History: L. 1975, ch. 178, § 1; July 1.
(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 performance of such judge's official duties in the same manner and to the same extent justices of the supreme court are reimbursed for such expenses.
(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.
History: L. 1975, ch. 178, § 2; L. 1986, ch. 116, § 1; L. 1993, ch. 42, § 2; L. 2001, ch. 174, § 1; L. 2003, ch. 99, § 18; L. 2005, ch. 108, § 1; L. 2006, ch. 195, § 10; July 1.
History: L. 1975, ch. 178, § 3; Repealed, L. 2001, ch. 174, § 5; July 1.
(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, character, ability, experience and judicial temperament, to the end that persons 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 commission to tender a nomination to any qualified person in order to ascertain such person's willingness to serve if nominated, but any such tender of nomination shall be subject to final action of the commission under the conditions prescribed by subsection (a).
(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.
History: L. 1975, ch. 178, § 4; L. 1988, ch. 111, § 1; L. 2003, ch. 99, § 17; July 1.
History: L. 1975, ch. 178, § 5; L. 1986, ch. 116, § 2; L. 2001, ch. 174, § 2; July 1.
(b) (1) Not less than 60 days prior to
the holding of the general election 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 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 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 officers 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.
History: L. 1975, ch. 178, § 6; L. 1986, ch. 116, § 3; L. 2001, ch. 174, § 3; L. 2003, ch. 99, § 19; L. 2005, ch. 108, § 2; July 1.
In order that a vacancy in the office of judge of the court of appeals does not exist for an inordinate length of time, the commission shall conduct 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 possible nominees, and in no event shall the commission submit its nominations to the governor more than sixty (60) days prior to nor more than sixty (60) days after the date a vacancy occurs or will occur.
History: L. 1975, ch. 178, § 7; July 1.
Whenever there are existing at the same time two (2) or more vacancies in the office of judge of the court of appeals and the supreme court nominating commission has submitted to the governor the required number of nominees for each of such vacancies, the commission may withdraw the lists of nominations, prior to any appointment being made, and change any of the persons so nominated from one list to another and resubmit them as so changed, or may substitute a new nominee for any of those previously nominated. The action of the commission in withdrawing nominations may be taken at the same meeting at which nominations are made, or at any later meeting called for such purpose.
History: L. 1975, ch. 178, § 8; July 1.
(b) Whenever a vacancy in the office of judge of the court of appeals exists at the time the appointment to fill such vacancy is made pursuant to this section, the appointment shall be effective at the time it is made, but where an appointment is made pursuant to this section to fill a vacancy which will occur at a future date, such appointment shall not take effect until said date.
History: L. 1975, ch. 178, § 9; July 1.
If a majority of the votes cast and counted at such election is in favor of retaining such judge in office, he or she shall remain in office for a regular term of four years from the second Monday in January next following such election. Thereafter, such judge shall be subject to retention in office as provided in K.S.A. 20-3006. If a majority of the votes cast and counted at such election is against retaining such judge in office, such judge's position on the court of appeals shall become vacant on the second Monday in January next following the election, and a successor shall be appointed pursuant to K.S.A. 20-3007, 20-3008 and 20-3009. If such judge does not declare his or her candidacy for election to succeed himself or herself in office, such judge's position on the court of appeals shall be vacant on the second Monday in January next following such election.
History: L. 1975, ch. 178, § 10; L. 1978, ch. 117, § 1; July 1.
History: L. 1975, ch. 178, § 11; July 1.
History: L. 1975, ch. 178, § 12; July 1.
History: L. 1975, ch. 178, § 13; L. 1978, ch. 330, § 6; L. 1999, ch. 57, § 27; July 1.
History: L. 1975, ch. 178, § 14; July 1.
(b) The supreme court shall adopt rules prescribing the standards and procedures governing the writing and publication of the opinions of the court of appeals. The supreme court reporter shall be reporter of the court of appeals and shall publish such opinions of the court of appeals as may be required by rule of the supreme court.
(c) The state judicial administrator shall provide to the court of appeals such administrative services as may be directed by the supreme court.
History: L. 1975, ch. 178, § 15; July 1.
(1) One or more issues in such case are not within the jurisdiction of the court of appeals;
(2) the subject matter of the case has significant public interest;
(3) the case involves legal questions of major public significance; or
(4) the caseload of the court of appeals is such that the expeditious administration of justice requires such transfer.
(b) Any certification of findings and request for transfer of a case pursuant to subsection (a) shall be made in the manner and form prescribed by rules of the supreme court. The supreme court shall consider such certification and may accept the case for review and final determination or may decline jurisdiction and order that the case be determined by the court of appeals.
History: L. 1975, ch. 178, § 16; July 1.
History: L. 1975, ch. 178, § 17; July 1.
(b) Any party aggrieved by a decision of the court of appeals may file a motion with such court for a rehearing, in accordance with rules of the supreme court, but such motion shall not be a condition precedent to a review of such decision by the supreme court, and any such party may petition the supreme court for review within thirty (30) days after the date of such decision. The procedures governing petitions for review shall be prescribed by rules of the supreme court, and the review of any such decision shall be at the discretion of the supreme court. While neither controlling nor fully measuring the court's discretion, the following shall be considered in determining whether review will be granted: (1) The general importance of the question presented; (2) the existence of a conflict between the decision sought to be reviewed and a prior decision of the supreme court, or of another panel of the court of appeals; (3) the need for exercising the supreme court's supervisory authority; and (4) the final or interlocutory character of the judgment, order or ruling sought to be reviewed.
(c) At any time on its own motion, the supreme court may order the court of appeals to transfer any case before the court of appeals to the supreme court for review and final determination.
History: L. 1975, ch. 178, § 18; July 1.
History: L. 1978, ch. 108, § 14; July 1.