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§ 1. Judicial power; seals; rules. The judicial power of this state shall be vested exclusively in one court of justice, which shall be divided into one supreme court, district courts, and such other courts as are provided by law; and all courts of record shall have a seal. The supreme court shall have general administrative authority over all courts in this state.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 54; L. 1972, ch. 392, § 1; November 7, 1972.

Law Review and Bar Journal References:

Procedure by court rules, Spencer A. Gard, 5 K.L.R. 42, 46, 47 (1956).

Inferior statutory courts of Kansas, 7 K.L.R. 65, 66, 67 (1958).

Quoted, in part, in article concerning district court rules, D. Keith Anderson, 6 W.L.J. 113, 117 (1966).

Court Unification: Judicial Reform Revisited, Part III, Robert A. Coldsnow, 45 J.B.A.K. 117, 118 (1976).

Judicial review of administrative decisions, 17 W.L.J. 312, 323 (1978).

The New Kansas DUI Law: Constitutional Issues and Practical Problems, Gerard Little, Jr., 22 W.L.J. 340, 354 (1983).

Motions to Disqualify Opposing Counsel, Mark F. Anderson, 30 W.L.J. 238, 240 (1991).

Limitations on Employment or Use of Suspended and Disbarred Lawyers in Kansas, Eugene T. Hackler and Michael S. Lerner, J.K.T.L.A. Vol. 16, No. 2, 19 (1992).

Selection to the Kansas Supreme Court, Stephen J. Ware, 17 Kan. J.L. & Pub. Pol'y, No. 3, 386 (2008).

Griffin Albaugh & Sarah Schmitz, The Constitutional Caseor-Controversy Requirement: Expanding Rights to Interlocutory Appeals Under K.S.A. 60-2102(a)(3), 72 U. Kan. L. Rev. 611 (2024).

Attorney General's Opinions:

Employment security law; representation of parties; unauthorized practice of law. 79-298.

Fire protection; exercise of home rule authority to raise revenue for salaries of fire fighters. 80-89.

Election expenses of candidates and organizations; reporting of receipts and expenditures by certain organizations. 81-5.

Criminal procedure; aid to indigent defendants; board of supervisors; rules and regulations. 81-260.

Office hours of the district court. 86-21.

Clerk of district court; exemption from limitations imposed by county home rule powers. 86-55.

Municipal judge; appointment; qualifications. 89-71.

Governor's executive powers; judicial powers; community correctional services; parole; probation. 91-161.

General powers of boards of education; financial advisors; legal services. 93-27.

State board of technical professions' definitions; land surveying; scope. 93-57.

Omnibus appropriation act; sentencing guidelines act; unconstitutional delegation of authority. 93-114.

Expenditures for operation of district court; not subject to county purchasing policy. 96-4.

Workers compensation; attorney fees; separation of powers. 96-30.

District courts in Johnson and Sedgwick county; purchase of supplies through county purchasing officer; constitutionality; exercise of county home rule. 96-40.

Administrative procedures for collection of child support; separation of powers doctrine considered. 97-39.

Judicial Council employee is not "state officer or employee" for purposes of 46-221 (governmental ethics law). 2002-3.

Kansas Supreme Court has inherent authority to impose surcharge on certain court costs and fees. 2002-17.

Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37.

CASE ANNOTATIONS

1. Courts of appeals, quo warranto, concurrent jurisdiction with supreme court. The State, ex rel., v. Kelly, 2 Kan. App. 178, 179, 184, 43 P. 299.

2. Mayor sitting as justice of the peace, tribunal is a court. Malone v. Muphy, 2 Kan. 250, 260.

3. Courts for trial of contested elections authorized by the constitution. Steele v. Martin, 6 Kan. 430, 436.

4. Valuation of property for taxation not exercise of judicial power. Auditor of State v. A.T. & S.F. Railroad Co., 6 Kan. 500.

5. Whether judicial power may be conferred on city council discussed. Anthony v. Halderman, 7 Kan. 50, 64.

6. Power of supreme court to make rules governing appeals discussed. Coleman v. Newby, 7 Kan. 82, 87.

7. Board of appraisers and assessors does not exercise judicial powers. Amrine and Russell v. K.P.R.R. Co., 7 Kan. 178, 183.

