Kansas Statutes

Chapter 20: Courts

Article 31: Clerk Of District Court

Statutes:

• 20-3101:
• 20-3102: Duties in general.
• 20-3103:
• 20-3104: Oath of deputies.
• 20-3105: Oaths, affirmations and acknowledgments.
• 20-3106:
• 20-3107: Montgomery county; court offices.
• 20-3108: Same; duties of county commissioners.
• 20-3109: Neosho county; court offices.
• 20-3110: Same; duties of county commissioners.
• 20-3111:
• 20-3112:
• 20-3113:
• 20-3114:
• 20-3115:
• 20-3116:
• 20-3117:
• 20-3118:
• 20-3119, 20-3120:
• 20-3121:
• 20-3122:
• 20-3123:
• 20-3124:
• 20-3125:
• 20-3126: County law libraries; establishment; election; registration; fees; filing pleadings signed by attorney; where attorney required to register.
• 20-3127: Same; board of trustees; use of fees and donations; use of library; treasurer, duties; custodian and librarian and assistants in certain counties; duties, compensation; attorneys not liable to pay occupational tax or city license fee.
• 20-3128: Same; maintenance of library.
• 20-3129: Same; library fees assessed in certain cases.
• 20-3130: Same; use and investment of idle funds.
• 20-3131: Same; branch library, when.
• 20-3132: Same; joint law library; establishment and maintenance.
• 20-3133: Clerks and deputies of district court; prohibited conduct.

• 20-3101:

        History:   G.S. 1868, ch. 25, § 147; L. 1897, ch. 96, § 3; R.S. 1923, 19-1301; L. 1965, ch. 160, § 6; Repealed, L. 1976, ch. 145, § 246; Jan. 10, 1977.

• 20-3102: Duties in general. The clerks of the district courts shall do and perform all duties that may be required of them by law or the rules and practice of the courts, and shall safely keep and preserve all papers, process, pleadings and awards that may be filed, or by law placed in their respective offices.

        History:   G.S. 1868, ch. 25, § 148; Oct. 31; R.S. 1923, 19-1302.

• 20-3103:

        History:   G.S. 1868, ch. 25, § 149; R.S. 1923, 19-1303; L. 1967, ch. 136, § 1; Repealed, L. 1978, ch. 112, § 5; July 1.

• 20-3104: Oath of deputies. Every such deputy clerk shall, before entering upon the duties of his office, take the oath of office hereinbefore provided.

        History:   G.S. 1868, ch. 25, § 150; Oct. 31; R.S. 1923, 19-1304.

• 20-3105: Oaths, affirmations and acknowledgments. The clerks of the district courts shall have authority to administer oaths and affirmations in all cases in which an oath or affirmation may be required, and may take acknowledgments of deeds, mortgages, and other instruments of writing, in this state.

        History:   G.S. 1868, ch. 25, § 151; Oct. 31; R.S. 1923, 19-1305.

• 20-3106:

        History:   G.S. 1868, ch. 25, § 152; R.S. 1923, 19-1306; L. 1963, ch. 160, § 5; Repealed, L. 1978, ch. 112, § 5; July 1.

• 20-3107: Montgomery county; court offices. The clerk, or a deputy clerk, of the district court of Montgomery county shall maintain an office at the city of Independence and at the city of Coffeyville, in Montgomery county, Kansas. All actions commenced in the court shall be entitled in the court "sitting at Independence" or "sitting at Coffeyville," as the case may be, and all actions shall be filed, process issued from and be returned to and trial had in the court sitting at the place designated in the title, except as otherwise provided by law. Any action pending in the district court sitting at either city may be assigned or transferred for hearing or trial to the court sitting at the other city, either by order of the district court of Montgomery county or the judge of that court or by stipulation of the parties.

        History:   L. 1927, ch. 183, § 2; L. 1984, ch. 147, § 2; July 1.

