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The 12th Judicial District Rules
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ADMINISTRATIVE RULE NO. 19

RE: Tender of Plea of Guilty and Nolo Contendere Forms

In all felony cases, misdemeanor cases and traffic offenses classified as misdemeanors, including, but not limited to:

  1. Driving under the influence (K.S.A. 8-1567);
  2. Reckless driving (K.S.A. 8-1566);
  3. Fleeing and eluding (K.S.A. 8-1568);
  4. Suspended driver's license (K.S.A. 8-262);
  5. Perjury (K.S.A. 8-261a);
  6. Fraudulent affidavit violations (K.S.A. 8-142);
  7. Failure to stop and give aid and/or information (K.S.A. 8-1602 and K.S.A. 8-1606); and
  8. Financial responsibility violations (K.S.A. 40-3104);
if the defendant elects to enter a plea of guilty or a plea of nolo contendere to the charge or charges filed against him, there shall be prepared and submitted to the court a written tender of plea of guilty and an accompanying certificate of counsel or a written tender of plea of nolo contendere and an accompanying certificate of counsel in substantially the forms attached to this rule. In addition, there shall be completed and filed in the case an order accepting the plea in substantially the form attached to this rule.

If, for good cause shown, the presiding judge finds that the tender of plea form cannot or should not be executed by the defendant, then in such event the court shall make oral inquiry of the defendant on the record concerning the matters contained in the tender of plea form.


IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

vs

_______________,

Plaintiff,

Case No. ______

Defendant.

 

TENDER OF PLEA OF GUILTY

The defendant named above states to the court, as follows:

  1. My given name is __________________________________. I am also known as _________________________________. I am ______ years of age (d.o.b. ___________). I have completed ______ years of school.
  2. I am not presently under the influence of alcohol or drugs. I have never been determined to be mentally incompetent or mentally ill.
  3. My lawyer's name is ___________________________________. He has represented me adequately, and to my satisfaction.
  4. I have received a copy of the complaint or information. I have read it, and discussed it with my lawyer. I have told my lawyer all the facts and circumstances about the charge(s) brought against me. My lawyer is fully informed on all such matters.
  5. My lawyer has advised me on the nature of the elements of each charge, and on all lesser included charges against me. He has advised me on all possible defenses that I may have in this case.
  6. I understand that I am presumed to be innocent, and that the Constitution guarantees me:

    i. The right to a speedy and public trial by a jury of my peers, at which the State must prove my guilty beyond a reasonable doubt;
    ii. The right to see and hear all witnesses called to testify against me, and the right to confront and cross-examine those witnesses, while they are under oath;
    iii. The right to call witnesses on my behalf, and to use the power of the court to compel their attendance, and to compel the production of evidence;
    iv. The right to testify if I wish, but also the right not to testify, and that my guilt may not be inferred from my silence;
    v. If I am convicted, I have the right to appeal. If I am indigent, the court will appoint an attorney for me and the State will pay for the costs of an appeal.

  7. I understand that by pleading guilty, I am waiving the rights set out above. I am admitting to the truth of each and every element of the crimes charged. I understand that there will be no trial. I understand that the court will convict me of the charges to which I am pleading guilty. I also understand that the court may impose the same sentence as if I had entered a plea of "not guilty" and had been convicted by a jury.

  8. I have been informed that by entering this plea, the court can impose a sentence of up to ______ years/months imprisonment, in addition to a fine of up to $_______________.

  9. I am aware that if I am on parole or probation my conviction in this case may result in that parole or probation being revoked, and I may be sentenced to jail for a period of time in addition to any sentence imposed in this case.

  10. No officer or agent of any branch of the government has made any promises to me in exchange for this plea, other than that set out in the plea negotiations. I am not entering this plea under any threat to myself, or to someone close to me.

  11. There have been plea negotiations, which bring about this plea, which consist of the following: ____________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________.

  12. I fully understand that the court is not bound by any agreements made between the county attorney and my lawyer, concerning the sentence to be imposed in this case. I understand that it is the court's responsibility, and the court's alone, to determine the appropriate sentence in this matter.

Signed in the presence of my attorney on _____________, 19__.

