20-2908. Same; retention of incumbent judge; declaration of candidacy; rejection by electors, vacancy; retention, term of office; eligibility for office after rejection; applicability of election laws
20-2908
20-2908. Same; retention of incumbent judge;declaration of candidacy; rejection by electors,vacancy; retention, term of office; eligibilityfor office after rejection; applicability of election laws.Following the approval of nonpartisan selection of judges of the districtcourt in a judicial district as provided in K.S.A. 20-2901 and amendmentsthereto, there shall not be an election or reelection of a judge of thedistrict court at any succeeding general election, but any judge of thedistrict court in the judicial district whose term of office expires on thesecond Monday in January next following any such succeeding generalelection shall be eligible for retention in office as provided in thissection. No later than 12:00 noon on the Monday preceding the first Tuesdayof August preceding the expiration of the judge's term of office, the judgemay file in the office of the secretary of state a declaration of candidacyfor retention in office. Such declaration shall be prescribed by thesecretary of state. If a declaration is not so filed, the position held bythe judge shall be vacant upon the expiration of the judge's term ofoffice. If a declaration is filed, the judge's name shall be submitted atthe next general election to the electors of the judicial district, if thejudge is a district judge, or to the electors of the county, if the judgeis a district magistrate judge. The name shall be submitted on a separatejudicial ballot, without party designation, reading substantially as follows:
"Shall
(Here insert name of judge.)
(Here insert the title of the court.)
be retained in office?"
If a majority of those voting on the question vote againstretaining the person in office, the position or office which theperson holds shall be vacant upon the expiration of the person's term ofoffice; otherwise, unless removed for cause, the personshall remain in office for the regular term of four years from thesecond Monday in January following the election. At the expiration ofeach term, unless by law the person is compelled to retire, the personshall be eligible for retention in office by election in the mannerprescribed in this section.
Wherever a majority of those voting on the question of retaining anyjudge in office vote against retention, the secretary ofstate, following the final canvass of votes on the question, shallcertify the results to the chief justice of the supreme court. Anyjudge who has not been retained in office pursuant to this section shallnot be eligible for nomination or appointment to the office of judge ofthe district court in the judicial district prior to the expiration offour years after the expiration of the judge's term of office.
Election laws applicable to the general elections of other stateofficers shall apply to elections upon the question of retention ofjudges of the district court pursuant to this section, to the extentthat they are consistent with theprovisions of this act.
History: L. 1974, ch. 137, § 8; L. 1976, ch. 145, § 101; L.1982, ch. 129, § 11;L. 1986, ch. 115, § 51;L. 1989, ch. 106, § 1; July 1.