Vacancy in office

19-715. Vacancy in office. (a) When a vacancy occurs in the office of county attorney, the vacancy shall be filled by appointment by the governor of a person elected by a district convention, in accordance with K.S.A. 25-3902, and amendments thereto. If the vacancy occurs on or after May 1 of the second year of the term, the person so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualifies. If the vacancy occurs before May 1 of the second year of the term, the person appointed to fill the vacancy shall serve until a successor is elected and qualifies at the next county general election to serve the remainder of the unexpired term. Nomination and election of such successor shall be in the same manner as nomination and election of a county attorney for a regular term. (b) When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located shall appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy in accordance with subsection (a). A person appointed as temporary county attorney shall be an elector of the same political party as such person's predecessor. (c) A county attorney or temporary county attorney appointed pursuant to this section shall have the same powers and duties and be subject to the same qualifications as an elected county attorney. History: G.S. 1868, ch. 25, § 146; R.S. 1923, 19-715; L. 1963, ch. 160, § 3; L. 1976, ch. 145, § 58; L. 1981, ch. 115, § 1; July 1. Source or Prior Law: L. 1864, ch. 31, § 7. Cross References to Related Sections: Governor to make appointment when judge fails to act, see 75-117. Attorney General's Opinions: Filling of vacancies; procedure; vacancy in office of county attorney. 84-72. Vacancy in office of county attorney. 87-76. Resignation by county officers; acceptance and withdrawal. 90-1. Residency requirements for election to and filling vacancies in county offices. 95-93. CASE ANNOTATIONS 1. General policy of constitution and legislature, people elect officers. Hagerty v. Arnold, 13 Kan. 367, 382; Rice v. Stevens, 25 Kan. 302, 307. 2. Appointee holds office until successor is elected and qualified. The State, ex rel., v. Mechem, 31 Kan. 435, 437, 2 P. 816. 3. Where court has two divisions, judges must act jointly. The State, ex rel., v. Meek, 86 Kan. 576, 581, 120 P. 555. 4. Sheriff appointed to fill vacancy; term; statutes construed. Moore v. Smith, 160 Kan. 167, 178, 160 P.2d 675. 5. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 949, 678 P.2d 146 (1984). 6. Cited in holding attorney hired under K.S.A. 19-717 not special prosecutor under K.S.A. 22-2202(17); cannot appeal dismissal of complaint. State v. Berg, 236 Kan. 562, 565, 694 P.2d 427 (1985). 7. Cited; attorney hired to assist prosecution (K.S.A. 19-717) subject to limited discovery under K.S.A. 22-3212. State v. Dressel, 241 Kan. 426, 434, 436, 738 P.2d 830 (1987): Reversing 11 Kan. App. 2d 552, 729 P.2d 1245 (1986). 8. Representation of defendant by appointed counsel who was temporary county attorney is not per se ineffective assistance of counsel. State v. Wallace, 258 Kan. 639, 651, 908 P.2d 1267 (1995). 9. Section cited in case involving motion to withdraw plea; defense counsel also special prosecution in separate case. State v. Adams, 284 Kan. 109, 123, 158 P.3d 977 (2007). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026