Previous | Next

§ 2. Supreme court. The supreme court shall consist of not less than seven justices who shall be selected as provided by this article. All cases shall be heard with not fewer than four justices sitting and the concurrence of a majority of the justices sitting and of not fewer than four justices shall be necessary for a decision. The term of office of the justices shall be six years except as hereinafter provided. The justice who is senior in continuous term of service shall be chief justice, and in case two or more have continuously served during the same period the senior in age of these shall be chief justice. A justice may decline or resign from the office of chief justice without resigning from the court. Upon such declination or resignation, the justice who is next senior in continuous term of service shall become chief justice. During incapacity of a chief justice, the duties, powers and emoluments of the office shall devolve upon the justice who is next senior in continuous service.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 54; L. 1899, ch. 314, § 1; L. 1957, ch. 234, § 1; L. 1972, ch. 392, § 1; November 7, 1972.

Law Review and Bar Journal References:

Mentioned in comment on Kansas Courts of Appeals, Gregory A. Dean, 12 W.L.J. 378, 382 (1973).

Unauthorized Corporate Law Practices in Small Claims Court: Should Anybody Care? Ron Smith, 33 W.L.J. 345, 350 (1994).

Kissing Babies, Shaking Hands, and Campaign Contributions: Is This the Proper Role for the Kansas Judiciary? Stacie L. Sanders, 34 W.L.J. 573, 579 (1995).

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).

CASE ANNOTATIONS

Annotations to original section 11 of this article:

1. "Regular election" in old section 11 means next election held conformable to established law. The State, ex rel., Watson v. Cobb, 2 Kan. 32, 49.

2. Failure to elect justice of peace does not vacate office. Borton v. Buck, 8 Kan. 302, 313.

3. When fixed term expires, election held to elect successor, valid. The State, ex rel., Goodin v. Thoman, 10 Kan. 191.

4. Vacancy when township divided and justice thrown into new township. Frazer v. Miller, 12 Kan. 459, 461.

5. Legislature has power to say how county officers elected. Hagerty v. Arnold, 13 Kan. 367, 383.

6. Vacancy is created where district judge removes permanently from state. Bawden v. Stewart, 14 Kan. 355, 364.

7. Time district judges elected and term for which elected considered. Peters v. Board of State Canvassers, 17 Kan. 365; Smith v. Holt, 24 Kan. 771.

8. Resignation accepted upon condition, office not vacant until condition fulfilled. The State, ex rel., v. Clayton, 27 Kan. 442, 443.

9. Election for judge held when no election provided for, invalid. Matthews v. Comm'rs of Shawnee Co., 34 Kan. 606, 610, 9 P. 765.

10. Justice of peace elected at regular city election in cities. Ward v. Clark, 35 Kan. 315, 317, 10 P. 827.

11. Justice of peace cannot entertain criminal complaint outside his township. A.T. & S.F. Rld. Co. v. Rice, 36 Kan. 593, 596, 14 P. 229.

12. Qualification of successor terminates right of incumbent to hold over. The State, ex rel., v. Albert, 55 Kan. 154, 158, 40 P. 286.

13. Special terms filled by appointment in readjusting terms held valid. Wilson v. Clark, 63 Kan. 505, 65 P. 705; The State v. Andrews, 64 Kan. 474, 488, 67 P. 870.

14. "Regular election" in old section 11 means election for filling that class of offices. McIntyre v. Iliff, 64 Kan. 747, 749, 68 P. 633.

15. Appointee holds until election for filling that class of offices. The State v. Holcomb, 83 Kan. 256, 258, 111 P. 188.

16. "Regular election" in old section 11 refers to an election held pursuant to law to fill a position and does not specify a non-special election; appointive district judge's term expired upon election of successor at a special election. Wendorff v. Dill, 83 Kan. 782, 112 P. 588.

17. Judge elected at "next regular election" elected for regular term. The State v. Holcomb, 87 Kan. 510, 512, 124 P. 161.

18. An existing office without an incumbent is vacant. Campbell v. Sargent, 85 Kan. 590, 591, 118 P. 71.

19. Removal of officer from township does not necessarily vacate office. Salamanca Township v. Wilson, 109 U.S. 627, 3 S. Ct. 344, 27 L.Ed. 1055.

20. Term of office of judge elected to fill vacancy considered. Forest v. Ryan, 126 Kan. 390, 268 P. 101.

21. Section held not to apply to officers not named in article. State, ex rel., v. Smith, 130 Kan. 228, 235, 285 P. 542.

22. Selection of judge pro tem not legal where vacancy caused by death. State v. Roberts, 130 Kan. 754, 756, 288 P. 761.

23. L. 1935, ch. 147, did not create vacancy in supreme court. Glenn v. Ryan, 144 Kan. 363, 365, 58 P.2d 1077.

24. Cited in upholding validity of Kansas City city court act. Powers v. Thorn, 155 Kan. 758, 770, 129 P.2d 254.

Annotations to original section:

25. Seven justices are to prevent equal division on court. Barber County Comm'rs v. Lake State Bank, 123 Kan. 10, 254 P. 401.

26. 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.Ed2d 1525.

Annotations to original section 5 of this article:

27. Attaching one county to another for judicial purposes considered. The State v. Ruth, 21 Kan. 583, 588.

28. Court in only one county in district at a time. In re Millington, Petitioner, etc., 24 Kan. 214, 224.

29. District may be changed although it terminates office of judge. Aikman v. Edwards, 55 Kan. 751, 752, 754, 42 P. 366.

30. More than one judge to a judicial district not prohibited. The State v. Hutchings, 79 Kan. 191, 199, 98 P. 797.

31. Old section 5 given liberal and broad construction. Postlethwaite v. Edson, 102 Kan. 619, 643, 171 P. 769.

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

33. Cited; rules governing modification and vacation of judgments. Voth v. Thompson, 178 Kan. 539, 544, 289 P.2d 733.

34. Where district court has no jurisdiction of subject matter of appeal to it, supreme court acquires none by an appeal from district court; no vested right in an appeal. Kowing v. Douglas County Kaw Drainage Dist., 167 Kan. 387, 390, 207 P.2d 457.

Annotations to 1958 amendment:

35. One supreme court justice disqualified, three justices one opinion and three of the opposite opinion; trial court decision affirmed. Scott v. Harber, 187 Kan. 542, 358 P.2d 723.

36. Supreme court justice disqualified; remaining six justices equally divided; trial court's decision must stand. Tramill v. Holland, 210 Kan. 180, 499 P.2d 1075.

Annotations to 1972 amendment:

37. One justice disqualified; remaining justices divided; judgment affirmed. Mobil Oil Corp. v. Fairfax Drainage District, 211 Kan. 9, 505 P.2d 687.

38. Mentioned in affirming trial court's judgment by equally divided court. Thornton v. Shore, 232 Kan. 394, 395, 654 P.2d 475 (1982).

39. Cited; where one justice disqualified and remaining six justices equally divided, judgment of trial court must stand. Paulsen v. U.S.D. No. 368, 239 Kan. 180, 182, 717 P.2d 1051 (1986).

40. 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).

41. When one of the justices of the U.S. Supreme Court is disqualified to participate in a decision of the issues raised in an appeal or petition for review and the remaining six justices are equally divided as to the proper disposition of the appeal the judgment of the court from which the appeal or petition for review is made must stand. State v. Frost, 319 Kan. 646, 648, 556 P.3d 870 (2024).