NCJ Number
46640
Date Published
1974
Length
12 pages
Annotation
RECOMMENDATIONS OF THE KANSAS JUDICIAL STUDY ADVISORY COMMITTEE ARE BASED ON THE PROPOSAL FOR A UNIFIED DISTRICT COURT SYSTEM.
Abstract
THE FOLLOWING RECOMMENDATIONS FOR IMPROVING THE KANSAS JUDICIAL SYSTEM ARE PRESENTED: THAT THE TRIAL COURTS SHOULD BE REPLACED BY ONE UNIFIED DISTRICT COURT OPERATING UNDER UNIFORM PROCEDURES AND STANDARDS THAT THE STATE SHOULD HAVE AN INTERMEDIATE APPELLATE COURT THAT WOULD DISPOSE OF MANY CASES NOW CLOGGING THE SUPREME COURT'S DOCKET; THAT THE STATE SUPREME COURT SHOULD EXERCISE GENERAL SUPERVISION OVER THE UNIFIED COURT SYSTEM; THAT THE FISCAL AFFAIRS OF THE UNIFIED COURT SYSTEM SHOULD BE DETERMINED THROUGH A SINGLE BUDGET FINANCED BY THE STATE, WITH THE LOCALITIES RESPONSIBLE FOR PROVIDING ONLY PHYSICAL FACILITIES; THAT THE PARTISAN METHOD OF ELECTING JUDGES SHOULD BE REPLACED BY MERIT SELECTION PROCEDURES SIMILAR TO THOSE USED FOR THE SELECTION OF JUSTICES OF THE SUPREME COURT; AND FINALLY, THAT THE COMPENSATION AND THE RETIREMENT BENEFITS OF STATE JUDGES AND NONJUDICIAL PERSONNEL SHOULD BE SUFFICIENT TO ATTRACT THE MOST QUALIFIED PERSONS TO THE KANSAS COURT SYSTEM. PROPOSALS PRESENTED IN THE INTRODUCTION ARE DETAILED IN FIVE SEPARATE SECTIONS. THE FIRST DEALS WITH THE ORGANIZATION AND JURISDICTION OF THE STATE TRIAL COURTS AND INCLUDED RECOMMENDATIONS REGARDING THE ESTABLISHMENT OF THE UNIFIED COURT SYSTEM, THE JUDGES OF THE NEW SYSTEM, THE ELIMINATION OF THE MUNICIPAL COURTS, THE POWERS OF THE JUDGES OF THE DISTRICT COURTS, APPEALS FROM THE DISTRICT COURT JUDGES, JUDGE ASSIGNMENTS, PRO TEM JUDGES, THE ADMINISTRATION OF NONJUDICIAL PERSONNEL, AND ELIMINATION OF CERTAIN DISTRICT MAGISTRATE JUDGESHIPS. THE SECOND SECTION DEALS WITH RECOMMENDED REFORMS OF APPELLATE REVIEW AND APPEAL PROCEDURES. RECOMMENDATIONS REGARDING THE ADMINISTRATION OF THE COURT SYSTEM ARE PROVIDED IN THE THIRD SECTION; SPECIFICALLY, STATEWIDE, AND REGIONAL AND DISTRICT ADMINISTRATION. THE FOURTH SECTION COVERS COURT FINANCING, AND THE FIFTH, THE QUALIFICATIONS, TENURE, SELECTION, COMPENSATION AND RETIREMENT OF JUDGES AND NONJUDICIAL PERSONNEL. CHARTS OF THE KANSAS COURT STRUCTURE ARE PRESENTED, AND SELECTED TABULAR DATA ARE PROVIDED. (KBL)