KANSAS OFFICE of
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20-2911. Appointment of successor by governor; time limitations; failure of governor to appoint, appointment by chief justice; effective date of appointment. (a) Whenever a district judicial nominating commission has submitted to the governor the required number of nominations for appointment to fill a vacancy in the office of judge of the district court, it shall be the duty of the governor to make such appointment within 60 days after such nominations are submitted or resubmitted to the governor. If the governor fails to make the appointment within 60 days, the chief justice of the supreme court shall make the appointment from among such nominees, except whenever any change in the nominations is made pursuant to K.S.A. 20-2910, and amendments thereto, such 60-day period commences on the day the nominations are resubmitted.

(b) Whenever a vacancy in the office of judge of the district court 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 such future date.

History: L. 1974, ch. 137, § 11; L. 1976, ch. 145, § 104; L. 2014, ch. 82, § 20; July 1.

Revisor's Note:

L. 2014, ch. 82, was held to be an invalid enactment, see Solomon v. State, 303 K. 512, 364 P.3d 536 (2015).

Law Review and Bar Journal References:

"The selection of judges in Kansas: A Comparison of Systems," Jeffrey D. Jackson, 69 J.K.B.A. No. 1, 32 (2000).

Attorney General's Opinions:

Effect of abandoning nonpartisan method on terms of judges appointed to fill vacancies. 82-75.

Mentioned; governor has no deadline for appointments per K.S.A. 76-3304, unlike cited examples. 2007-13.

Statute prohibiting disclosure of judicial survey data of elected judges violates 1 st Amendment. 2007-27.


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