Printable Format20-302. District judges; power and authority. The district judge provided for in the Kansas constitution shall have and exercise the full judicial power and authority of a district court.
History: G.S. 1868, ch. 28, § 2; R.S. 1923, 20-302; L. 1965, ch. 214, § 1; L. 1976, ch. 146, § 11; January 10, 1977.
Source or Prior Law:
L. 1861, ch. 22, §§ 2, 3.
Cross References to Related Sections:
Contempts of court defined, see chapter 20, article 12.
Law Review and Bar Journal References:
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 265, 266, 270 (1977).
Attorney General's Opinions:
Retirement system for justices and judges; eligible members. 80-145.
Clerk of district court; board of trustees of county law library. 82-124.
CASE ANNOTATIONS
1. Injunction may be granted and contempt thereof heard in chambers. The State v. Cutler, 13 Kan. 131, 134.
2. Section does not limit contempt powers except at chambers; courts have inherent power to punish contempt in courtroom. In re Millington, Petitioner, etc., 24 Kan. 214, 221.
3. Court at chambers may discharge attachment and grant interlocutory orders. Wells, Fargo & Co. v. Danford, 28 Kan. 487, 490.
4. Proceedings by judge pro tempore after term held valid. Cox v. The State, ex rel., 30 Kan. 202, 2 P. 155.
5. Powers in proceedings in aid of execution. In re Burrows, Petitioner, 33 Kan. 675, 7 P. 148.
6. Court has power at chambers to dissolve attachment order. Swearingen v. Howser, 37 Kan. 126, 14 P. 436; Blair v. Anderson, 58 Kan. 97, 99, 48 P. 562.
7. Contempt of mandamus cannot be 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.
8. Civil powers of judge are confined to district. In re Jewitt, 69 Kan. 830, 77 P. 567.
9. Restraining order granted by probate judge dissolved at chambers. Hurd v. Railway Co., 73 Kan. 83, 84 P. 553.
10. Judge may at chambers issue writ of mandamus. Rea v. Telephone Co., 87 Kan. 665, 667, 125 P. 27.
11. Order of court vacating default judgment of judge pro tem upheld. Kansas City P. & L. Co. v. City of Elkhart, 139 Kan. 374, 31 P.2d 62.
12. Discussed; district court cannot vacate or modify its workmen's compensation award (dissenting opinion). Gray v. Hercules Powder Co., 160 Kan. 767, 779, 165 P.2d 447.
13. Person cited for contempt in open court may be summarily punished. In re Ferris, 175 Kan. 704, 714, 267 P.2d 190. Reversed: Courtney v. Schroeder, 348 U.S. 933, 75 S. Ct. 355, 99 L. Ed. 732.
14. Cited; important public questions justify exercise of supreme court original jurisdiction in mandamus to enforce lease agreement. Manhattan Buildings, Inc. v. Hurley, 231 Kan. 20, 26, 643 P.2d 87 (1982).
15. State is not entitled to de novo preliminary hearing when magistrate dismisses criminal case for lack of probable cause. State v. Kleen, 257 Kan. 911, 914, 896 P.2d 376 (1995).
16. Restraining order issued by judge did not contravene administrative judge's supervisory authority. Krogen v. Collins, 21 Kan. App. 2d 723, 725, 907 P.2d 909 (1995).
17. A written order or court rule is not required in order for district magistrate judge's assignment to conduct felony arraignments. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009).
18. District court reviews an order of magistrate judge on the basis of the record and de novo determination. In re L.C.W., 42 Kan. App. 2d 293, 211 P.3d 829 (2009).