______________________________
Defendant        

__________________________
Attorney for Defendant


CERTIFICATE OF COUNSEL

The undersigned, as lawyer for the defendant charged herein, certifies:

  1. I have read to the defendant the allegations in the information/complaint. I have explained to him the elements of each charge, and the possible sentence that could be imposed for conviction of the charges to which he is hereby entering his plea of guilty.
  2. I believe that the defendant is competent to understand these charges, and the consequences of his plea of guilty, and I believe that he does understand the same.
  3. To the best of my knowledge and belief, the statements made by the defendant in the foregoing and attached tender form are true.
  4. I have made no promises to the defendant concerning any sentence which the court may impose.
  5. I have discussed the contents of this tender form and this accompanying certificate with the defendant, and assisted him in completing the tender form.

____________________________________________________
Attorney for Defendant                                

______________________________
Date



IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

vs

_______________,

Plaintiff,

Case No. ______

Defendant.

 

ORDER ACCEPTING PLEA

Now on this ______ day of _________________, 19__, the court finds that the defendant named above has presented a Tender of Plea of Guilty form, and entered a plea of guilty to the charges brought by the State. Having examined the form, the court inquires of the defendant and his attorney in open court. The court informs the defendant of the maximum penalty which may be imposed if the plea is accepted, and that he is waiving certain Constitutional rights by entering his plea, which are specified and explained by the court. The court informs the defendant that he is admitting to the truth of each and all of the essential elements of the charges. Having heard the statements of the defendant and counsel, reviewed the file, and being duly advised in the premises, the court finds:

  1. The defendant enters his plea voluntarily and not under any threat or promise;
  2. The defendant understands the charges, and the plea that he is entering to those charges;
  3. The defendants understand the consequences of the plea that he is entering;
  4. There is a factual basis for the charges to which the defendant is entering his plea.

IT IS THEREFORE ORDERED that the defendant's plea of guilty be accepted, and it is hereby accepted, by this court, in accordance with his request.

________________________________
Judge of the District Court     



IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

vs

_______________,

Plaintiff,

Case No. ______

Defendant.

 

TENDER OF PLEA OF NOLO CONTENDERE (NO CONTEST)

The defendant named above states to the court, as follows:

1. My given name is __________________________________. I am also known as _________________________________. I am ______ years of age (d.o.b. ___________). I have completed ______ years of school.

2. I am not presently under the influence of alcohol or drugs. I have never been determined to be mentally incompetent or mentally ill.

3. My lawyer's name is ___________________________________. He has represented me adequately, and to my satisfaction.

4. I have received a copy of the complaint or information. I have read it, and discussed it with my lawyer. I have told my lawyer all the facts and circumstances about the charge(s) brought against me. My lawyer is fully informed on all such matters.

5. My lawyer has advised me on the nature of the elements of each charge, and on all lesser included charges against me. He has advised me on all possible defenses that I may have in this case.

6. I understand that I am presumed to be innocent, and that the Constitution guarantees me:

I. The right to a speedy and public trial by a jury of my peers, at which the State must prove my guilty beyond a reasonable doubt;
ii. The right to see and hear all witnesses called to testify against me, and the right to confront and cross-examine those witnesses, while they are under oath;
iii. The right to call witnesses on my behalf, and to use the power of the court to compel their attendance, and to compel the production of evidence;
iv. The right to testify if I wish, but also the right not to testify, and that my guilt may not be inferred from my silence;
v. If I am convicted, I have the right to appeal. If I am indigent, the court will appoint an attorney for me and the State will pay for the costs of an appeal.

7. I understand that by pleading nolo contendere (no contest), I am waiving the rights set out above. I am admitting to the truth of each and every element of the crimes charged. I understand that there will be no trial. I understand that the court will convict me of the charges to which I am pleading nolo contendere (no contest). I also understand that the court may impose the same sentence as if I had entered a plea of "guilty" or "not guilty" and had been convicted by a jury.

8. I have been informed that by entering this plea, the court can impose a sentence of up to ______ years/months imprisonment, in addition to a fine of up to $_______________.

9. I am aware that if I am on parole or probation my conviction in this case may result in that parole or probation being revoked, and I may be sentenced to jail for a period of time in addition to any sentence imposed in this case.

10. No officer or agent of any branch of the government has made any promises to me in exchange for this plea, other than that set out in the plea negotiations. I am not entering this plea under any threat to myself, or to someone close to me.

11. There have been plea negotiations, which bring about this plea, which consist of the following:

____________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________.

12. I fully understand that the court is not bound by any agreements made between the county attorney and my lawyer, concerning the sentence to be imposed in this case. I understand that it is the court's responsibility, and the court's alone, to determine the appropriate sentence in this matter.

Signed in the presence of my lawyer on _________________________, 19__.

