AGO 1989-071.

• Case Date: June 08, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-071. June 8, 1989ATTORNEY GENERAL OPINION NO. 89-71William E. GuseniusLindsborg City Attorney P.O. Box 70 Lindsborg, Kansas 67456 Re: Cities and Municipalities--Code for Municipal Courts; General Provisions--Municipal Judge; Appointment; Qualifications Synopsis: As 1989 Senate Bill No. 126 does not apply uniformly to all cities, it is subject to a charter ordinance adopted under article 12, section 5 of the Kansas Constitution. However, a city may not, under article 12, section 5, modify rules adopted by the Kansas Supreme Court under 1989 Senate Bill No. 126, or rules adopted pursuant to article 3, section 1 of the Kansas Constitution. The assessment prescribed by section 3 of 1989 Senate Bill No. 126 applies to all cases disposed of on or after July 1, 1989, including cases filed before July 1, 1989. The judge or clerk of the municipal court must remit all assessments received pursuant to section 3 to the state treasurer for deposit in the state treasury to the credit of the municipal judge training fund. Cited herein: K.S.A. 12-4105; 1989 Senate Bill No. 126; Kan.Const., art. 12, section 5; Kan.Const., art. 3, section 1. * * * Dear Mr. Gusenius: You pose several questions related to 1989 Senate Bill No. 126. That bill provides for training programs, examinations, and continuing judicial education of municipal judges. Your questions, and our responses thereto, are set forth below. "1. Does Senate Bill 126 apply uniformly to all cities or may a city exercise its home rule power and charter out of the bill's requirements?" 1989 Senate Bill No. 126 is not applicable uniformly to all cities by reason of section 4 (which amends K.S.A. 12-4105) requiring municipal judges in first class cities to be attorneys while permitting second and third class cities to have "certified" lay judges. See City of Junction City v. Griffin, 227 Kan. 332, 337 (1980). Accordingly, Senate Bill No. 126 is subject to a charter ordinance adopted under article 12, section 5 of the Kansas Constitution. Id. However, a city may not, under article 12, section 5 of the Kansas Constitution, modify rules adopted by the Supreme Court under 1989 Senate Bill No. 126, or rules adopted pursuant to article 3, section 1 of the Kansas Constitution. "2. Are cases filed before July 1, 1989, but disposed of after...