20-2901. Proposition of method of selection of judges of district court; submission of proposition on filing of petition or in newly established district. - Kansas Statutes

20-2901

Chapter 20.--COURTS Article 29.--NONPARTISAN SELECTION OF JUDGES OF THE DISTRICT COURT

      20-2901.   Proposition of method of selection of judges ofdistrict court; submission of proposition on filing of petitionor in newly established district.(a) The proposition of the method ofselecting judges of the district court shall be submitted to thequalified electors in each judicial district, as authorized by section 6of article 3 of the Kansas constitution, when a petition therefor issubmitted to the secretary of state in accordance with this section. Inthe case of a petition for the adoption of the nonpartisan method of selection, thefollowing shall appearon the petition:

      "We request an election to determine whether judges of the district courtin this district shall continue to be elected or shall beappointed by the governor upon nominations by a district nominating commissionand subject to retention in office by a vote of the voters."

      In the case of a petition for the rejection of thenonpartisan method of selection, the following shall appear on the petition:

      "We request an election to determine whether judges of the district courtin this district shall continue to be appointed by the governor upon nominationsby a district nominating commission and subject to retention in office bya vote of the voters or shall be elected."

      (b)   The proposition of the method of selecting judges of the districtcourt shall be submitted to the qualified electors in: (1) Any newly establishedjudicial district which consists of all or parts of two or more previouslyestablished districts which used different methods of selecting judges ofthe district court and (2) any judicial district to which new territory isattached if any portion of such territory was transferred from a districtwhich used a method of selecting its judges which is different from themethod used in any other district from which any portion of the territorywas transferred or the district to which the territory is attached.

      (c)   The proposition on the ballot at an election held pursuant to thissection for the adoption of nonpartisan selection shall be as follows:

            "The present method of electing judges of the district court in thisjudicial district shall be discontinued and there is hereby adopted in thisjudicial district the nonpartisan method of selection of judges by thegovernor upon nominations by a district nominating commission and subjectto retention in office by a vote of the voters." Provision shall be madefor marking the question "Yes" or "No."

      (d)   The proposition on the ballot at an election held pursuant to thissection for the repeal of nonpartisan selection shall be as follows:

            "The present method of nonpartisan selection of judges of the districtcourt in this judicial district by the governor upon nominations by adistrict nominating commission and subject to retention in office by a voteof the voters shall be discontinued and there is hereby adopted in thisjudicial district the election of judges of the district court by thevoters." Provision shall be made for marking the question "Yes" or "No."

      (e)   The proposition on the ballot at any election held pursuant tosubsection (b) shall be as follows:

      "Judges of the district court in this judicial district shall beselected: (vote for only one of the following methods)

      (1)   By election by the voters.

      (2)   By nonpartisan appointment by the governor from among nominationsby a district nominating commission and subject to election on retention inoffice by a vote of the voters."

      (f)   If a majority of the votescast and counted on the propositionis in favor of the nonpartisan method of selection or against election ofjudges of the district court, the provisions of thisact shall govern the selection andretention of judges of the district court in the judicial district,notwithstanding any other law providing for the election of judges ofthe district court, until such time as the proposition of the method ofselection of the judges of the district court is resubmitted to the votersof the judicial district and a different method of selection is approvedby the voters as provided by this section. If a majority of the votescast and countedis in favor of election of judges of the district court or against thenonpartisan method of selection, vacancies inthe office of judge of the district court in the judicial districtshall be filled in the manner provided by law for the filling of suchvacancies in judicial districtsin which judges of the district court are elected, until such time as theproposition of the method of selection of the judges of the district courtis resubmitted to the voters of the judicial district and a different methodof selection is approved by the voters as provided by this section.

      (g)   Except as provided in subsection (b), when the propositionof the methodof selecting judges of the district court is submitted to the electors ina judicial district in 1984 or in any subsequent year, such propositionmay be resubmitted to theelectors in the judicial district not more often than once every eightyears thereafter, whenever there shall besubmitted to the secretary ofstate a petition signed by qualified electors of the judicial district,equal in number to not less than 5% of the electors ofthe judicial district who voted for the office of secretary of state atthe last preceding general election. In such event, the secretary ofstate shall cause the appropriate proposition as stated in subsection(c) or (d) to beplaced on the ballot at the next succeeding general election in aneven-numbered year which occurs more than 90 days after thedate such petition is filed with the secretary of state.

      (h)   It shall be the duty of the state board of canvassers to canvassthe votes in each judicial district voting on the proposition ofthe method of selection of judges of thedistrict court in the manner prescribed by K.S.A. 25-3206 and amendmentsthereto. Uponcompletion of the final canvass and certification of the results, thesecretary of state shall transmit a copy of the results for each suchjudicial district to the chief justice of the supreme court. Uponreceipt thereof, the chief justice shall notify the clerk of the supremecourt and the board of county commissioners of each county in a judicialdistrict which voted in favor of the nonpartisan method of selection of theirrespective duties under this act, and the chief justice shall designatea chairperson of the commission for each such judicial district, asprovided in K.S.A. 20-2903 and amendments thereto.

      History:   L. 1974, ch. 137, § 1; L. 1974, ch. 138, § 1; L.1976, ch. 145, § 95; L. 1979, ch. 84, § 1; L. 1982, ch. 130, §16; L. 1982, ch. 129, § 10;L. 1985, ch. 107, § 1; July 1.