same; selection of member from each
congressional district.
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 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. 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, 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
clerk, on or before May
1,
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 such nominees.
Each member of the bar receiving such ballot may cast one vote
thereon for one of the district nominees named and shall return the
ballot by mail in time to be received at the office of the clerk
on or before May 15. All ballots received at the office of the clerk by
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, except that
if in any district there are more than two nominees and no one
of
them receives a majority of the votes cast in the district, the names of
the two receiving the greatest number of votes shall be resubmitted
in
the district for vote by ballot in like manner as is prescribed
for
the first ballot. Such second ballot to be mailed on or
before June 15 and returned in time so as to be received at the office of the
clerk on or before July 1.
History: L. 1959, ch. 158, § 2;
L. 2003, ch. 99, § 2; July 1.
20-121: Same; tie votes resolved by lot.
In any election held for selection of the chairman or other members of
the commission to be selected by the members of the bar, in case no nominee
receives a majority of the votes cast on the first ballot and two (2) or
more are tied for either the first highest or the second highest number of
votes cast so as to leave unsettled the determination of the question of
which two (2) have received the highest number of votes, or if on either
the first or second ballot two (2) nominees are tied so that one (1)
additional vote cast for either would give him a majority, the canvassers
shall resolve the tie by lot in such manner as they shall adopt and the
winner of the lot shall be deemed to have the plurality or majority as the
case may be.
History: L. 1959, ch. 158, § 3; March 24.
20-122: Same; names and addresses of attorneys; certificate evidencing
qualifications and voting; separate envelopes; preservation of ballots and
certificates.
The clerk of the supreme court may use the roster of attorneys in
the clerk's
office licensed to practice law in Kansas for ascertaining the names and places
of residence of those
entitled to receive ballots and for ascertaining the qualifications of
those nominated for membership on the commission. The clerk shall supply
with each ballot distributed 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 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
envelope, also to be supplied by the clerk, together with the signed
certificate. 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
certificates shall be preserved by the clerk for a period of six
months
and no one shall be permitted to inspect them
except on order of the supreme
court. At the end of such six months period the clerk,
unless
otherwise ordered by the supreme court, shall destroy them.
History: L. 1959, ch. 158, § 4;
L. 2003, ch. 99, § 3; July 1.
20-123: Same; record of election and appointment to commission;
notification; meetings; rules and regulations.
When the 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, the
clerk shall make a record
thereof in 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 shall be held at such
place as the clerk of the supreme court may arrange. Such
meeting shall be held upon the call of
the chairperson, or in the event of the
chairperson's failure
to call a meeting when a
meeting is necessary, upon the call of any four
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 reasonable 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.
History: L. 1959, ch. 158, § 5;
L. 2003, ch. 99, § 4; July 1.
20-124: Same; appointment of nonlawyer members;
vacancies.
As terms of office of nonlawyer members from each
congressional district are about to
expire, their successors shall be appointed by the governor and the names
of such appointees certified by the governor to the 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
10 days after 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 appointees.
History: L. 1959, ch. 158, § 6;
L. 2003, ch. 99, § 5; July 1.
20-125: Same; terms of office.
The term of office of the chairperson of the commission
shall be for as
many years as there are, at the time of such chairperson's
election, congressional
districts in the state. Except for those appointed to fill vacancies all terms
of
office for members of the commission, 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.
History: L. 1959, ch. 158, § 7;
L. 2003, ch. 99, § 6; July 1.
20-126: Same; uncontested elections.
In any uncontested
election, the nominee shall be declared elected without preparation of a
ballot.
History: L. 1959, ch. 158, § 8; L. 1963, ch. 204, § 1; L. 1992,
ch. 283, § 1;
L. 2003, ch. 99, § 7; July 1.
20-127: Same; change in status affecting membership; vacancies.
