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KANSAS STATUTES AND CODES
22a-103. District attorneys in certain judicial districts; vacancies; effect of change in residence or redistricting.
22a-103
22a-103. District attorneys in certain judicial districts; vacancies;effect of change in residence or redistricting.(a) When a vacancy occurs in the office of district attorney, the vacancyshall be filled by appointment by the governor of a person elected by adistrict convention, in accordance with K.S.A. 25-3902 and amendments thereto.If the vacancy occurs on or after May 1 of the second year of the term,the person so appointed shall serve for the remainder of the unexpired termand until a successoris elected and qualifies. If the vacancy occurs before May 1 of the secondyear of the term, the person appointed to fill the vacancy shall serve untila successor is elected and qualifies at the next state general electionto serve the remainder of the unexpired term. Nomination and election ofsuch successor shall be in the same manner as nomination and election ofa district attorney for a regular term.
(b) When a vacancy occurs in the office of districtattorney, the district judges of the district in which the vacancyoccurs shall appoint a person to serve as temporary district attorney untila person is appointed and qualifies to fill the vacancy in accordance withsubsection (a). A person appointed to serve as temporary district attorneyshall be an elector ofthe same political party as that of the district attorney vacating suchposition.
(c) A district attorney or temporary district attorney appointed pursuantto this section shall have the same powers and duties and shall be subjectto the same qualifications as an elected district attorney.
(d) In the event that any district attorney changesresidence outside of the judicial district from whichelected, such district attorney shall promptly resign from such office as districtattorney. If such district attorney fails to resign, such district attorney shall besubject to removal from office as provided by law. Any redistricting ofjudicial districts which results in a district attorney residing outsideof the district attorney's district shall not be grounds for removal and shall notdisqualify the district attorney from serving the remainder of the termfor which elected or appointed.
History: L. 1972, ch. 71, § 3; L. 1976, ch. 145, § 113; L. 1981,ch. 115, § 2; July 1.