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20-334. Qualifications of judges of the district court. (a) Subject to the provisions of K.S.A. 20-2909, and amendments thereto, any person who is elected, retained in office or appointed as a district judge shall:

(1) Have been regularly admitted to practice law in the state of Kansas;

(2) be a resident of the judicial district for which elected or appointed to serve at the time of taking the oath of office and shall maintain residency in the judicial district while holding office; and

(3) for a period of at least five years, have engaged in the active practice of law as a lawyer, judge of a court of record or any court in this state, full-time teacher of law in an accredited law school or any combination thereof.

(b) Any person who is elected, retained in office or appointed as a district magistrate judge shall:

(1) Be a graduate of a high school or secondary school or the equivalent thereof;

(2) be a resident of the county for which elected or appointed to serve at the time of taking the oath of office and shall maintain residency in the county while holding office; and

(3) if not regularly admitted to practice law in Kansas, be certified by the supreme court, in the manner prescribed by K.S.A. 20-337, and amendments thereto, as qualified to serve as a district magistrate judge.

History: L. 1976, ch. 146, § 14; L. 1978, ch. 111, § 2; L. 1979, ch. 82, § 1; L. 1980, ch. 94, § 7; L. 1986, ch. 115, § 37; L. 1999, ch. 159, § 3; July 1.

Law Review and Bar Journal References:

"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 265, 267 (1977).

Attorney General's Opinions:

Retirement system for justices and judges; eligible members. 80-145.

Classes of judges of district court. 85-183.

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

CASE ANNOTATIONS

1. Applied in construing K.S.A. 20-337; section constitutional; order declaring office of magistrate judge vacant upheld. Sinclair v. Schroeder, 225 Kan. 3, 6, 11, 586 P.2d 683.

2. District magistrate judge not required to be licensed attorney and is authorized to issue warrant for arrest. Newberry v. Befort, 28 Kan. App. 2d 807, 20 P.3d 1281 (2001).


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