_______________________________
Defendant       

_________________________________
Attorney for Defendant

 

CERTIFICATE OF COUNSEL

The undersigned, as lawyer for the defendant charged herein, certifies:

1. I have read to the defendant the allegations in the information/complaint. I have explained to him the elements of each charge, and the possible sentence that could be imposed for conviction of the charges to which he is hereby entering his plea of nolo contendere (no contest).

2. I believe that the defendant is competent to understand these charges, and the consequences of his plea of nolo contendere (no contest), and I believe that he does understand the same.

3. To the best of my knowledge and belief, the statements made by the defendant in the foregoing and attached tender form are true.

4. I have made no promises to the defendant concerning any sentence which the court may impose.

5. I have discussed the contents of this tender form and this accompanying certificate with the defendant, and assisted him in completing the tender form.

_____________________
Date

_______________________________
Attorney for Defendant        

 



IN THE DISTRICT COURT OF ______________ COUNTY, KANSAS

STATE OF KANSAS,

vs

_______________,

Plaintiff,

Case No. ______

Defendant.

 

ORDER ACCEPTING PLEA

Now on this ______ day of _________________, 19__, the court finds that the defendant named above has presented a Tender of Plea of Nolo Contendere (no contest) form, and entered a plea of nolo contendere (no contest) to the charges brought by the State. Having examined the form, the court inquires of the defendant and his attorney in open court. The court informs the defendant of the maximum penalty which may be imposed if the plea is accepted, and that he is waiving certain Constitutional rights by entering his plea, which are specified and explained by the court. The court informs the defendant that he is admitting to the truth of each and all of the essential elements of the charges. Having heard the statements of the defendant and counsel, reviewed the file, and being duly advised in the premises, the court finds:

  1. The defendant enters his plea voluntarily and not under any threat or promise;
  2. The defendant understands the charges, and the plea that he is entering to those charges;
  3. The defendants understand the consequences of the plea that he is entering;
  4. There is a factual basis for the charges to which the defendant is entering his plea.

IT IS THEREFORE ORDERED that the defendant's plea of nolo contendere (no contest) be accepted, and it is hereby accepted, by this court, in accordance with his request.

________________________________
Judge of the District Court

 


ADMINISTRATIVE RULE NO. 20

RE: Panel of Attorneys for Appointment and Fees to be Paid to
Appointed Counsel from the County District Court Fund.

Each court shall establish a panel of attorneys who volunteer to be appointed by the court to represent parties who are eligible for appointed attorney services. Appointments shall be made on a rotating basis, except when a conflict of interest exists or other good cause is shown to the appointing judge. When an attorney volunteers to be on a panel, he shall remain on the panel until he requests to be removed from the panel.

For the appointed attorney services the attorneys shall be compensated as established by administrative order.

In addition, attorneys shall be reimbursed for all necessary out-of-pocket expenses, including telephone toll calls, photocopies at a rate not to exceed twenty-five cents (25) per copy, postage and mileage, which shall be paid at a rate not to exceed that paid by the county.

Each claim for services rendered hereunder shall be submitted on a claim voucher. The voucher shall be accompanied by a timesheet which shall be legible and self-explanatory. All out-of-pocket expenses shall be itemized by type and amount.

The claim voucher shall be examined and approved, or approved as modified, by the presiding judge, and submitted to the clerk of the court. All claim vouchers shall be presented to the judge not later than thirty (30) days after the termination of the case. In criminal cases and traffic cases, a voucher may be presented only after the termination of the case. In all other cases, the vouchers must be presented prior to the end of the calendar year for services performed during that year. Failure to comply herewith may result in denial of compensation for said services.

The allowed fees and out-of-pockets expenses may be reimbursed to the court through collection at the time the court costs are paid, or in misdemeanor cases may be reimbursed to the court as a condition of probation, unless the presiding judge finds that such payment or reimbursement would be an undue hardship to the person for whom the services were rendered.

ADMINISTRATIVE RULE NO. 21

RE: Court Trustee Program - Court Debt and Restitution.

The court trustee is authorized and empowered to pursue all remedies available to collect court debt and restitution as authorized by K.S.A. 1999 Supp. 75-719, and amendments thereto, and agreements entered into between the Kansas Attorney General and the court trustee.

The terms "court debt" and "restitution" are defined as follows:

(a) Court debt is debt owed to the court and includes, but is not limited to, court costs, fines, probation fees, alcohol evaluation fees, court-appointed attorneys' fees, interest and penalties, and other fees and expenses which the court has ordered to be paid.
(Restitution is money ordered by the court to be paid to victims to compensate victims for damage or loss caused by the defendant or juvenile's crime or offense.

