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§ 6. District courts. (a) The state shall be divided into judicial districts as provided by law. Each judicial district shall have at least one district judge. The term of office of each judge of the district court shall be four years. District court shall be held at such times and places as may be provided by law. The district judges shall be elected by the electors of the respective judicial districts unless the electors of a judicial district have adopted and not subsequently rejected a method of nonpartisan selection. The legislature shall provide a method of nonpartisan selection of district judges and for the manner of submission and resubmission thereof to the electors of a judicial district. A nonpartisan method of selection of district judges may be adopted, and once adopted may be rejected, only by a majority of electors of a judicial district voting on the question at an election in which the proposition is submitted. Whenever a vacancy occurs in the office of district judge, it shall be filled by appointment by the governor until the next general election that occurs more than thirty days after such vacancy, or as may be provided by such nonpartisan method of selection.

(b) The district courts shall have such jurisdiction in their respective districts as may be provided by law.

(c) The legislature shall provide for clerks of the district courts.

(d) Provision may be made by law for judges pro tem of the district court.

(e) The supreme court or any justice thereof shall have the power to assign judges of district courts temporarily to other districts.

(f) The supreme court may assign a district judge to serve temporarily on the supreme court.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 55; L. 1972, ch. 392, § 1; November 7, 1972.

Revisor's Note:

Judicial districts, election and terms of district judges. Prior to 1958, see § 5 of this article; from 1958 until 1972, see § 2 of this article.

Clerks of district courts. Prior to 1972, see § 7 of this article.

Jurisdiction of judges at chambers. Prior to 1972, see § 16 of this article.

Original judicial districts, see § 18 of this article.

Increase in number of judicial districts. Prior to 1972, see § 14 of this article.

Law Review and Bar Journal References:

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

Kissing Babies, Shaking Hands, and Campaign Contributions: Is This the Proper Role for the Kansas Judiciary? Stacie L. Sanders, 34 W.L.J. 573, 576, 579 (1995).

Criminal Procedure Review: Survey of Recent Cases, 44 K.L.R. 895 (1996).

Independency of the Judiciary, Michael P. Crow, 74 J.K.B.A. No. 4, 4 (2005).

Attorney General's Opinions:

Clerk of district court; board of trustees of county law library. 82-124.

Judicial; supreme court nominating commission; open meetings act. 82-254.

Elections; nominations; terms of office; vacancies; vacancies in the office of judge of the district court. 88-38.

Residence requirements for district court judges; 20th judicial district. 92-30.

Kansas district courts have no jurisdiction over causes of action for violations of Indian tribe fish and wildlife conservation code. 93-152.

District judicial nominating commission members; prohibition against holding office in political party. 94-165.

Statute prohibiting disclosure of judicial survey data of elected judges violates 1st Amendment. 2007-27.

CASE ANNOTATIONS

1. Jurisdiction of court in action for divorce considered. Wesner v. O'Brien, 1 Kan. App. 416, 42 P. 1098. Reversed: Wesner v. O'Brien, 56 Kan. 724, 729, 44 P. 1090.

2. Judicial functions may be exercised by others than judge of district court. Young v. Ledrick, 14 Kan. 92, 99.

3. Exclusive jurisdiction of certain matters conferred on justice of peace. Evans and Nelson v. Adams, 21 Kan. 119, 122.

4. Courts of record have inherent power to punish for contempt. In re Millington, Petitioner, etc., 24 Kan. 214, 221.

5. Original and appellate jurisdiction not limited to supreme court. Wilson v. Price-Raid Aud. Com., 31 Kan. 257, 259, 1 P. 587.

6. Creation of courts with concurrent jurisdiction in certain cases constitutional. A.T. & S.F. Rld. Co. v. Rice, 36 Kan. 593, 14 P. 229; Morris v. Bunyan, 58 Kan. 210, 212, 48 P. 864.

7. Illegal correction of entry; jurisdiction after change of venue considered. The State v. Start, 62 Kan. 111, 114, 61 P. 394.

8. Jurisdiction general except matters withheld or ceded to another tribunal. Manley v. Park, 62 Kan. 553, 557, 64 P. 28. Affirmed: Manley v. Park, 187 U.S. 547, 23 S. Ct. 208, 47 L.Ed. 296.

9. Extent of jurisdiction is left to Legislature. The State v. Jack, 69 Kan. 387, 392, 394, 76 P. 911. Affirmed: Jack v. Kansas, 199 U.S. 372, 26 S. Ct. 73, 50 L.2d 234.

10. Jurisdiction of district courts in civil matters confined to district. In re Jewett, 69 Kan. 830, 836, 77 P. 567.

11. Jurisdiction over order of county commissioners establishing road considered. Flagel v. Jackson County, 83 Kan. 709, 711, 112 P. 622.

12. Legislature has power to provide judicial review of administrator's acts. The State, ex rel., v. Mohler, 98 Kan. 465, 466, 475, 158 P. 408. Affirmed: Payne v. Kansas, 248 U.S. 112, 39 S. Ct. 32, 63 L.Ed. 153.

13. City court; jurisdiction of district court on appeal. Neal v. Kent, 102 Kan. 239, 169 P. 1152.

14. Naturalization, jurisdiction of district court restricted to county where sitting. United States v. Johnson, 181 F. 429.