If the chairman or any other members of the commission elected by the
members of the bar shall cease to be a member of the bar entitled to engage
in the general practice of law in Kansas, or if the chairman shall change
his place of residence from the state or if any other member of the
commission, whether elected or appointed, shall change his place of
residence to a congressional district other than that from which he was
elected or appointed, the chairman or such other member as to whom such
change of condition exists, shall no longer be a member of the commission
and a vacancy shall exist as to his membership.
History: L. 1959, ch. 158, § 9; March 24.
20-128: Same; appointment by chief justice to fill vacancy of lawyer
member, when; certification.
Any vacancy occurring from any cause in the office of chairman of the
commission or among the lawyer members from the congressional districts
shall be filled by appointment by the chief justice of the supreme court of
Kansas, such appointee to hold office until the first day of July following
the expiration of four months after such appointment is made. During
the four months immediately preceding the termination of such appointive term
an election shall be held in the manner by this act provided for other
elections of subsequent members of the commission, for the unexpired term, if
any, of the member whose vacancy is being filled. Appointments to fill such
vacancies shall be certified to the clerk of the supreme court.
History: L. 1959, ch. 158, § 10; L. 1992, ch. 283, § 2; July 1.
20-129: Same; congressional redistricting; effect;
staggered terms.
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 months after
such redistricting becomes effective. Except for the
chairperson on such date, the terms of all
members of the commission shall expire. During
the
four months immediately preceding such termination of office, new
commissioners shall be elected and appointed from the newly constituted
congressional districts in the same manner which is provided in this act
for election and appointment of 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.
History: L. 1959, ch. 158, § 11;
L. 2003, ch. 99, § 8; July 1.
20-130: Same; canvassers of elections; duties.
The canvassers at any election held pursuant to this act shall consist
of the clerk of the supreme court and two (2) or more persons who are
members of the bar residing in Kansas, either practicing lawyers, 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.
History: L. 1959, ch. 158, § 12; March 24.
20-131: Same; additional term for members.
Any member of the commission shall be eligible for reelection or
reappointment if otherwise qualified, but for not more than one (1)
term in addition to that for which he was originally elected or
appointed.
History: L. 1959, ch. 158, § 13; March 24.
20-132: Same; vacancies in supreme court; notification of chairman;
nominations by commission.
When a vacancy occurs in the supreme court the clerk of such court shall
promptly notify the chairman of the commission of such vacancy. When it is
known that a vacancy will occur at a definite future date, but the vacancy
has not yet occurred, the clerk shall notify the chairman of the commission
thereof, and the commission may, within sixty (60) days prior to the
occurrence of such vacancy, make its nominations and submit to the governor
the names of three (3) persons nominated for such forthcoming vacancy. To
the end that the administration of justice may be facilitated and that no
vacancy on the supreme court may be permitted to exist unduly, the
commission shall make its nominations for each vacancy and certify them to
the governor as promptly as possible, and in any event not later than sixty
(60) days from the time such vacancy occurs.
History: L. 1959, ch. 158, § 14; March 24.
20-133: Same; intent of act; powers and duties of commission.
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
appointment 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 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.
History: L. 1959, ch. 158, § 15;
L. 2003, ch. 99, § 9; July 1.
20-134: Same; withdrawal of nominations and substitution of names,
when.
After the commission has nominated and submitted to the governor the
names of three (3) persons for appointment to fill a vacancy on the supreme
court, any name or names may be withdrawn for cause deemed by the
commission to be of a substantial nature affecting the nominee's
qualifications to hold office, and another name or names may be substituted
therefor at any time before the appointment is made to fill such vacancy.
If any nominee dies or requests in writing that his name be withdrawn the
commission shall nominate another person to replace him. Whenever there are
existing at the same time two (2) or more vacancies and the commission has
nominated and submitted to the governor lists of three (3) persons for each
of such vacancies, the commission may, in its sole discretion and before an
appointment is made, withdraw the lists of nominations, change the names of
any of such persons nominated from one (1) list to another and resubmit
them as so changed, and may substitute a new name for any of those
previously nominated. Action of a commission in withdrawing nominations may
be taken at the same meeting at which the nominations were made, or at any
later meeting.