By way of enumeration and not by way of limitation, the court trustee shall have the following powers:

(a) To issue summonses, subpoenas and subpoenas duces tecum to obligors, obligees and other witnesses who possess knowledge or books and records relating to enforcement of restitution to appear in the office of the court trustee or before the district court for examination;
(b) To administer oaths and take sworn testimony on the record or by affidavit;
(c) To appoint special process servers as required to carry out the court trustee's responsibilities; and,
(d) To enter into stipulations, acknowledgments and agreements, subject to approval of the court.

The court, court services officers, the community corrections officers and juvenile justice authority officers shall refer cases to the court trustee, if after 60 days from the date court debt and/or restitution is ordered paid by the court, the person is not in compliance with the order or plan for the payment of court debt and/or restitution and at such other times as the court orders. The court may refer cases to other contracting agents approved by the office of the Attorney General.

The cost of collection shall be paid by defendant/respondent as an additional court cost in all criminal, traffic and juvenile offender cases where defendant/respondent fails to pay any amount or amounts ordered by the court and the court utilizes the services of the court trustee as above provided.

The clerk of the court shall receive and disburse payments for court debt and restitution as herein provided; complete and maintain accurate records of all receipts and disbursements; and, furnish to the court trustee in a format agreeable to the court trustee information necessary to perform the duties of the court trustee. All payments shall be made to the clerk of the court. The clerk of the court shall establish a court trustee operations fund to be used for receipting and dispersing court debt and restitution.

When the clerk of the court receives payments on court debt and/or restitution which has been referred to the court trustee for collection, the clerk of the court shall deposit the payment to the court trustee operations fund and disburse the payment to the proper payee. The disbursement to the payee shall be accomplished no later than the fifth (5th) business day after the date the payment is received.

To defray the expenses of operating the court trustee program in all cases referred to the court trustee for collection of court debt and/or restitution, a 30% administrative fee shall be charged on the amounts collected from defendants/respondents for court debt and restitution. The cost of collection shall be paid from the amount collected, but not be deducted from the court debt or restitution owed by defendant/respondent. All such amounts collected shall be withheld from payments made through the clerk of the court and shall be paid to the court trustee operations fund of the county where collected. Any payments submitted to the clerk of the court in the form of checks, drafts or other negotiable instruments, may be endorsed by the clerk of the court for deposit to the court trustee operations fund and deposited to the fund.

Payments shall be applied first to restitution, if any, and then to court debt, unless otherwise required by statute, court rule or order of the court. The clerk of the court shall deduct the fee and disburse the net amount to the payee as provided by K.S.A. 1999 Supp. 75-719.

ADMINISTRATIVE ORDER NO. 22

RE: Petition for Expungement.

Upon filing a petition for expungement under the Kansas Criminal Code or the Juvenile Offenders Code, petitioner's attorney shall obtain a date and time for hearing from the court and thereafter provide timely written notice to the county attorney.

Upon the request of the county attorney, the attorney for petitioner shall submit to the presiding judge a proposed order for referral and investigation by the Court Services Office. Copies of the proposed order shall be provided to the county attorney and Court Services Office by petitioner.

Petitioner shall be personally present at the expungement hearing unless excused by the court.

Petitioner's attorney shall prepare an appropriate order of expungement and provide the clerk of the court with adequate copies for mailing to law enforcement agencies.

ADMINISTRATIVE RULE NO. 23

RE: Court Operated Bond Program.

This administrative rule which shall become effective February 1, 1998, establishes procedures and qualifications for release of accused persons from custody in situations other than upon a specific order from a judge of the district court.

1. Court services officers, deputy sheriffs and corrections officers who are sworn to their oaths as deputy clerks of the district court are authorized to permit persons in custody to post bail bonds and be admitted to bail in accordance with the provisions of this administrative rule.

2. The attached Automatic Bond Schedule ("ABS") sets forth the approved amounts for bail bonds for certain offenses. For other offenses where no bond is set, the accused person shall be brought before a judge of the district court as soon as the court is available to have a bond set. A judge of the district court shall be contacted within 48 hours if an accused person is in custody and no bond has been set.

