Session of 2000
Senate Concurrent Resolution No. 1642
By Special Committee on Judiciary

  9             A  PROPOSITION to amend section 6 of article 3 of the constitution of
10             the state of Kansas, relating to nonpartisan selection of district judges.
12       Be it resolved by the Legislature of the State of Kansas, two-thirds of the
13             members elected (or appointed) and qualified to the Senate and two-
14             thirds of the members elected (or appointed) and qualified to the House
15             of Representatives concurring therein:
16                   Section  1. The following proposition to amend the constitution of the
17       state of Kansas shall be submitted to the qualified electors of the state
18       for their approval or rejection: Section 6 of article 3 of the constitution
19       of the state of Kansas is hereby amended to read as follows:
20             "§  6. District courts. (a) The state shall be divided into judicial
21             districts as provided by law. Each judicial district shall have at least
22             one district judge. The term of office of each judge of the district
23             court shall be four years. District court shall be held at such times
24             and places as may be provided by law. The district judges shall be
25             elected by the electors of the respective judicial districts unless the
26             electors of a judicial district have adopted and not subsequently
27             rejected a method of nonpartisan selection. The legislature shall
28             provide a method of for the nonpartisan selection of district judges
29             and for the manner of submission and resubmission thereof to the
30             electors of a judicial district. A nonpartisan method of selection of
31             district judges may be adopted, and once adopted may be rejected,
32             only by a majority of electors of a judicial district voting on the
33             question at an election in which the proposition is submitted.
34             Whenever a vacancy occurs in the office of district judge, it shall
35             be filled by appointment by the governor until the next general
36             election that occurs more than thirty days after such vacancy, or as
37             may be provided by such nonpartisan method of selection.
38                   (b) The district courts shall have such jurisdiction in their re-
39             spective districts as may be provided by law.
40                   (c) The legislature shall provide for clerks of the district courts.
41                   (d) Provision may be made by law for judges pro tem of the
42             district court.
43                   (e) The supreme court or any justice thereof shall have the


  1             power to assign judges of district courts temporarily to other
  2             districts.
  3                   (f) The supreme court may assign a district judge to serve tem-
  4             porarily on the supreme court.
  5                   (g) The supreme court shall establish by court rules a commis-
  6             sion for evaluating judicial performance. The rules shall include
  7             written performance standards and performance reviews which sur-
  8             vey opinions of persons who have knowledge of the judge's perform-
  9             ance. The public shall be afforded a full and fair opportunity for
10             participation in the evaluation process through public hearings, dis-
11             semination of evaluation reports to voters and any other methods
12             as the court deems advisable."
13             Sec.  2. The following statement shall be printed on the ballot with
14       the amendment as a whole:
15             "Explanatory statement. The purpose of this amendment is to pro-
16                   vide for the nonpartisan selection of all district judges. It removes
17                   the provision relating to election of district judges. The propo-
18                   sition requires the supreme court to establish a commission for
19                   evaluating judicial performance and that the public be afforded
20                   an opportunity for participation in the evaluation process.
21                   "A vote for this proposition would eliminate the election of district
22                   judges and provide for the nonpartisan selection of all district
23                   judges. The supreme court would be required to establish a com-
24                   mission for evaluating judicial performance with participation by
25                   the public in the evaluation process.
26                   "A vote against this proposition would continue in effect the current
27                   law which provides for the election of district judges, except
28                   where a nonpartisan selection of district judges has been
29                   adopted."
30                   Sec.  3. This resolution, if approved by two-thirds of the members
31       elected (or appointed) and qualified to the Senate, and two-thirds of the
32       members elected (or appointed) and qualified to the House of Repre-
33       sentatives shall be entered on the journals, together with the yeas and
34       nays. The secretary of state shall cause this resolution to be published as
35       provided by law and shall cause the proposed amendment to be submitted
36       to the electors of the state at the general election in April in the year
37       2000 unless a special election is called at a sooner date by concurrent
38       resolution of the legislature, in which case it shall be submitted to the
39       electors of the state at the special election.