20-3006. Commencement of judges' duties; terms of office; candidacy for retention, eligibility, procedure; election; ballot form; application of election laws.
20-3006
20-3006. Commencement of judges' duties; terms ofoffice; candidacy for retention, eligibility, procedure; election; ballot form;application of election laws.(a) Persons who are appointed as judges of the court ofappeals pursuant to K.S.A. 20-3005 and amendments thereto shall commence thedutiesof office upon appointment, and eachjudge shall have allthe rights, privileges, powers and duties prescribed by law for theoffice of judge of the court of appeals.
(b) (1) Not less than 60 days prior tothe holding of the general election nextpreceding the expiration of theterm of any judge of the court of appeals, the judgemay file in the office of the secretary of state a declaration ofcandidacy for retention inoffice. If a declarationis not filed as provided in this section, the position held bythe judge shall be vacant uponthe expiration of the judge's term of office. If such declaration isfiled, the judge's name shall be submitted at the next general electionto the electors of the state on a separate judicial ballot, withoutparty designation, reading substantially as follows:
"Shall ______________ (Here insert name of judge.), Judge of the Courtof Appeals, be retained in office?"
(2) If a majority of those voting on the questionvotesagainstretaining the judge in office, the position which the judge holds shallbe vacant upon the expiration of the judge's term of office. Otherwise,unless the judge is removed for cause, thejudge shall remain in officefor a term of four years from the second Monday in January following theelection. At the expiration of each term, unless by law the judgeis compelled to retire, the judge shall be eligible for retention inoffice by election in the manner prescribed in this section.
(3) If a majority of those voting on the questionvotesagainst thejudge's retention, the secretary ofstate, following the final canvass of votes on the question, shallcertify the results to the clerk of the supreme court. Any such judgewho has not been retained in office pursuant to this section shall notbe eligible for nomination or appointment to the office of judge of thecourt of appeals prior to the expiration of four years after theexpiration of the judge's term of office.
(4) Election laws applicable to the general election of other stateofficers shall apply to elections upon the question of retention ofjudges of the court of appeals pursuant to this section, to the extentthat they are not in conflict with and are consistent with theprovisions of this act.
History: L. 1975, ch. 178, § 6;L. 1986, ch. 116, § 3;L. 2001, ch. 174, § 3;L. 2003, ch. 99, § 19;L. 2005, ch. 108, § 2; July 1.