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22a-101. Election of district attorneys in certain judicial districts; term; oath; bond; abolition of office of county attorney in said districts. (a) From and after January 8, 1973, there shall be established in judicial districts 3, 10, 18 and 29 of the state the office of district attorney, whose title and style of office shall be district attorney of the (__________) (district number) judicial district. Commencing with the general election in 1972, and at the general election every four (4) years thereafter, a district attorney shall be elected in each judicial district for a term of four (4) years, commencing on the second Monday in January next following his election. Said district attorney is hereby declared to be an executive officer of the judicial district in which he is elected, with said office constituting a separate entity within said district for administrative purposes, and in no event shall said district attorney be deemed an officer of any county. Before entering upon the duties of his office, each district attorney shall take the oath of office required by law for public officers and shall execute a good and sufficient surety bond in the manner prescribed by K.S.A. 75-4101 et seq., and acts amendatory thereof.

(b) From and after January 8, 1973, the office of county attorney in each county contained in judicial districts 3, 10, 18 and 29 shall be and is hereby abolished, and there shall not be a county attorney elected for any such county at the general election in 1972: Provided, That each county attorney in office in any such county on the effective date of this act, or any successor to such county attorney, shall remain in office until a district attorney has been elected for the judicial district wherein such county is located and is qualified to take office. Immediately thereafter, each such county attorney shall surrender his office to said district attorney, along with all of the books, papers, records, property and funds in his hands by virtue of his office.

History: L. 1972, ch. 71, § 1; L. 1973, ch. 146, § 1; April 18.

Law Review and Bar Journal References:

Consumer protection in the Tenth Judicial District, William P. Coates, Jr., 44 J.B.A.K. 67, 69 (1975).

"The New Kansas DUI Law: Constitutional Issues and Practical Problems," Gerard Little, Jr., 22 W.L.J. 340, 356 (1983).

Attorney General's Opinions:

General provisions; home rule powers. 79-113.

Public employees retirement systems; eligible employees. 80-26.

Home rule powers. 80-144.

District attorneys and their agents are state employees for purposes of tort claims act. 87-13.

Salary as district attorney commences when office converts from county to district attorney. 1999-33.

CASE ANNOTATIONS

1. Employees of district attorneys' offices are county employees for workers compensation purposes. Stuart v. Douglas County, 21 Kan. App. 2d 784, 788, 907 P.2d 919 (1995).

2. Cited; court imposes sanctions on former attorney general relating to records taken from attorney general's office. Comprehensive Health of Planned Parenthood v. Kline, 287 Kan. 372, 413, 197 P.3d 370 (2008).


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