8. Mayor sitting as police judge is judicial office and court. Prell v. McDonald, 7 Kan. 426, 447.

9. Summons issued without seal from district court is void. Dexter v. Cochran, 17 Kan. 447, 450.

10. Exclusive jurisdiction of justice court considered. Evans and Nelson v. Adams, 21 Kan. 119, 122.

11. Supreme court can exercise only judicial and power incident thereto. Wilson v. Price-Raid Aud. Com., 31 Kan. 257, 258, 1 P. 587.

12. Courts provided by constitution and provided by law, two classes. Matthews v. Comm'rs of Shawnee Co., 34 Kan. 606, 607, 610, 9 P. 765.

13. Supreme court may protect its jurisdiction, process, orders, judgments, etc. C.K.&W. Rld. Co. v. Comm'rs of Chase Co., 42 Kan. 223, 224, 21 P. 1071.

14. Right to institute proceedings in error in supreme court. L.N. & S. Rly. Co. v. Herley, 45 Kan. 535, 540, 26 P. 23.

15. Proper place and functions of judiciary discussed. (Dissenting opinion.) In re Gunn, Petitioner, 50 Kan. 155, 220, 32 P. 470.

16. County attorney cannot commit, for contempt witness refusing to testify. In re Sims, Petitioner, 54 Kan. 1, 5, 11, 37 P. 135.

17. Notary public cannot commit, for contempt, witness refusing to testify. In re Huron, 58 Kan. 152, 154, 48 P. 574.

18. Legislature had power to create circuit court of Shawnee county. Morris v. Bunyan, 58 Kan. 210, 212, 48 P. 864.

19. Investigating committee cannot imprison witness for refusal to testify. In re Davis, 58 Kan. 368, 374, 377, 49 P. 160.

20. Authentication is mandatory; order of sale without seal is void. Gordon v. Bodwell, 59 Kan. 51, 62, 51 P. 906.

21. Court of Topeka lawfully created under provisions of this section. Chesney v. McClintock, 61 Kan. 94, 99, 58 P. 993.

22. Court of visitation combined legislative, executive and judicial functions, unconstitutional. The State v. Johnson, 61 Kan. 803, 811, 812, 60 P. 1068. Questioned: State, ex rel., v. Howat, 107 Kan. 423, 191 P. 585.

23. Act legalizing warrants issued for gopher scalps encroachment upon judicial power. Felix v. Wallace County, 62 Kan. 832, 62 P. 667.

24. Adding territory to city; judicial finding not encroachment on Legislature. Eskridge v. Emporia, 63 Kan. 368, 65 P. 694.

25. Bills of lading, conclusive-evidence act, encroachment on judicial power. Railway Co. v. Simonson, 64 Kan. 802, 68 P. 653.

26. State board of medical registration and examination not judicial tribunal. Meffert v. Medical Board, 66 Kan. 710, 72 P. 247. Affirmed: W.M. Meffert v. E.B. Packer et al., 195 U.S. 625, 25 S. Ct. 790, 49 L.Ed. 350.

27. Rule when seal omitted does not apply to clerk's signature. Aultman v. Wier, 67 Kan. 674, 675, 74 P. 227.

28. Indeterminate-sentence act not infringement upon judicial power. The State v. Stephenson, 69 Kan. 405, 406, 409, 76 P. 905.

29. Probate court, judicial tribunal, may commit girls to industrial school. In re Gassaway, 70 Kan. 695, 696, 79 P. 113.

30. Original and appellate jurisdiction in disbarment proceedings discussed. In re Burnette, 73 Kan. 609, 616, 85 P. 575.

31. Uniform-assessments act not infringement upon judicial power. Trust Co. v. Davis, 76 Kan. 639, 642, 92 P. 707.

32. Assessment of property for taxation is not judicial function. Silven v. Osage County, 76 Kan. 687, 92 P. 604.

33. Section does not authorize creation of court by special act. The State v. Nation, 78 Kan. 394, 399, 96 P. 659.

34. Police judge not repository of judicial power under this section. The State v. Keener, 78 Kan. 649, 653, 97 P. 860.

35. Constitution does not prohibit more than one judge in district. The State v. Hutchings, 79 Kan. 191, 199, 98 P. 797.

36. Notice in disbarment not process within meaning of this section. In re Wilson, 79 Kan. 450, 452, 100 P. 75.

37. Legislative declaration of truth of facts, infringement upon judicial power. Petersilie v. McLachlin, 80 Kan. 176, 101 P. 1014.