History: L. 1959, ch. 158, § 16; March 24.
20-135: Same; appointments by chief justice, when.
In the event of the failure of the governor to make the appointment
within sixty days from the time names of the nominees are submitted to
him, the chief justice of the supreme court shall make the appointment
from such nominees. Any change in names made pursuant to K.S.A. 20-134 shall
constitute a resubmission.
History: L. 1959, ch. 158, § 17; March 24.
20-136: Same; acquisition of supplies
and equipment.
The clerk of the supreme court is hereby
authorized to procure such supplies and equipment as may be
necessary to carry out the provisions of this act.
History: L. 1959, ch. 158, § 18; L. 1979, ch. 79, § 1; July 1.
20-137: Same; compensation of members; expenses.
Each member of the commission shall receive as compensation for his
services the sum of fifteen dollars ($15) each day of attendance at
meetings of the commission and shall be reimbursed for his necessary
traveling, hotel, and sustenance expenses in connection with said meeting.
History: L. 1959, ch. 158, § 19; March 24.
20-138: Same; compensation and expenses; expenses of
judicial nominating commission members and clerk.
The compensation and expenses of the supreme court nominating
commission, the expenses of the members of a district judicial nominating
commission and the compensation of the clerk, and 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 the clerk's duties with
respect to the nonpartisan
selection of judges, shall be paid from available funds. The director of
accounts
and reports is hereby
authorized to draw warrants
for the use and purposes specified in this section upon the presentation of
vouchers duly itemized and approved by the clerk of the supreme court.
History: L. 1959, ch. 158, § 20; L. 1974, ch. 137, § 14;
L. 2003, ch. 99, § 10; July 1.
20-139: Conferences of supreme court justices and certain judges;
expenses.
From time to time, the chief justice of the Kansas supreme court may
order conferences of justices of the supreme court and judges of the
district court and court of appeals on matters relating to the
administration of justice. The actual and necessary expenses of the
justices of the supreme court and judges of the district court and court
of appeals incurred in connection with attending such conferences shall
be paid, subject to the provisions of K.S.A. 75-3216.
History: L. 1963, ch. 202, § 1; L. 1973, ch. 128, §
1; L. 1976, ch. 146, § 4; Jan. 10, 1977.
20-140 to 20-144:
History: L. 1963, ch. 425, §§ 1 to 5;
Repealed, L. 1965, ch. 212, § 6; May 1.
20-146:
History: L. 1965, ch. 212, § 1; Repealed, L. 1975, ch. 178, § 32; Jan. 10, 1977.
20-147:
History: L. 1965, ch. 212, § 2; L. 1967, ch. 169, § 1; Repealed, L. 1975, ch. 178,
§ 32; Jan. 10, 1977.
20-148:
History: L. 1965, ch. 212, § 3; L. 1972, ch. 95, § 1; Repealed, L. 1975, ch. 178,
§ 32; Jan. 10, 1977.
20-149, 20-150:
History: L. 1965, ch. 212, §§ 4, 5;
Repealed, L. 1975, ch. 178, § 32; Jan. 10, 1977.
20-151:
History: L. 1973, ch. 418, § 1; Repealed, L. 1976, ch. 145, § 246; Jan. 10, 1977.
20-152: Judicial study advisory committee; appointment;
expenses.
The supreme court may appoint a judicial study advisory committee to
assist in conducting the judicial study and survey and to make
recommendations to the judiciary and the legislature. The judicial study
advisory committee shall be considered a regular committee of the
judicial council for the purpose of receiving per diem allowances.
History: L. 1973, ch. 418, § 2; March 23.
20-153: Same; supplies, clerical assistance, contracts; duties of
judicial administrator; staff services of coordinating council.