• 20-3108: Same; duties of county commissioners. The board of county commissioners of Montgomery county, Kansas, shall make all necessary provisions for holding, conducting and maintaining said court in said cities in said county: Provided, That the city of Coffeyville shall place at the disposal of the county commissioners rooms in which to hold said court sitting at Coffeyville without cost to the county.

        History:   L. 1927, ch. 183, § 4; June 1.

• 20-3109: Neosho county; court offices. The clerk, or a deputy clerk, of the district court of Neosho county, Kansas shall maintain an office at the city of Erie and at the city of Chanute in Neosho county. All actions commenced in the court shall be entitled in the court "sitting at Erie" or "sitting at Chanute" as the case may be, and all actions shall be filed, process issued from and be returned to and trial had in the court sitting at the place designated in the title, except as otherwise provided by law. Any action pending in the district court sitting at either city may be assigned or transferred for hearing or trial to the court sitting at the other city, either by order of the district court of Neosho county or the judge of that court or by stipulation of the parties.

        History:   L. 1955, ch. 183, § 2; L. 1984, ch. 147, § 3; July 1.

• 20-3110: Same; duties of county commissioners. The board of county commissioners of Neosho county, Kansas, shall make all necessary provisions for holding, conducting and maintaining said court in said cities in said county: Provided, That the city of Chanute shall place at the disposal of the county commissioners rooms in which to hold said court sitting at Chanute without cost to the county.

        History:   L. 1955, ch. 183, § 4; April 9.

• 20-3111:

        History:   L. 1915, ch. 193, § 1; R.S. 1923, 19-1307; L. 1949, ch. 199, § 1; L. 1968, ch. 350, § 1; L. 1982, ch. 116, § 2; Repealed, L. 2007, ch. 190, § 19; July 1.

• 20-3112:

        History:   L. 1919, ch. 178, § 1; L. 1920, ch. 32, § 1; R.S. 1923, 19-1308; L. 1925, ch. 133, § 1; L. 1938, ch. 40, § 1; L. 1943, ch. 136, § 1; L. 1945, ch. 164, § 1; L. 1951, ch. 221, § 1; L. 1953, ch. 145, § 1; L. 1957, ch. 163, § 1; L. 1961, ch. 132, § 1; L. 1963, ch. 167, § 1; L. 1974, ch. 117, § 1; L. 1994, ch. 211, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3113:

        History:   L. 1919, ch. 178, § 2; R.S. 1923, 19-1309; L. 1927, ch. 156, § 1; L. 1929, ch. 145, § 1; L. 1938, ch. 40, § 2; L. 1941, ch. 190, § 1; L. 1947, ch. 193, § 1; L. 1951, ch. 221, § 2; L. 1953, ch. 146, § 1; L. 1957, ch. 247, § 15; L. 1961, ch. 133, § 1; L. 1963, ch. 167, § 2; L. 1965, ch. 159, § 20; L. 1968, ch. 50, § 1; L. 1969, ch. 204, § 2; L. 1973, ch. 109, § 1; L. 1974, ch. 117, § 2; L. 1976, ch. 125, § 2; L. 1976, ch. 151, § 2; L. 1977, ch. 90, § 1; L. 1982, ch. 182, § 119; L. 1984, ch. 147, § 4; L. 1986, ch. 102, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3114:

        History:   L. 1927, ch. 156, § 2; L. 1957, ch. 163, § 2; L. 1976, ch. 145, § 63; L. 1977, ch. 105, § 6; L. 1982, ch. 182, § 120; Repealed, L. 1984, ch. 147, § 24; July 1.

• 20-3115:

        History:   L. 1951, ch. 221, § 3; L. 1957, ch. 163, § 3; L. 1963, ch. 167, § 3; L. 1976, ch. 145, § 64; L. 1977, ch. 105, § 7; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3116:

        History:   L. 1957, ch. 163, § 4; L. 1963, ch. 167, § 4; L. 1976, ch. 145, § 65; Repealed, L. 1984, ch. 147, § 24; July 1.