3. Notwithstanding the ABS, persons in custody with any of the following conditions are not eligible for an ABS bond and shall be brought before a judge of the district court to have bond set:

(a) Has had a prior bond forfeiture;
(b) Has been extradited or is awaiting extradition to another state;
(c) Has a detainer or hold from another state or federal authorities;
(d) Has a prior conviction of a felony classified as A, B or C or Levels 1 through 5, inclusive; or,
(e) Has been detained for a violation of probation.
(f) If a court services officer, deputy sheriff or corrections officer sworn as a deputy clerk of the district court believes in good faith that the accused may flee or poses a danger to public safety, the setting of a bond shall be referred to a judge of the district court.

4. . On bonds requiring a bond amount of $1,000 or less, residents of the Twelfth Judicial District who are eligible for bond under the ABS may be released on the person's own recognizance bond ("OR") if they meet one of the following criteria:

(a) Own real estate located in the state of Kansas; or,
(b) Any two of the following five:
i) Is a resident of the Twelfth Judicial District and has been for more than 6 months;
ii) Has a valid Kansas driver's license;
iii) Is employed in the Twelfth Judicial District and has been for more than 3 months;
iv) Has a current telephone service in his/her name;
v) Is enrolled as a student in the state of Kansas; or,
(c) Is on active duty in the military and stationed at a military base in the state of Kansas.

All facts shall be determined based upon a sworn statement made under penalty of perjury by the accused person or the accused person's private surety. Court services officers, deputy sheriffs and corrections officers who are sworn as deputy clerks of the district court are authorized to require further verification of any information as they deem appropriate before permitting a person in custody to post bond. Victims named in an arrest report cannot act as a private surety on a bond.

5. On bonds requiring a bond amount of $1,000 or less, residents of the Twelfth Judicial District who are eligible for bond under the ABS, but not meeting the criteria of paragraph 4., may be released on bond with a private surety if the surety completes a sworn statement and qualifies under both (a) and (b) of paragraph 4.

6. On bonds requiring a bond amount of less than $1,000, residents of the Twelfth Judicial District who are eligible for OR-cash deposit bond under the ABS may be released by posting a personal recognizance cash deposit bond ("OR-cash deposit bond"). On bonds requiring a bond amount of more than $1,000 and up to $2,500, residents of the Twelfth Judicial District who are eligible for bond under the ABS, may be released by posting an OR-cash deposit bond and meeting one of the criteria set forth in paragraph 4., sections (a), (b) or (c). A resident of the Twelfth Judicial District who is eligible for release under the ABS, but not meeting the criteria of paragraph 4. may be released by posting an OR-cash deposit bond and obtaining a private surety who qualifies under both items (a) and (b) of paragraph 4.

7. A person may be admitted to bail on an OR-cash deposit bond who meets the criteria set forth in this administrative rule or upon special screening and recommendation of a person authorized to permit posting of a bond in accordance with this administrative rule. Any person determined eligible to be admitted to bail on an OR-cash deposit bond shall deposit with the clerk of the district court cash equal to 10 percent of the amount of the bond and execute a bond in the total amount of the bond. All other conditions of the bond set by the court and this administrative rule must be satisfied.

8. When an accused person qualifies for an OR-cash deposit bond, the cash deposit shall be held by the clerk of the district court until such time as the accused person has fully performed all conditions of the bond and is discharged from the person's obligation by the court. A cash receipt shall be issued by the clerk of the court to the accused person. When an accused person has been so discharged, 90% of the cash deposit shall be returned to the accused person upon surrender of the cash deposit receipt previously issued by the clerk of the district court. Ten percent of the cash deposit shall be retained by the clerk of the district court as an administrative fee. Cash deposit bond funds shall be paid to the general fund of the county from which the bond originated.

9. . A cash receipt for an OR-cash deposit bond shall be issued only to the accused person being released on bond. Any person posting cash for another person shall be informed that any cash posted as a bond becomes the property of the accused person and may be subject to forfeiture and applied to the payment of fines, court costs (including attorneys' fees), fees and restitution, and will be refunded only to the accused person. Any arrangement to furnish bond money to or for the accused person is a matter between the lender and the accused person.

10. When an accused person who has posted an OR-cash deposit bond is discharged from the person's obligation to the court and files the receipt for the cash deposit with the clerk of the district court, the refundable portion of the cash deposit may be applied upon order of the court to the payment of fines, court costs (including attorneys' fees), fees and restitution.

