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TOPEKAToday, Chief Justice Marla Luckert signed an administrative order certifying new judge posts in 13 judicial districts.
 
This is the first time since 2008 new judge posts have been certified in any Kansas district court.
 
"We continue to evaluate case filings and judge workloads to verify we are able to meet the case processing needs of our communities," Luckert said. "This year, when we reported a persistent and growing need for more judges, the Legislature approved our request for funding. We are grateful for their support." 
 
Administrative Order 2022-JA-020
 
Administrative Order 2022-JA-020 certifies 14 new district judge divisions and nine new district magistrate judge positions. The posts depend on funding in 2022 House Substitute for Substitute for Senate Bill 267, which is enrolled and awaiting the governor’s signature. The court system anticipates this funding provision to become law.
 
New posts fill growing needs
 
The National Center for State Courts conducted a weighted workload study for Kansas judges in 2020 to determine how many judges are needed to process the number and types of cases typically filed in Kansas courts.
 
The workload study measured actual work time to process cases. A concurrent survey assessed the extent to which judges have adequate time to perform their duties in a timely and high-quality manner. 
 
Posts are divisions, positions
 
State law identifies district judge posts as divisions and district magistrate judge posts as positions. Posts certified by the administrative order become effective this summer as set out in state law.
 
Judicial districts to get new divisions, positions
 
New judge posts are assigned to the following districts, and they will be filled according to provisions in K.S.A. 20-355 and other relevant statutes.

  • 1st Judicial District: One district judge division.

  • 3rd Judicial District: Two district magistrate judge positions in Shawnee County.

  • 4th Judicial District: One district magistrate judge position in Coffey County.

  • 6th Judicial District: Two district judge divisions.

  • 7th Judicial District: One district judge division.

  • 9th Judicial District: One district judge division, and one district magistrate judge position in Harvey County.

  • 10th Judicial District: Three district judge divisions.

  • 11th Judicial District: One district magistrate judge position in Crawford County.

  • 14th Judicial District: One district judge division.

  • 18th Judicial District: Two district judge divisions, and one district magistrate judge position.

  • 19th Judicial District: One district magistrate judge position.

  • 28th Judicial District: Two district judge divisions, and one district magistrate judge position in Saline County.

  • 31st Judicial District: One district judge division, and one district magistrate judge position in Neosho County.

State law requires persons who fill district judge divisions to live within the judicial district. District magistrate judge positions are assigned to counties for residency requirements.
 
Five of the districts listed are composed of one county: 3rd, Shawnee County;  7th, Douglas County; 10th, Johnson County; 18th, Sedgwick County; and 19th, Cowley County. The remaining are multicounty districts.
 
A list of all judicial districts and the counties assigned to them are on the judicial branch website at www.kscourts.org/About-the-Courts/District-Courts.
 
Filling posts in districts that elect judges
 
Newly certified district judge divisions and district magistrate judge positions in districts that elect judges will be filled according to provisions in state statute.

New district judge divisions and district magistrate judge positions in the 14th, 18th, and 19th judicial districts will be selected by election. Parties who win their elections will take office the second Monday in January.

Electees will serve four-year terms.

Filling posts in merit-selection districts
 
Newly certified district judge divisions in districts that have approved nonpartisan selection will be filled through a merit-based nomination process. A nominating commission evaluates candidates and submits the names of three to five nominees to the governor. The governor then decides whom to appoint.
 
New district magistrate judge positions in nonpartisan selection districts will also be filled through the merit-based nomination process. The nominating commission is authorized to decide whom to appoint to fill a district magistrate judge position after evaluating candidates.
 
After serving one full year in office, district judges and district magistrate judges appointed through the merit-based selection process must place their names on the retention ballot in the next general election to remain in the position. If voters retain them, they serve four-year terms.
 
The nominating commission for a district allocated a new judge will announce the application and interview schedule for each position. Interviews are open to the public.
 
Judicial district nominating commissions are made up of lawyers and nonlawyers who live in the judicial district. Lawyer members are elected by fellow lawyers in that district, while nonlawyer members are appointed by local county commissions. A Supreme Court justice is assigned to each commission as a nonvoting chair.
 
Eligibility requirements
 
State statute requires district judges to be: 

  • at least 30 years old; and

  • a lawyer admitted to practice in Kansas and engaged in the practice of law for at least five years, whether as a lawyer, judge, or full-time teacher at an accredited law school.

Other requirements are that the person live in the judicial district at the time of taking office and while holding office. For some posts, a person may be required to live in a particular county within a district.
 
State statute requires district magistrate judges to be: 

  • a graduate of a high school, a secondary school, or the equivalent;

  • either a lawyer admitted to practice in Kansas or able to pass an examination given by the Supreme Court to become certified within 18 months; and

  • a resident of the county at the time of taking office and while holding office. 

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