• 20-3117:

        History:   L. 1919, ch. 178, § 3; R.S. 1923, 19-1310; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3118:

        History:   L. 1939, ch. 163, § 1; L. 1955, ch. 150, § 1; Repealed, L. 1967, ch. 138, § 1; July 1.

• 20-3119, 20-3120:

        History:   L. 1939, ch. 163, §§ 2, 3; Repealed, L. 1967, ch. 138, § 1; July 1.

• 20-3121:

        History:   L. 1957, ch. 194, § 1; L. 1959, ch. 130, § 1; L. 1961, ch. 134, § 1; L. 1963, ch. 168, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3122:

        History:   L. 1957, ch. 194, § 2; L. 1976, ch. 125, § 3; L. 1976, ch. 151, § 3; L. 1987, ch. 101, § 1; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3123:

        History:   L. 1957, ch. 194, § 3; L. 1994, ch. 211, § 3; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3124:

        History:   L. 1957, ch. 194, § 4; L. 1976, ch. 145, § 67; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3125:

        History:   L. 1957, ch. 194, § 5; L. 1963, ch. 168, § 2; Repealed, L. 1995, ch. 163, § 7; July 1.

• 20-3126: County law libraries; establishment; election; registration; fees; filing pleadings signed by attorney; where attorney required to register. (a) Any county of this state may establish a county law library, under the provisions of and subject to the qualifications of this act. Any law library in existence on the effective date of this act which was established under previously existing statutes or previous versions of this statute shall be governed by this statute, and amendments thereto, on and after the effective date of this act.

        (b)   No county law library shall be established under the provisions of this act until a majority of the attorneys required to register in such county and admitted to practice before the bar in Kansas elect to do so, except that, where a county law library has already been established pursuant to other statutory provisions, such library shall come under the provisions of this act.

        (c)   All attorneys required to register in such county shall register annually with the clerk of the district court in a register kept for that purpose. The clerk shall enter the name, place of residence, employment, location of office and firm connection, if any, of each such attorney. All such attorneys shall register within 30 days after an election has been made to provide for a county law library, and on or before January 15 of each year thereafter. All attorneys required to register, except those employed solely as public defenders by the state board of indigents' defense services, shall pay to the clerk at the time of registering an annual registration fee of not less than $10 nor more than $75, as determined by the trustees of the law library, except that in Sedgwick and Johnson counties, each attorney shall pay to such clerk at the time of registering an annual registration fee of not less than $25 nor more than $125, as determined by the trustees of the law library. Public defenders are exempt from the registration fee during their employment with the state board of indigents' defense services. A registration fee in excess of the amount prescribed in this subsection annually may be fixed by a majority of the attorneys registered under the provisions of this act. A schedule of current registration fees shall be filed with the clerk of the district court.

        (d)   Whenever a law library has been established in any county, the clerk of the district court, or the clerk of any inferior court within such county, shall not file in the clerk's office in any matter or action, any pleading or other papers signed by an attorney required to register under this act who has not so registered and paid to the clerk of the district court the required registration fee.

        (e)   For the purposes of this section, an attorney shall be required to be registered in the county: (1) Where the attorney's principal office is located, if such attorney is a resident of Kansas or a resident of another state; or (2) where the attorney resides, if such attorney's principal office is located in another state. The principal office shall be the principal office of the attorney and not the principal office of such attorney's firm.

        History:   L. 1967, ch. 137, § 1; L. 1968, ch. 306, § 1; L. 1987, ch. 101, § 2; L. 1994, ch. 211, § 2; L. 1995, ch. 163, § 2; L. 2002, ch. 68, § 2; July 1.