The judicial council is authorized to procure such supplies and fix
compensation of such clerical and other assistance, and enter into
contracts for employment of such consulting and technical groups, as may be
necessary to carry out the provisions of this resolution. Under direction
of the supreme court, the judicial administrator shall participate in the
judicial survey and study and shall cooperate with the judicial council in
this project. Upon request of the chief justice, the legislative
coordinating council may make available such of the council's staff
services as may be necessary to assist the chief justice in the preparation
of any legislation necessary to implement any recommended statutory changes
resulting from the survey and study.
History: L. 1973, ch. 418, § 3; March 23.
20-154: Same; use of judicial council and supreme court funds for
matching purposes for study and survey.
Any funds appropriated by the legislature to the judicial council or the
supreme court may be used to match any moneys available from federal or
private sources to assist in the conduct of the judicial survey and study.
History: L. 1973, ch. 418, § 4; March 23.
20-155: Supreme court law library; law librarian and other personnel.
There is hereby established the Kansas supreme court law library, which
shall provide law library services to the judicial, legislative and
executive branches of state government and to members of the bar
under such rules as the supreme court may prescribe. The Kansas supreme
court law library shall be under the supervision and control of the
Kansas supreme court. For the purpose of operating and managing such
library a state law librarian shall be appointed by and serve at the
pleasure of the supreme court. Within the limits of appropriations made
therefor, the state law librarian shall, with the approval of the
supreme court, appoint such assistants and other personnel as
required for the operation and management of the law library, in accordance
with the personnel plan of the supreme court. The state
law librarian and the librarian's assistants and other library personnel
shall receive compensation in accordance with the pay plan of the supreme
court. Before entering upon the
duties of the office, the state law librarian shall
take the oath of office prescribed by law for public officers.
History: L. 1974, ch. 135, § 1; L. 1975, ch. 180, § 1; L. 1981,
ch. 130, § 1; July 1.
20-156: Same; operation and management;
classification and cataloguing
of materials; procurement of legal publications of other jurisdictions;
exchange, sale or loan of library materials; duplicate law book fund.
The state law librarian shall be responsible for the operation and
management of the supreme court law library and shall have custody of all
books, pamphlets and documents belonging thereto. He shall cause each book,
pamphlet or document received by such library to be stamped with the words
"Kansas supreme court law library" and to be classified and catalogued in
accordance with approved library methods. The state law librarian shall
provide for the procurement of the acts, journals and other publications of
a legal nature of the congress and the legislatures of the several states
and territories, together with the judicial decisions of the courts of the
United States and of the several states and territories. For such purpose,
the state law librarian may exchange the laws, judicial decisions and
books, documents and publications of a legal nature of the state of Kansas
and agencies thereof. The law librarian may exchange, sell or loan
indefinitely, duplicate books, sets of works or other duplicate or
temporary material, and the proceeds from any such sales shall be remitted
by the state law librarian to the state treasurer
in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto.
Upon receipt of each such remittance, the state treasurer shall deposit the
entire amount in the state treasury to the credit of the
"duplicate law book fund," which fund is hereby created. All expenditures from
such fund shall be for miscellaneous law library purposes and shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the state law
librarian or by a person or persons designated by him. Any exchange, sale
or loan made hereunder shall be exempt from the provisions of K.S.A.
75-3739 to 75-3744, and amendments thereto.
History: L. 1974, ch. 135, § 2;
L. 2001, ch. 5, § 68; July 1.
20-157: Same; transfer of certain publications, books, records and
accounts from state library.
All books, pamphlets and documents of a legal nature now deposited with
and the property of the Kansas state library and under the supervision and
control of the state law librarian shall be transferred to and shall become
the property of the Kansas supreme court law library. All books, records
and accounts involving the sale of Kansas reports, advance sheets, court of
appeals reports and reports and proceedings of the Wyandotte constitutional
convention, together with records of the state law library report fund,
shall be transferred by the state librarian to the custody and control of
the state law librarian.