38. Conferring power on county boards to extend corporate limits constitutional. Nash v. Glen Elder, 81 Kan. 446, 451, 106 P. 292.

39. Statute authorizing declaratory judgments constitutional. The State, ex rel., v. Grove, 109 Kan. 619, 201 P. 82.

40. Discretion to determine whether one system of municipal transportation or another is desirable, belongs in the legislative field and courts may not enter. Decker v. City of Wichita, 109 Kan. 796, 800, 202 P. 89.

41. Act granting judicial power to county commissioners in incorporating city upheld. Town of Olsburg v. Pottawatomie County, 113 Kan. 501, 502, 215 P. 451.

42. Section considered in determining authority of probate judge pro tem to solemnize marriages. State, ex rel., v. Anderson, 114 Kan. 297, 217 P. 327.

43. Court will not determine a constitutional question in a case which has become moot. Clewell v. School District, 115 Kan. 176, 222 P. 74.

44. Section cited in determining validity of act delegating legislative authority to judiciary. Ruland v. City of Augusta, 120 Kan. 42, 49, 242 P. 456; State, ex rel., v. Drainage District, 123 Kan. 191, 254 P. 372.

45. Power of Legislature to establish inferior courts cannot be exercised by special law. Howard v. McIntosh, 118 Kan. 591, 235 P. 1034.

46. Statute (21-2132) not unconstitutional as delegating to courts legislative powers. State v. Richardson, 128 Kan. 627, 631, 278 P. 752.

47. Act creating city courts held constitutional. State, ex rel., v. Smith, 130 Kan. 228, 234, 285 P. 542.

48. Conservancy court composed of judges of several districts void. Verdigris Conservancy District v. Objectors, 131 Kan. 214, 217, 289 P. 966.

49. Determination of need of city court by city not delegation of legislative power. Brown v. Arkansas City, 135 Kan. 453, 455, 11 P.2d 607.

50. Reparation act not unconstitutional as delegation of judicial power. State, ex rel., v. Public Service Comm., 135 Kan. 491, 494, 11 P.2d 999.

51. Cited in holding Legislature may dispense with biennial city election. Murray v. Payne, 137 Kan. 685, 691, 21 P.2d 333.

52. Section mentioned but not applied. Farmers Coop. G. & S. Co. v. Chicago, R.I. & P. Rly. Co., 139 Kan. 677, 680, 33 P.2d 170.

53. Courts cannot be required or permitted to exercise any power or function except those of a judicial nature; power to tax is not in any sense judicial. Union Pac. Rld. Co. v. State Tax Comm., 145 Kan. 715, 728, 68 P.2d 1.

54. Cited in discussing supreme court's jurisdiction in contested election appeal. (Dissenting opinion.) Campbell v. Ramsey, 150 Kan. 368, 392, 92 P.2d 819.

55. State tax commission's order apportioning mortgage registration fee between counties valid. Shawnee County Comm'rs v. Wright, 153 Kan. 19, 20, 34, 109 P.2d 184.

56. Discussed in holding city court act for Kansas City valid. Powers v. Thorn, 155 Kan. 758, 770, 772, 129 P.2d 254.

57. Limited equitable powers conferred on probate court are constitutional. In re Estate of Hoover, 156 Kan. 31, 39, 131 P.2d 917.

58. Laws 1943, ch. 101 (K.S.A. 13-1088, 13-1088a) attempting to construe prior statute invalid. Wyandotte County Comm'rs v. General Securities Corp., 157 Kan. 64, 75, 138 P.2d 479.

59. Legislature, not county commissioners, created county courts; right to abolish. Russell State Bank v. Steinle, 159 Kan. 293, 297, 153 P.2d 906.

60. Cited; police courts ordinarily have jurisdiction over criminal matters only. State v. Hannigan, 161 Kan. 492, 499, 170 P.2d 138.

