Kansas Judicial System Info - Teachers

KANSAS

This site is dedicated to the citizens of the state of Kansas. Kansans are about their courts. The persistent and steady progress and change in our court system tells of citizen concern. Kansas citizens expressed that concern and interest in the court system through the Judicial Department Reform Act of 1965. Kansas citizens spoke again when, in 1972, they resoundingly voted yes to adopt a new Judicial Article, opening the way for a broad range of improvements in the courts at both local and appellate levels.

The courts, the legislature, the legal profession, and citizens groups have worked together to make changes happen. This combination of forces continues the process today, and through their efforts Kansas has a judicial system worthy of the fullest confidence of all her citizens.

THE JURY SYSTEM

The jury system is an important part of the Kansas court system. Persons accused of crimes have an absolute right to a jury trail, and parties to a civil suit may choose to have their case decided by a jury.

Jury list are made up of names selected from the voter registration list and driver’s license list. These names are placed either into a computer or a jury wheel. When a jury panel is needed, the wheel or computer is used to select a number of names at random. Juror summonses are then sent to those persons whose names are drawn, and they may be called into court to serve on a trial jury. The pay for jury services is small, but the responsibility is great.

About 95 percent of all jury trails in the world take place in a feeling of pride and respect for our system of justice and an appreciation of the chance to be part of the judicial process.

Efforts to streamline and update the jury system are continuing, with the aim of reducing the amount of time that a citizen is asked to contribute to jury service.

The opportunity to serve on a jury in your local court allows you to become a better-informed and more responsible citizen, and to learn more about your courts and the law.

TYPES OF COURTS

There are several different levels of courts in Kansas to handle various kinds of cases. These courts are:

Municipal Courts

Municipal (city) courts deal with alleged violations of city ordinances committed within the city limits. The cases usually involve traffic and other minor offenses. A person charged with an offense in municipal court may be represented by a lawyer. The judge hears the cases without a jury. Anyone convicted in municipal court may appeal to the district court of the county in which the municipal court is situated.

District Courts

District courts are created by the Constitution. They are the trial courts of Kansas, with general original jurisdiction over all civil and criminal cases, including divorce and domestic relations, damage suits, probate and administration of estates, guardianships, conservatorships, care of the mentally ill, juvenile matters, and small claims. It is here that the criminal and civil jury trials are held. Kansas is divided into judicial districts, with varying numbers of judges in each district. There is a district court in each county, and an office of the clerk of the court where cases may be filed.

The state is also divided into six judicial departments, each of which includes several judicial districts. On justice of the Supreme Court serves as departmental justice over each department. The departmental justice may assign judges from one judicial district to another.

Judges of the district court must be lawyers. Some counties have district magistrate judges, who may or may not be lawyers, and whose jurisdiction is limited. There is at least one resident judge in each county.

The Supreme Court appoints a district judge as administrative judge for each judicial district. The administrative judge, in addition to his or her judicial responsibilities, has general control over the assignment of cases within the district, and general supervisory authority over the clerical and administrative functions of the court.

Appeals may be taken from the district courts to the Court of Appeals, or to the Supreme Court.

You may visit your district court at any time.

Court of Appeals

The Kansas Court of Appeals is located in Topeka in the Kansas Judicial Center and is an intermediate appellate court. The Court of Appeals hears all appeals from orders of the State Corporation Commission, and all appeals from the district courts in both civil and criminal cases except those which may be appealed directly to the Supreme Court. It also has jurisdiction over original actions in habeas corpus.

The Court may hear appeals en banc (all 10 judges) but the court usually sits in panels of three. The Court of Appeals may sit anywhere in the State. Hearings are scheduled regularly in Hays, Garden City, Wichita, Chanute, Kansas City, Olathe, and Topeka, and hearings have also been held in other cities for the convenience of the parties.

Supreme Court

The Kansas Supreme Court sits in Topeka in the Kansas Judicial Center and is the state court of last resort. It hears direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. It may review cases decided by the Court of Appeals, and may transfer cases from that court to the Supreme Court. It also has original jurisdiction in several types of cases.

The Supreme Court, by constitutional mandate, has general administrative authority over all Kansas courts. Its rules govern appellate practice in the Supreme Court and the Court of Appeals, and procedures in the district courts. Supreme Court rules also provide for the examination and admission of attorneys, set forth the code of professional responsibility which governs the conduct of attorneys, and include the canons of judicial ethics which govern the conduct of judges. Rules also provide for the examination and certification of official court reporters. The Supreme Court may discipline attorneys, judges and nonjudicial employees.

All of the nonjudicial employees of the Kansas court system are under a personnel plan adopted and administered by the Supreme Court. Personnel and payroll records of all court employees throughout the State are maintained in the Office of Judicial Administration. The Supreme Court adopts and submits to the Kansas Legislature an annual budget for the entire judicial branch of State government.