History: L. 1974, ch. 135, § 3; July 1, 1975.
20-158: Budget for judicial branch of state
government;
preparation; submission.
The chief justice of the supreme court shall be responsible 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
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.
History: L. 1976, ch. 146, § 42; L. 1978, ch. 108, § 5; L.
1979, ch. 290, § 1; L. 1980, ch. 94, § 1;
L. 1999, ch. 57, § 10;
L. 2003, ch. 99, § 20; July 1.
20-159: Reproduction and preservation of court
records; minimum standards.
The supreme court may provide for and authorize any
chief judge
of a judicial district, to photograph, microphotograph or otherwise
reproduce or to
have photographed, microphotographed or otherwise reproduced
any of the court
records, papers or documents which are by law placed in the courts of that
judicial district and to acquire necessary facilities and equipment and
to acquire, maintain and use all such appropriate containers, files
and other methods as
shall be necessary to accommodate and preserve the photographs,
microphotographs,
films or as otherwise reproduced. The
photographing, microphotographing, filming or otherwise
reproducing may be so authorized for the reproducing of court records, where
to do so will
promote efficiency in the office, or as a method of preserving old or worn
records, papers or documents. The photographic films and prints or
reproductions
therefrom, shall comply with federal standard no. 125a, dated April 24,
1958, or the latest revision thereof, issued pursuant to the federal property
and administrative services act of 1949, and amendments thereto. The
device used to reproduce such records on for any type of
storage shall be one which accurately
reproduces the original thereof in all details. The court may use
reproduction methods which include the digital storage and retrieval of
official court records.
History: L. 1977, ch. 104, § 1;
L. 1998, ch. 112, § 3;
L. 1999, ch. 57, § 11; July 1.
20-160: Court may adopt rules relating to court records.
The supreme court may adopt rules to govern the reproduction, preservation,
storage and destruction of court records of this state, not inconsistent
with this act [*].
History: L. 1977, ch. 104, § 4; July 1.
20-161: Supreme court to establish pay plan, personnel plan and
affirmative action plan for certain nonjudicial personnel; contents of
plans; copy submitted to legislature.
The supreme court shall establish for the nonjudicial personnel of the
supreme court and the court of appeals a formal pay plan, a personnel
plan and an affirmative action plan for the hiring of minority persons.
Such pay plan and personnel plan shall include, but not be limited to,
job descriptions, qualifications of employees, salary ranges, vacation,
sick and other authorized leave policies. A copy of such pay plan,
personnel plan and affirmative action plan shall be submitted to the
legislature on or before January 15, 1978.
History: L. 1977, ch. 296, § 2; July 1.
20-162: Supreme court to establish judicial personnel classification
system; contents; submission to legislative coordinating council.
(a) The supreme court shall establish by rule a judicial
personnel classification system for all nonjudicial personnel in the state
court system and for judicial personnel whose compensation is not otherwise
prescribed by law. Said personnel classification system shall take effect
on July 1, 1979, and shall prescribe the compensation for all such personnel.
No county may supplement the compensation of district court personnel included
in the judicial personnel compensation system. Such compensation shall be
established so as to be commensurate with the duties and responsibilities
of each type and class of personnel. In establishing the compensation for
each type and class of personnel, the supreme court shall take into consideration:
(1) The compensation of such personnel prior
to January 1, 1979; (2) the compensation of personnel in the executive branch
of state government who have comparable duties and responsibilities; and
(3) the compensation of similar personnel in the court systems of other
states having comparable size, population and characteristics.
(b) The following personnel shall not be included in the judicial personnel
classification system:
(1) County auditors,
(2) coroners,
(3) court trustees and personnel in each trustee's office, and
(4) personnel performing services in adult or juvenile facilities used
as a place of detention or for correctional purposes.
The compensation for the above personnel shall be paid by the county as
prescribed by law.