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

16. Supreme court without jurisdiction to try controverted issues de novo on appeal. Brown v. Brown, 146 Kan. 7, 11, 68 P.2d 1105.

17. Cited; appeal notice not stating appeal was "to supreme court" held good. Cooper v. Kansas City Public Ser. Co., 146 Kan. 961, 965, 73 P.2d 1092.

18. Cited in discussing district court's authority to appoint guardian for estate. (Dissenting opinion.) Henry v. Edde, 148 Kan. 70, 80, 79 P.2d 888.

19. District court's jurisdiction discussed in upholding judgment by confession. Brooks v. National Bank of Topeka, 153 Kan. 831, 836, 113 P.2d 1069.

20. Legislature may enlarge or diminish district or probate courts' jurisdiction. Egnatic v. Wollard, 156 Kan. 843, 848, 851, 137 P.2d 188.

21. Right to appeal neither a vested nor constitutional right; purely statutory. City of Hutchinson v. Wagoner, 163 Kan. 736, 739, 186 P.2d 243.

22. Right of appeal is neither a vested nor constitutional right; it is purely statutory; juvenile court matter. Murrow v. Powell, 167 Kan. 283, 205 P.2d 1193.

23. Appeal is not a matter of right, but is governed by statute. Kowing v. Douglas County Kaw Drainage Dist., 167 Kan. 387, 390, 207 P.2d 457.

24. Where determination of existence of facts prerequisite to authorize official action is vested in a local tribunal—in this case a district court—its determination is conclusive unless it lacked jurisdiction or was actuated by fraud. State, ex rel., v. Drainage Dist. No. 3, 168 Kan. 568, 573, 215 P.2d 161.

25. Cited; district court in changing corporation commission's order must strictly follow statutory procedure. City of McPherson v. State Corporation Commission, 174 Kan. 407, 411, 257 P.2d 123.

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

27. District court's jurisdiction in habeas corpus confined to district. Phillips v. Hand, 183 Kan. 588, 331 P.2d 291.

28. Venue of habeas corpus proceeding considered. Love v. Love, 188 Kan. 185, 360 P.2d 1061.

29. No absolute right to take deposition of adverse party residing in adjoining county; deposition statutes and decisions reviewed; court did not abuse discretion in enjoining taking of deposition. Miller v. Huffman, 191 Kan. 570, 572, 382 P.2d 464.

30. Reasonableness of failure to submit to blood test judicial determination; no violation of separation of powers. Lira v. Billings, 196 Kan. 726, 730, 414 P.2d 13.

31. Mentioned by trial court in holding it did not have jurisdiction of subject matter in action to obtain employment records. City of Hutchinson v. Hutchinson, Office of State Employment Service, 213 Kan. 399, 402, 517 P.2d 117.

32. District judge assigned to participate in court's decision challenging constitutionality of K.S.A. 22-3707. Leek v. Theis, 217 Kan. 277, 538 P.2d 1407.

33. Judge of district court assigned to participate in decision pursuant to this section. Leek v. Theis, 217 Kan. 784, 816, 539 P.2d 304.

34. 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.

35. Cited; district court judge assigned to participate in court's decision. Kellogg Mall Associates v. Board of Sedgwick County Comm'rs, 227 Kan. 231, 242, 607 P.2d 1330.

36. County taxing officials' right of appeal from adverse ruling; retroactive application and other provisions of statutes constitutional. Board of Greenwood County Comm'rs v. Nadel, 228 Kan. 469, 480, 618 P.2d 778.

37. Cited; no vested right to have case decided on rehearing by same seven individuals determining original appeal. State v. Ransom, 239 Kan. 594, 596, 722 P.2d 540 (1986).

38. Appointment of district judges to serve with supreme court concerning proceedings before commission on judicial qualifications noted. In re Yandell, 244 Kan. 709, 772 P.2d 807 (1989).

39. Appointment of district judge to serve with Supreme Court concerning proceedings before commission on judicial qualifications noted. In re Long, 244 Kan. 719, 772 P.2d 814 (1989).

40. Cited; whether intercepted conversations should be suppressed because they were unrelated to offenses described in wiretap application examined. State v. Gibson, 255 Kan. 474, 478, 874 P.2d 1122 (1994).

41. Whether district court has jurisdiction to review plaintiff's claim seeking administrative search warrant for fire inspection examined. City of Overland Park v. Niewald, 20 Kan. App. 2d 909, 910, 893 P.2d 848 (1995).

42. Review of administrative law judge's ruling by workers compensation board instead of de novo review by district court constitutional. Stuart v. Douglas County, 21 Kan. App. 2d 784, 786, 907 P.2d 919 (1995).

43. Kansas Constitution gives district courts exclusive jurisdiction to try felony and other criminal cases. Anderson v. State, 29 Kan. App. 2d 782, 31 P.3d 322 (2001).

44. It is the Legislature which sets the extent of district court jurisdiction. In re Marriage of Crane, 36 Kan. App. 2d 677, 681, 143 P.3d 87 (2006).

45. A district magistrate judge has jurisdiction to conduct felony arraignments and accept pleas. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009).

46. Under the facts of the case, the state did not carry its burden to show it cured prior findings of unconstitutional inequities with capital outlays. Gannon v. State, 303 Kan. 682, 712, 368 P.3d 1024 (2016).