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§ 15. Removal of justices and judges. Justices of the supreme court may be removed from office by impeachment and conviction as prescribed in article 2 of this constitution. In addition to removal by impeachment and conviction, justices may be retired after appropriate hearing, upon certification to the governor, by the supreme court nominating commission that such justice is so incapacitated as to be unable to perform adequately his duties. Other judges shall be subject to retirement for incapacity, and to discipline, suspension and removal for cause by the supreme court after appropriate hearing.

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.

Law Review and Bar Journal References:

The Kansas Commission on Judicial Qualifications, Fred N. Six, 48 J.B.A.K. 237, 238, 240 (1979).

The Merits of Merit Selection; A Kansas Judge's Response to Professor Ware's Article, Janice D. Russell, 17 Kan. J.L. & Pub. Pol'y, No. 3, 437 (2008).

CASE ANNOTATIONS

1. Section cited in considering power of Legislature to abolish judicial districts. Aikman v. Edwards, 55 Kan. 751, 754, 42 P. 366.

2. District judge removable only by impeachment or method herein provided. Falloon v. Clark, 61 Kan. 121, 58 P. 990.

3. Section cited in considering power of governor to appoint judge. The State v. Andrews, 64 Kan. 474, 488, 67 P. 870.

4. Constitution provides two methods for removing district judges from office; impeachment or by resolution of both houses of the Legislature, two-thirds concurring; change of judicial districts discussed. State, ex rel., v. Gaitskill, 133 Kan. 389, 300 P. 326.

5. Method of removal prescribed by section cumulative to methods prescribed by statute. In re Rome, 218 Kan. 198, 202, 204, 542 P.2d 676.

6. Judicial conduct complaint considered; violation of canon 7B(1)(c) (20-175); censure ordered. In re Baker, 218 Kan. 209, 542 P.2d 701.

7. Construed and applied in construing K.S.A. 20-337; order declaring office of district magistrate judge vacant upheld. Sinclair v. Schroeder, 225 Kan. 3, 11, 586 P.2d 683.

8. Judicial conduct complaint considered; violation of canons 1, 2, 3A(1), 3A(3) and 3A(6); removal from office ordered. State ex rel. Commission on Judicial Qualifications v. Rome, 229 Kan. 195, 623 P.2d 1307.

9. Authority of supreme court to remove judge for events occurring during prior term noted. In re Yandell, 244 Kan. 709, 717, 772 P.2d 807 (1989).