(c) The judicial personnel classification system also shall prescribe
the powers, duties and functions for each type and class of personnel, which
shall be subject to and not inconsistent with any provisions of law prescribing
powers, duties and functions of such personnel.
(d) In conjunction with the judicial personnel classification system,
the supreme court shall prescribe a procedure whereby personnel subject
to said classification system who are removed from office by their appointing
authority will have an opportunity to seek reinstatement.
(e) On or before December 1, 1978, the supreme court shall submit to the
legislative coordinating council a detailed personnel classification and
pay plan for district court employees that are to be included in the judicial
personnel classification system. The plan shall detail each individual position
by classification, pay grade and pay step as compared to the employee's
present salary. In assignment of positions to particular steps within the
assigned pay grade, the plan shall place each employee at the step which
is the next highest over the employee's current salary. If an employee is
earning more than the highest step on a given grade, his or her salary shall
remain at the current level.
History: L. 1978, ch. 108, § 2; July 1.
20-163: Official station, justices and court of
appeals judges.
(a) The official station of each justice of the supreme court and judge
of the court of appeals shall be the county seat of the county where the
justice or judge maintains an actual abode in which the justice or judge
customarily lives.
(b) The chief judge of the judicial district in
which
a justice
of the supreme court or judge of the court of appeals has the justice's
or judge's official station, shall provide suitable office space upon request
by the justice or judge for use by the justice or judge and the justice's
or judge's staff personnel. Such office space shall be in or adjacent to
the district court courtrooms and offices at the official station of the
justice or judge. Notwithstanding the foregoing provisions, no office space
shall be provided by the chief judge of the third
judicial district.
(c) Each justice of the supreme court and judge of the court of appeals,
upon appointment and from time to time thereafter as changes occur, shall
notify the judicial administrator in writing of the justice's or judge's
official station, if other than the city of Topeka.
(d) Notwithstanding the other provisions of this section, all mileage
and other allowances for official travel for justices of the supreme court
and judges of the court of appeals shall be determined from Topeka, Kansas.
History: L. 1982, ch. 128, § 1;
L. 1999, ch. 57, § 12; July 1.
20-164: Rules establishing expedited process for
support, parenting time and child
visitation orders.
(a) The supreme court shall establish by rule an expedited judicial process
which shall be used in the establishment, modification and enforcement of
orders of support pursuant to the Kansas parentage act; K.S.A. 23-451 et
seq., 39-718a, 39-755, 60-1610, and amendments thereto, or K.S.A.
39-718b, and amendments thereto;
K.S.A. 2007 Supp.
38-2243, 38-2244 or 38-2255, and
amendments thereto; or K.S.A. 23-4,105 through 23-4,118 and amendments thereto;
or K.S.A. 23-4,125 through 23-4,137, and amendments thereto.
(b) The supreme court shall establish by rule an expedited judicial
process for the enforcement of court orders granting visitation
rights or parenting time.
History: L. 1985, ch. 115, § 53; L. 1991, ch. 112, § 1;
L. 2000, ch. 171, § 2;
L. 2006, ch. 200, § 80; Jan. 1, 2007.
20-165: Rules establishing child support guidelines.
The supreme court shall adopt rules establishing
guidelines for the amount of child support to be ordered in any
action in this state including, but not limited to, K.S.A.
38-1121, 39-755 and 60-1610, and amendments thereto. In adopting
such rules, the court shall consider the criteria in K.S.A. 38-1121.
History: L. 1986, ch. 219, § 2;
L. 1992, ch. 312, § 1; July 1.
20-166: Access to justice fund; expenditures;
grant guidelines established
by the supreme court.
