Printable FormatCONSTITUTION OF THE STATE OF KANSAS
Article 3.—JUDICIAL
§ 12. Extension of terms until successor qualified. All judicial officers shall hold their offices until their successors shall have qualified.
History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 56; L. 1972, ch. 392, § 1; November 7, 1972.
Revisor's Note:
No change was made in this section by the 1972 revision of this article.
Attorney General's Opinions:
County treasurer; term of person appointed to fill vacancy in office. 81-128.
CASE ANNOTATIONS
1. Justice of the peace holds office until his successor is qualified. Borton v. Buck, 8 Kan. 302, 312.
2. Not in power of Legislature to increase or extend term. The State, ex rel., Goodin v. Thoman, 10 Kan. 191, 196.
3. Justice succeeding himself, failing to qualify, remains justice de jure. Rheinhart v. State, 14 Kan. 318.
4. Resignation incomplete until successor qualified when so specified in acceptance. The State, ex rel., v. Clayton, 27 Kan. 442, 443.
5. Qualification of successor terminates right of incumbent to hold over. The State, ex rel., v. Albert, 55 Kan. 154, 158, 40 P. 286.
6. The terms "elected and qualified" and "qualified," discussed and distinguished. The State v. Andrews, 64 Kan. 474, 495, 67 P. 870.
7. Election postponed, means of filling offices not provided, incumbents hold over. Pruitt v. Squires, 64 Kan. 855, 861, 68 P. 643. Overruled: Adkinson v. Noonan, 110 Kan. 335, 203 P. 694.
8. If elected probate judge disqualified to take office, incumbent holds over. State, ex rel., v. Irey, 116 Kan. 21, 24, 225 P. 1050.
9. Section cited in considering term of judge elected to fill vacancy. Forest v. Ryan, 126 Kan. 390, 268 P. 101.
10. Legislature has power to dispense with biennial city election. Murray v. Payne, 137 Kan. 685, 690, 21 P.2d 333.
11. Probate judge-elect's death prior to qualification; incumbent holds over. Smith v. Snell, 154 Kan. 187, 188, 189, 117 P.2d 567.
12. Cited in upholding validity of Kansas City city court act. Powers v. Thorn, 155 Kan. 758, 770, 129 P.2d 254.