• 20-3127: Same; board of trustees; use of fees and donations; use of library; treasurer, duties; custodian and librarian and assistants in certain counties; duties, compensation; attorneys not liable to pay occupational tax or city license fee. (a) Except as provided further, all fees collected pursuant to K.S.A. 20-3126, and amendments thereto, shall be used to establish and maintain the county law library. A board of trustees, appointed as provided in this section, shall have the management and control of such library and shall use the fees paid for registration, and all other sums, books, or library materials or equipment donated or provided by law, for the purpose of establishing and maintaining such library in the county courthouse or other suitable place to be provided and maintained by the county commissioners of such county, including acquiring and maintaining materials and technology that may, at the discretion of the board of trustees, be loaned to library users for use outside the premises of the library. The district judge or district judges of the district court, members of the bar who have registered and paid the fee provided for in K.S.A. 20-3126, and amendments thereto, judges of all other courts in the county and county officials shall have the right to use the library in accordance with the rules and regulations established by the board of trustees. The board of trustees shall develop guidelines to provide members of the public reasonable access to the law library.

        (b)   The board of trustees of any law library established or governed under this act, and amendments thereto, in Johnson and Sedgwick counties shall consist of five members, two of which shall be judges of the district court, appointed by a consensus of all judges of the district court in those counties, and three of which shall be members of the Johnson or Sedgwick county bar association, appointed by selection of the county bar association pursuant to the Johnson or Sedgwick county bar association's bylaws for two-year terms. The board of trustees of the law library in all other counties shall consist of the district judge or judges of the district court presiding in such county and not less than two attorneys who shall be elected for two-year terms by a majority of the attorneys residing in the county.

        (c)   The clerk of the district court of the county shall be treasurer of the library and shall safely keep the funds of such library and disburse them as the trustees shall direct. The clerk shall be liable on an official bond for any failure, refusal or neglect in performing such duties.

        (d)   The board of county commissioners of any county designated an urban area pursuant to K.S.A. 19-2654, and amendments thereto, wherein an election has been held to come under the provisions of this act is hereby authorized to appoint, by and with the advice and consent of the board of trustees of the law library of such county, a librarian, who shall act as custodian of the law library of such county and shall assist in the performance of the clerk's duties as treasurer thereof, and such assistants as are necessary to perform the duties of administering the law library. The librarian and any assistants so appointed shall be employees of the county under the supervision of the board of county commissioners, or the board's designated official, with the advice and recommendations of the board of trustees of the law library, and shall be subject to the personnel policies and procedures established by the board of county commissioners for all employees of the county. The librarian and any assistants shall receive as compensation such salaries and benefits as established by the law library board of trustees, subject to the approval of the board of county commissioners, which shall be payable from the general fund of the county, through the county payroll process, from funds budgeted and made available by the law library board of trustees for that purpose through the collection of fees or other funds authorized by this act.

        (e)   All attorneys registered under this act shall not be liable to pay any occupational tax or city license fees levied under the laws of this state by any municipality.

        History:   L. 1967, ch. 137, § 2; L. 1968, ch. 306, § 2; L. 1974, ch. 118, § 1; L. 1975, ch. 159, § 1; L. 1976, ch. 125, § 1; L. 1976, ch. 151, § 1; L. 1992, ch. 232, § 2; L. 1995, ch. 163, § 3; L. 2007, ch. 189, § 2; July 1.

• 20-3128: Same; maintenance of library. The trustees of any county law library may release the board of county commissioners from the duty to maintain the library in the county courthouse or at some other suitable place, and may establish and maintain the library in some suitable place not provided by the board of county commissioners in which event the board of county commissioners shall pay to the board of trustees from its general fund an amount not to exceed $5,000 annually to be applied to the cost of maintaining and operating the library as the board of trustees in its discretion may determine to be proper. The trustees shall have the power to rescind the action at any time, in which case it shall become the duty of the county commissioners to establish the library in the courthouse or any other suitable place provided and maintained by the county. If the board of trustees elects to establish and maintain the library at some other place other than the county courthouse, or at some other suitable place not selected by the board of county commissioners, the board of trustees may also release the board of county commissioners from the duty to appoint a librarian and assistants for the library.

