KANSAS OFFICE of
  REVISOR of STATUTES

  

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CONSTITUTION OF THE STATE OF KANSAS

Article 3.—JUDICIAL

§ 16. Savings clause. Nothing contained in this amendment to the constitution shall: (a) Shorten the term of office or abolish the office of any justice of the supreme court, any judge of the district court, or any other judge of any other court who is holding office at the time this amendment becomes effective, or who is holding office at the time of adoption, rejection, or resubmission of a nonpartisan method of selection of district judges as provided in subsection (a) of section 6 hereof, and all such justices and judges shall hold their respective offices for the terms for which elected or appointed unless sooner removed in the manner provided by law; (b) repeal any statute of this state relating to the supreme court, the supreme court nominating commission, district courts, or any other court, or relating to the justices or judges of such courts, and such statutes shall remain in force and effect until amended or repealed by the legislature.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 56; original subject matter stricken and new subject substituted by revision, L. 1972, ch. 392, § 1; November 7, 1972.

Revisor's Note:

Prior to 1972 revision, section related to jurisdiction of justices and judges at chambers.

CASE ANNOTATIONS

Annotations to original section:

1. Granting of injunction; trial for contempt; jurisdiction at chambers considered. The State v. Cutler, 13 Kan. 131, 134.

2. Punishment for contempt; powers granted to "court" and "judge" distinguished. In re Millington, Petitioner, 24 Kan. 214, 221.

3. Charge of violating writ of mandamus improperly heard at chambers. The State, ex rel., v. Stevens, 40 Kan. 113, 19 P. 365; In re Price, Petitioner, 40 Kan. 156, 19 P. 751.

4. Attachment against person of judgment debtor properly issued at chambers. In re Heath, Petitioner, 40 Kan. 333, 337, 19 P. 926.

5. Journal entry improperly amended at chambers to defeat "former jeopardy." The State v. Start, 62 Kan. 111, 114, 61 P. 394.

6. Legislature may properly provide for investigation before judge at chambers. The State v. Jack, 69 Kan. 387, 392, 76 P. 911. Affirmed: Jack v. Kansas, 199 U.S. 372, 26 S. Ct. 73, 50 L.Ed. 234.

7. Judge has no jurisdiction in habeas corpus outside his district. In re Jewett, 69 Kan. 830, 836, 77 P. 567.

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

Annotation to 1972 amendment:

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


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