11. All OR-cash deposit bonds issued in the Twelfth Judicial District shall be subject to forfeiture and the amount deposited shall become the absolute and permanent property of the district court or county where the bond originated should one or more of the following occur:

(a) The accused person or surety makes a false statement or representation regarding the criteria for an OR-cash deposit bond as set forth in paragraphs 3. through 6., inclusive, above;
(b) The accused person fails to appear in court pursuant to a court order at any stage of the proceedings upon due notice thereof;
(c) The accused person fails to report as directed to a court services officer; or,
(d) The accused person fails to perform any other condition of bond imposed by the court.

12. All persons admitted to bail on OR or OR-cash deposit bond shall be required to report as directed to a court services officer.

13. Other special conditions may also be imposed by the court as a requirement of release on OR or OR-cash deposit bonds.

All private or professional surety bonds in the Twelfth Judicial District shall have as a condition that the surety shall agree to remain liable on any bond until all proceedings arising out of the arrest or case for which the bond was posted are concluded and the surety is released by court order. No surety shall be released on a bond obligation without court approval. Any interested party, including a surety or an accused person arrested and turned in on a bond by a surety, may file a motion with the court for a determination of whether the bond should be revoked or continued in force.

15. Bonds designated as OR-cash, cash or professional surety shall be written only on terms and conditions as are specified by a judge of the district court. An accused person upon request may be released on a professional surety bond when a cash or an OR-cash deposit bond has been specified.

16. This administrative rule shall not limit or restrict the right of any person to seek or obtain pretrial release under statutory methods of admitting accused persons to bail or the authority of a judge of the district court to determine bail. The participation of an accused person in this release program is voluntary.

17. This rule shall not apply to civil bench warrants.

18. Definitions:

((a) The term "accused person" as used in this administrative rule means a person in custody by reason of an arrest report or a defendant in a criminal, driving under the influence of drugs or alcohol, traffic misdemeanor or traffic offense case.
(b) The term "bond" as used in this rule means a bail bond.
(c) The term "cash" as used in this rule means United States currency, a money order, a bank draft, a cashier's check or certified check drawn on a commercial banking or savings and loan institution.
(d) The term "court" as used in this rule refers to the district courts of the Twelfth Judicial District, viz: Cloud, Jewell, Lincoln, Mitchell, Republic and Washington Counties.

ADMINISTRATIVE RULE NO. 24

RE: Case Assignment in Certain Juvenile Offender Cases.

Upon the filing by the county attorney of a motion for adult prosecution or extended juvenile jurisdiction, the case shall be assigned to the district judge if the primary offense charged is or would be an off-grid offense, a severity level 1 through 5, inclusive, non-drug offense or a severity level 1 through 3, inclusive, drug offense. The case shall be assigned to the district magistrate judge if the charge is or would be a severity level 6 through 9, inclusive, non-drug offense, a severity level 4 drug offense, an unscheduled felony, a misdemeanor or other offense.

Upon motion of the respondent for a jury trial, the case shall be referred to the chief judge for assignment for trial.

Upon motion of the county attorney or the respondent the chief judge may assign a case which otherwise would be assigned to the district magistrate judge to the district judge pursuant to K.S.A. 20-302b(d) and -329.


CERTIFICATE OF SERVICE

TWELFTH JUDICIAL DISTRICT
OF THE STATE OF KANSAS
ADOPTION OF RULES
AND
CERTIFICATE OF SERVICE

The foregoing Administrative Rules are adopted pursuant to the authority of Supreme Court Rule No. 105, in chambers at Concordia, Kansas, and a copy hereof mailed to the Clerk of the Supreme Court of Kansas on this date.

Dated: March 22, 2004.

  _______________________________
Thomas M. Tuggle
Chief Judge

ADMINISTRATIVE RULE NO. 25

RE: Court Appointed Special Advocate (CASA) Reports.

In all children in need of care (CINC) and juvenile offender (JO) cases to which a CASA is assigned, the CASA program director shall distribute copies of CASA reports to counsel of record, guardians ad litem and the Department of Social and Rehabilitation Services (SRS). The court shall make available to counsel of record, guardians ad litem and SRS all other reports submitted to the court for consideration in such CINC and JO cases, and allow counsel a reasonable time to review the reports before the hearing or other proceeding. No CASA reports shall be disclosed to any other entity, person party, including the parents of respondent minor children, without the prior express approval of the presiding judge.

The foregoing Administrative Rule is adopted pursuant to the authority of Supreme Court Rule No. 105, in chambers at Concordia, Kansas, and a copy thereof mailed to the Clerk of the Supreme Court of Kansas on this 28th day of September, 2004.

   _______________________________
Thomas M. Tuggle
Chief Judge

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Updated: September 30, 2004