22-3609a. Appeals from district magistrate judges.
22-3609a
22-3609a. Appeals from district magistratejudges.(1) A defendant shall have the right toappeal from any judgment of a district magistrate judge. Thechief judge shall be responsible for assigning adistrict judgefor any such appeal. The appeal shall stayall further proceedings upon the judgment appealed from.
(2) An appeal to a district judge shallbe taken by filing a notice of appeal with the clerk of the court. Noappeal shall be taken more than 10 days after the date of thejudgment appealed from.
(3) The clerk of the district court shall deliver the complaint,warrant and any appearance bond to the district judge to whom such appealis assigned. The case shall be triedde novo before the assigned district judge.
(4) No advance payment of a docket fee shall be required when theappeal is taken.
(5) All appeals taken by a defendant from a district magistrate judgeinmisdemeanorcases shall be tried by the courtunless a jury trial is requested in writing by the defendant. All appealstaken by a defendant from a district magistrate judge in traffic infraction andcigarette or tobacco infraction cases shall be to the court.
(6) Notwithstanding the other provisions of this section, appeal froma conviction rendered pursuant to subsection (c) of K.S.A. 22-2909and amendments thereto shall be conducted only on the record of the stipulationof facts relating to the complaint.
History: L. 1976, ch. 163, § 22; L. 1977, ch. 112, § 11; L.1982, ch. 144, § 19; L. 1984, ch. 39, § 44;L. 1986, ch. 115, § 67;L. 1996, ch. 214, § 36;L. 1998, ch. 192, § 9;L. 1999, ch. 57, § 33; July 1.