        History:   L. 1967, ch. 137, § 3; L. 1995, ch. 163, § 4; July 1.

• 20-3129: Same; library fees assessed in certain cases. (a) Subject to the limitations contained in this section, the clerks of the district courts shall tax a library fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each county. Such library fee shall be not less than $2 nor more than $10 in all cases commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in all felony criminal cases and shall be not less than $.50 nor more than $7 in all other cases.

        (b)   The clerks of the district courts in Sedgwick county and Johnson county may tax an additional fee in an amount determined by the trustees of the law library in each county for the benefit and account of the law library in each such county. Such additional library fee shall not be more than $4 in all cases.

        (c)   The trustee of the law library in each county may increase law library fees under this section once per calendar year as of July 1. Changed law library fees shall be effective as of that date and when filed with the clerk of the supreme court. The trustees of the law library in each county shall file with the respective clerks the fees to be charged in that court.

        (d)   The fees provided for by subsection (a) shall be deducted from the docket fee. The fees provided for by subsection (b) shall be in addition to the docket fees established by law.

        (e)   In criminal cases where the case is dismissed by the state, the county shall be liable for the library fee. Where appeals from conviction in the municipal court are dismissed for want of prosecution, or by the defendant, the state or city shall collect the library fee. Upon failure of the state or city to do so within 90 days after the dismissal, the county from which the appeal is taken shall be liable therefor.

        (f)   The additional library fee under subsection (b) shall be considered a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments thereto.

        History:   L. 1967, ch. 137, § 4; L. 1976, ch. 145, § 69; L. 1981, ch. 117, § 1; L. 1984, ch. 147, § 5; L. 1987, ch. 101, § 3; L. 1989, ch. 84, § 1; L. 1991, ch. 84, § 1; L. 1992, ch. 232, § 1; L. 1995, ch. 163, § 5; L. 1996, ch. 234, § 9; L. 2007, ch. 189, § 1; July 1.

• 20-3130: Same; use and investment of idle funds. The trustees may invest any idle funds in investments authorized by K.S.A. 12-1675, and amendments thereto, in the manner prescribed therein. The trustees may also direct that any funds collected may be used for any purpose consistent with the establishment and maintenance of a law library.

        History:   L. 1967, ch. 137, § 5; L. 1977, ch. 54, § 25; July 1.

• 20-3131: Same; branch library, when. Upon the election of a majority of the attorneys in any county, a branch of said library shall be established and maintained in a suitable place to be provided and maintained by the board of county commissioners. The provisions of this section shall be subject to all other provisions of this act.

        History:   L. 1967, ch. 137, § 6; April 22.

• 20-3132: Same; joint law library; establishment and maintenance. Upon the election of a majority of the attorneys in any county, with the mutual consent of a majority from any other county or counties, a joint law library may be established and maintained in any suitable place or places determined by a majority of said attorneys from each county so joining, and the boards of county commissioners of said counties shall provide and maintain a suitable place or places and such boards shall share equally in any expense. The provisions of this section shall be subject to all other provisions of this act, and shall be applied upon such terms and under such conditions as the trustees so elected may agree.

        The trustees so elected shall determine which clerk of the district court shall act as treasurer.

        No provisions of this act shall be construed to place the operation of any county law library established and maintained hereunder or under other enabling acts subject to any cash basis law of this state.

        History:   L. 1967, ch. 137, § 7; April 22.

• 20-3133: Clerks and deputies of district court; prohibited conduct. It shall be unlawful for clerks of the district court or any of their deputies to write any petition or answer or other pleadings in any proceedings, or perform any service as an attorney or counselor at law in any case or cases pending in the court in which they are either clerk or deputy, or be interested in any profits or emoluments arising out of any practice in the courts of which they are either clerk or deputy, except costs.

        History:   L. 1975, ch. 195, § 1; July 1.