(a) There is hereby created in the state treasury the
access
to justice fund. Money credited to the fund pursuant to K.S.A. 20-362, and
amendments thereto, shall be used solely for the purpose of making grants for
operating expenses to programs, including dispute resolution programs, which
provide access to the Kansas civil justice system for persons who would
otherwise be unable to gain access to civil justice. Such programs may provide
legal assistance to pro se litigants, legal counsel for civil and domestic
matters or other legal or dispute resolution services provided the recipient of
the assistance or counsel meets financial qualifications under guidelines
established by the program in accordance with grant guidelines promulgated by
the supreme court of Kansas.
(b) All expenditures from the access to justice fund shall be made in
accordance with appropriations acts upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the chief justice of the
Kansas supreme court or by a person or persons designated by the chief justice.
(c) The chief justice may apply for, receive and accept money from any
source for the purposes for which money in the access to justice fund may be
expended. Upon receipt of each such remittance,
the chief justice shall remit the
entire amount
to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall
deposit the entire amount in
the state treasury to the credit of the access to
justice fund.
(d) Grants made to programs pursuant to this section shall be based on the
number of persons to be served and such other requirements as may be
established by the Kansas supreme court in guidelines established and
promulgated to regulate grants made under authority of this section. The
guidelines may include requirements for grant applications, organizational
characteristics, reporting and auditing criteria and such other standards for
eligibility and accountability as are deemed advisable by the supreme court.
History: L. 1996, ch. 234, § 1;
L. 2001, ch. 5, § 69; July 1.
20-167: Supervision fee for juvenile offender; fees
paid to county general fund; waiver.
On and after July 1, 1997:
(a) The supreme court may establish
a supervision fee
schedule to be charged a juvenile offender, or the parent or guardian of such
juvenile offender, if the juvenile offender is under the age of 18, for
services rendered the juvenile who is:
(1) Placed on probation;
(2) placed in juvenile community correctional services;
(3) placed in a community placement;
(4) placed on conditional release pursuant to
K.S.A. 2007 Supp.
38-2374, and amendments thereto; or
(5) using any other juvenile justice program available in the judicial
district.
(b) The supervision fee established by this section shall be charged and
collected by the clerk of the district court.
(c) All moneys collected by this section shall be paid into the county
general fund and used to fund community
juvenile justice programs.
(d) The juvenile offender shall not be eligible for early release from
supervision unless the supervision fee has been paid.
(e) An annual report shall be filed with the commissioner of juvenile
justice from every judicial district concerning the supervision fees. The
report shall include figures concerning: (1) The amount of supervision fees
ordered to be
paid; (2) the amount of supervision fees actually paid; and (3) the amount of
expenditures and to whom such expenditures were paid.
(f) The court may waive all or part of the supervision fee established by
this section upon a showing that such fee will result in an undue hardship to
such juvenile offender or the parent or guardian of such juvenile offender.
History: L. 1997, ch. 156, § 2;
L. 2006, ch. 169, § 91; Jan. 1, 2007.
20-168: Seal of justice for supreme court
courtroom; replica of seal in supreme court chamber in capitol; gifts and
donations, disposition; assistance by secretary of administration.
In addition to the other purposes for which expenditures
may be made from the moneys appropriated from the state general fund or from
any special revenue fund, the supreme court may make expenditures to acquire
and install a seal of justice in the supreme court courtroom of the judicial
center that is designed to be a replica of the seal of justice in the supreme
court chamber in the state capitol, which has represented thereon a hand
holding the scales of justice and inscriptions reading "Supreme Court" and
"State of Kansas" and which is affixed above the entrance behind the former
bench for the justices. The supreme court is hereby authorized to accept gifts
and donations to pay for the cost of obtaining and installing such seal of
justice. All monetary gifts and donations received for this purpose shall be
deposited in the state treasury to the credit of the judicial branch gifts fund
of the judicial branch.
The secretary of administration shall provide such
assistance as may be requested by the supreme court for the purposes of
acquiring and installing such seal of justice as provided by this section.
History: L. 2005, ch. 176, § 1; July 1.
20-169 to 20-174: Reserved.