61. Mentioned; Legislature at budget session has no power to appoint interim investigating committee. State, ex rel., v. Anderson, 180 Kan. 120, 126, 299 P.2d 1078.

62. Separation of powers theory discussed in holding state finance council law valid. State, ex rel., v. Fadely, 180 Kan. 652, 670, 671, 686, 308 P.2d 537.

63. Constitutional officers duty bound to comply fully with limitations of constitution. State, ex rel., v. Shanahan, 183 Kan. 464, 468, 327 P.2d 1042.

64. County court's return of criminal proceedings to district court on appeal not "process." State v. Barry, 183 Kan. 792, 794, 332 P.2d 549.

65. Separation of powers doctrine inherent in Kansas Constitution; legislators cannot hold executive offices. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 567, 574, 345 P.2d 674.

66. Attorney general properly superseded county attorney by intervening in original supreme court action. State, ex rel., v. City of Kansas City, 186 Kan. 190, 193, 350 P.2d 37. Certiorari denied: 363 U.S. 831, 80 S. Ct. 1598, 4 L.Ed.2d 1525.

67. Mental hospital superintendent's order discharging patient as restored to capacity not judicial act; restoration statutes valid. In re Estate of Diebolt, 187 Kan. 2, 3, 11, 15, 353 P.2d 803.

68. Supreme court has inherent power to regulate admissions to bar and practice of law; police power may be exercised by courts. Martin v. Davis, 187 Kan. 473, 478, 357 P.2d 782. Dismissed: 368 U.S. 25, 82 S. Ct. 1, 7 L.Ed.2d 5.

69. One justice disqualified to participate in case; others equally divided; case affirmed. Scott v. Harber, 187 Kan. 542, 543, 358 P.2d 723.

70. What constitutes a suit against the state within the meaning of the 11th Amendment of the United States Constitution is construed; distribution of powers doctrine discussed; court of visitation act held unconstitutional. Western Union Tel. Co. v. Myatt, 98 F. 335, 347, 353, 360.

71. Only constitutional argument considered is one urged with that vigor and reliance which characterizes its presentation to a court of justice as a matter of large importance. German Alliance Ins. Co. v. Barnes, 189 F. 769, 772. Affirmed: 233 U.S. 389, 34 S. Ct. 612, 58 L.Ed. 1011.

72. Reasonableness of failure to submit to blood test judicial determination; no violation of separation of powers. Lira v. Billings, 196 Kan. 726, 414 P.2d 13.

73. Safety responsibility act (K.S.A. 8-722 et seq.), does not delegate judicial function to administrative officer. State v. Finley, 198 Kan. 585, 426 P.2d 251. Judgment vacated: 199 Kan. 615, 433 P.2d 414.

74. Cited in case holding remedy in inverse condemnation actions is properly with the courts. Sanders v. State Highway Commission, 211 Kan. 776, 788, 508 P.2d 981.

75. Referred to in proceeding for disobedience of order suspending an attorney from practice; indefinite suspension ordered. State v. Schumacher, 214 Kan. 1, 9, 519 P.2d 1116.

76. Methods of removal of magistrate judge, both statutory and constitutional, cumulative; censure ordered. In re Rome, 218 Kan. 198, 202, 542 P.2d 676.

77. Finding by court that it had jurisdiction in accounting proceedings to determine interest of deceased life tenant of trust upheld. Jennings v. Speaker, Executrix, 1 Kan. App. 2d 610, 614, 571 P.2d 358.

78. K.S.A. 20-337 held constitutional; order declaring office of magistrate judge vacant upheld; statutes applied. Sinclair v. Schroeder, 225 Kan. 3, 6, 586 P.2d 683.

79. Section does not prohibit administrative agencies from performing quasi-judicial functions; 1972 amendment discussed. Behrmann v. Public Employees Relations Board, 225 Kan. 435, 436, 437, 438, 439, 440, 441, 443, 444, 591 P.2d 173.

80. Review of administrative decisions in district courts is limited. Woltje v. Kansas Public Employees Retirement System, 225 Kan. 495, 496, 592 P.2d 872.

