Session of 1999
HOUSE BILL No. 2449
By Committee on Judiciary
9 AN ACT concerning district courts; relating to the authority of judges
10 pro tem; amending K.S.A. 20-310a and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 20-310a is hereby amended to read as follows: 20-
14 310a. (a) Upon the application of the administrative judge of a judicial
15 district to the departmental justice of that district, for good cause shown,
16 or in the absence, sickness or disability of a district judge or district mag-
17 istrate judge in any judicial district, a judge pro tem may be appointed
18 whenever the departmental justice for such judicial district has not as-
19 signed a district judge from another judicial district, as provided in K.S.A.
20 20-319, and amendments thereto.
21 (b) Any judge pro tem appointed pursuant to this section shall be a
22 regularly admitted member of the bar of this state. The appointment of
23 any such judge pro tem shall be made by the administrative judge or, in
24 the absence of the administrative judge, by the departmental justice for
25 the judicial district.
26 (c) Any judge pro tem appointed pursuant to this section shall have
27 the full power and authority of a district judge with respect to any actions
28 or proceedings before such judge pro tem, except that any judge pro tem
29 appointed pursuant to subsection (d) or (e) shall have only such power
30 and authority as provided therein. A judge pro tem shall receive such
31 compensation as is prescribed by the district court, subject to the budget
32 limitations of such district court.
33 (d) Subject to the budget limitations of the district court, the admin-
34 istrative judge of any judicial district may appoint one or more judges pro
35 tem for the limited purpose of hearing the original trials of actions filed
36 pursuant to the small claims procedures act or other action within the
37 jurisdiction of a district magistrate judge as provided in K.S.A. 20-302b,
38 and amendments thereto. Any such judge pro tem shall have only such
39 judicial power and authority as is necessary to hear such actions. Any party
40 aggrieved by any order of a judge pro tem under this subsection may
41 appeal such order and such appeal shall be heard by a district judge de
42 novo. If the appeal is a small claims action, the appeal shall be under
43 K.S.A. 61-2709, and amendments thereto. If the appeal is an action within
44 the jurisdiction of a district magistrate judge, the appeal shall be under
45 K.S.A. 20-302b, and amendments thereto.
46 (e) Subject to the budget limitations of the district court, the admin-
47 istrative judge of any judicial district in which the board of county com-
48 missioners is authorized to use the code for the enforcement of county
49 codes and resolutions as provided in subsection (b) of K.S.A. 19-101d,
50 and amendments thereto, may appoint one or more judges pro tem for
51 the limited purpose of hearing such cases. Any such judge pro tem shall
52 have only such power and authority as is necessary to hear such actions,
53 and shall have the power to compel appearances before the court, to hold
54 persons in contempt for failure to appear, to order abatements of nui-
55 sances resulting from a person's failure to comply with county codes or
56 resolutions and to order such costs of abatement to be assessed against
57 the parcel of property on which the nuisance was located, and to issue
58 bench warrants for appearances. Such judge pro tem shall receive the
59 salary and other compensation set by resolution of the board of county
60 commissioners which shall be paid from the revenues of the county gen-
61 eral fund or other fund established for the purpose of financing code
63 (f) The administrative judge of each judicial district shall report to
64 the judicial administrator of the courts: (1) The dates on which any judge
65 pro tem served in such district, (2) the compensation paid to any judge
66 pro tem, and (3) such other information as the judicial administrator may
67 request with regard to the appointment of judges pro tem. The reports
68 shall be submitted annually on or before January 15 on forms provided
69 by the judicial administrator.
70 Sec. 2. K.S.A. 20-310a is hereby repealed.
71 Sec. 3. This act shall take effect and be in force from and after its
72 publication in the statute book.