20-2904. Same; lawyer members; qualifications; selection.
20-2904
20-2904. Same; lawyer members; qualifications; selection.(a) Lawyer members of the district judicial nominating commission shall beelected by the lawyers who are qualified electors of the judicial district andwho are registered with the clerk of the supreme court pursuant to rule208 ofsuch court. Each lawyer member of a district judicial nominating commissionshall be a qualified elector of such judicial district. The number of lawyermembers to be elected to the district judicial nominating commission of ajudicial district shall be as follows:
(1) In a judicial district consisting of a single county, the number ofmembers elected shall be equal to the number of nonlawyer members appointedpursuant to subsection (a)(1) of K.S.A. 20-2905, and amendments thereto.
(2) In a judicial district consisting of two counties, four members shall beelected.
(3) In a judicial district consisting of three or more counties,the number of members elected shall equal the number of counties in suchjudicial district.
(b) Between December 1 and December 15 of the year in which nonpartisanselection of judges of the district court is approved by the electors of thejudicial district as provided in K.S.A. 20-2901, and amendments thereto, theclerk of the supreme court shall send to each lawyer by ordinary first classmail a form for nominating one lawyer for election to the commission. Any suchnomination shall be received in the office of theclerk of the supreme court on or beforeJanuary 1 of the following year, together with the written consent of thenominee. Afterreceipt of all nominations which are timely submitted, the clerk shallprepare a ballot containing the names of all lawyers so nominated andshall mail one such ballot and instructions for voting such ballotto each registered lawyer in the judicial district. Ballots shall beprepared in such manner that each lawyer receiving the same shall beinstructed to vote for not morethan the number ofpositions to be filled. Each such ballot shall be accompanied by acertificate to be signed and returned by the lawyer voting such ballot,evidencing the qualifications of such lawyer to vote and certifying thatthe ballot was voted by such person.In any judicial district in which the number of nominees does not exceed thenumber of positions to be filled, the clerk shall declare those nominees to beelected without preparation of a ballot.
In order to insure that the election of lawyer members is by secretballot, the clerk shall provide a separate envelope for the ballot, inwhich the voted ballot only shall be placed, and the envelope containingthe voted ballot shall be placed in another envelope, also to besupplied by the clerk, together with the signed certificate, andreceived in the office of the clerk of the supremecourt on or before February 15 of suchyear. The ballots returned as provided in this section shallbe canvassed within five daysthereafter. The canvassers shall consist of the clerk of the supremecourt and two or more persons who are registered members of the barresiding in Kansas, either practicing lawyers, justices or judges,designated to act as such by the chief justice. The canvassers shallopen and canvass the ballots and shall tabulate and sign the results asa record in the office of the clerk.
(c) After the ballots are counted and tabulated in descending orderfrom the nominee receiving the highest number of votes the canvassersshall declare to be elected those nominees who are equal in number tothe number of lawyers to be elected and who have the greatest number ofvotes.
In the event of a tie creating more nominees to be elected than thereare positions to be filled, the canvassers shall determine the person orpersons to be elected by lot. In the event that less than the requirednumber of lawyers is elected, the positions for which lawyers have notbeen elected shall be declared vacant and the vacancies filled in themanner prescribed by subsection (e) of K.S.A. 20-2906, and amendmentsthereto.
(d) The procedure provided in this section for election of lawyersto serve as members of the first district judicial nominating commissionestablished in a judicial district shall apply to the election oflawyers to succeed lawyer members of the commission whose terms ofoffice expire, except that the form for submitting a nomination shall besent between December 1 and December 15 of the year preceding the yearin which such terms of office expire, and the dates prescribed for submissionof nominations and the mailing, returning and canvassing of ballots shall applyin the year in which such terms of office expire.
History: L. 1974, ch. 137, § 4; L. 1976, ch. 145, § 98;L. 1978,ch. 116, § 1; L. 1983, ch. 106, § 1; L. 1992, ch. 283, §3;L. 2003, ch. 99, § 11; July 1.