81. Mentioned in holding that district court had no authority to hear appeal of tax grievance from board of tax appeals under either K.S.A. 60-2101(d) or 74-2426. In re Lakeview Gardens, Inc., 227 Kan. 161, 166, 605 P.2d 576.

82. Absent express statutory authority, administrative agency cannot award compensatory or punitive damages. Woods v. Midwest Conveyor Co., 231 Kan. 763, 770, 648 P.2d 234 (1982).

83. Cited by dissent; courts have abdicated responsibility to analyze public employee relations board's construction of public employer-employee relations act. Kansas Bd. of Regents v. Pittsburg State Univ. Chap. of K-NEA, 233 Kan. 801, 828, 829, 667 P.2d 306 (1983).

84. Cited in holding that while Supreme Court has constitutional power to determine court procedure, it may acquiesce in legislative action in this area. State v. Mitchell, 234 Kan. 185, 194, 672 P.2d 1 (1983).

85. Court by mandamus may prevent district judges from appointing inmates to represent others in court; question of statewide importance. State ex rel. Stephan v. O'Keefe, 235 Kan. 1022, 1024, 1025, 1036, 686 P.2d 171 (1984).

86. Cited; delay from authorized interlocutory appeal (22-3603) should not count in determining defendant's constitutional right to speedy trial. State v. Galloway, 238 Kan. 100, 108, 708 P.2d 508 (1985).

87. Cited; non-lawyer remaining on supreme court nominating commission following issuance of temporary permit to practice law examined. State ex rel. Stephan v. Adam, 243 Kan. 619, 621, 760 P.2d 683 (1988).

88. Cited by dissent; majority holding judicial branch employees not covered by public employer-employee relations act (PEERA K.S.A. 75-4321 et seq.). Kansas Ass'n of Public Employees v. Public Employees Relations Bd., 13 Kan. App. 2d 657, 667, 778 P.2d 377 (1989).

89. Cited in quo warranto action ex rel. Attorney General against person allegedly engaged in unauthorized practice of law. State ex rel. Stephan v. Williams, 246 Kan. 681, 687, 793 P.2d 234 (1990).

90. Expedited judicial process examined where no record provided for judicial review on appeal. In re Marriage of Case, 18 Kan. App. 2d 457, 460, 856 P.2d 169 (1993).

91. Supreme court rules may not be used to expand appellate jurisdiction. Jones v. Continental Can Co., 260 Kan. 547, 558, 920 P.2d 939 (1996).

92. Under the doctrine of separation of powers, the judicial branch has a duty to review the constitutionality of school finance laws. Gannon v. State, 298 Kan. 1107, 1157–61, 319 P.3d 1196 (2014).

93. The supreme court is constitutionally mandated with the administrative authority over the judicial branch of government and legislation may not infringe on this authority. Solomon v. State, 303 Kan. 512, 529, 364 P.3d 536 (2015).

94. No separation of powers violation exists where the state's attorney was acting as an officer of the court. Breedlove v. State, 310 Kan. 56, 61, 445 P.3d 1101 (2019).

95. A plaintiff is not required to be exposed to liability before suing to challenge the constitutionality of a law threatened to be enforced, but the requirement of standing still must be satisfied for a justiciable controversy to exist. League of Women Voters of Kansas v. Schwab, 62 Kan. App. 2d 310, 318, 513 P.3d 1222 (2022), review granted, No. 124,378, 2022 WL 17098569 (Kan. August 26, 2022).

96. In the absence of express standards codified in either the Kansas Constitution or in Kansas law limiting the Legislature's use of partisan factors in drawing district lines, the question of whether the Legislature relied too heavily on the otherwise lawful factor of partisanship when drawing district lines is a political question and nonjusticiable. Rivera v. Schwab, 315 Kan. 877, 895, 512 P.3d 168 (2022), cert. denied sub nom. Alonzo v. Schwab, 143 S. Ct. 1055 (March 27, 2023).

97. The Kansas Supreme Court has the inherent power to take actions reasonably necessary for the administration of justice, provided the exercise of that power in no way contravenes or is inconsistent with the substantive statutory law. State v. Steinert, 317 Kan. 342, 356, 529 P.3d 778 (2023).