District magistrate judges; jurisdiction, powers and duties; record; appeals

20-302b. District magistrate judges; jurisdiction, powers and duties; record; appeals. (a) Subject to assignment pursuant to K.S.A. 20-329, and amendments thereto, a district magistrate judge shall have the jurisdiction and power, in any case in which a violation of the laws of the state is charged, to conduct the trial of traffic infractions, violations of the wildlife and parks laws of this state or rules and regulations adopted thereunder, cigarette or tobacco infractions or misdemeanor charges, to conduct felony first appearance hearings and the preliminary examination of felony charges and to hear misdemeanor or felony arraignments. A district magistrate judge shall have jurisdiction over uncontested actions for divorce. Except as otherwise specifically provided in this section, a district magistrate judge shall have jurisdiction over actions filed under the code of civil procedure for limited actions, K.S.A. 61-2801 et seq., and amendments thereto, and all other civil cases, and shall have concurrent jurisdiction, powers and duties with a district judge. Except with consent of the parties, or as otherwise specifically provided in this section, a district magistrate judge shall not have jurisdiction or cognizance over the following actions: (1) Any action, other than an action seeking judgment for an unsecured debt not sounding in tort and arising out of a contract for the provision of goods, services or money, in which the amount in controversy, exclusive of interests and costs, exceeds $10,000. The provisions of this subsection shall not apply to actions filed under the code of civil procedure for limited actions, K.S.A. 61-2801 et seq., and amendments thereto. In actions of replevin, the affidavit in replevin or the verified petition fixing the value of the property shall govern the jurisdiction. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code or to issue support orders as provided by subsection (a)(6); (2) actions against any officers of the state, or any subdivisions thereof, for misconduct in office; (3) actions for specific performance of contracts for real estate; (4) actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established. Nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in the acts contained in K.S.A. 61-3801 through 61-3808, and amendments thereto. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to hear any action pursuant to the Kansas probate code; (5) actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in the acts contained in article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto; (6) contested actions for divorce, separate maintenance or custody of minor children. Nothing in this paragraph shall be construed as limiting the power of a district magistrate judge to: (A) Except as provided in subsection (e), hear any action pursuant to the Kansas code for care of children or the revised Kansas juvenile justice code; (B) establish, modify or enforce orders of support, including, but not limited to, orders of support pursuant to the Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto, the uniform interstate family support act, K.S.A. 23-36,101 et seq., and amendments thereto, articles 29 or 30 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 39-709, 39-718b or 39-755 or K.S.A. 23-3101 through 23-3113, 38-2348, 38-2349 or 38-2350, and amendments thereto; or (C) enforce orders granting visitation rights or parenting time; (7) habeas corpus; (8) receiverships; (9) declaratory judgments; (10) mandamus and quo warranto; (11) injunctions; (12) class actions; and (13) actions pursuant to K.S.A. 59-29a01 et seq., and amendments thereto. (b) Notwithstanding the provisions of subsection (a), in the absence, disability or disqualification of a district judge, a district magistrate judge may: (1) Grant a restraining order, as provided in K.S.A. 60-902, and amendments thereto; (2) appoint a receiver, as provided in K.S.A. 60-1301, and amendments thereto; and (3) make any order authorized by K.S.A. 23-2707, and amendments thereto. (c) (1) Every action or proceeding before a district magistrate judge regularly admitted to practice law in Kansas shall be on the record if such action or proceeding would be on the record before a district judge. (2) In accordance with the limitations and procedures prescribed by law, and subject to any rules of the supreme court relating thereto, any appeal permitted to be taken from an order or final decision of a district magistrate judge: (A) Who is not regularly admitted to practice law in Kansas shall be tried and determined de novo by a district judge, except that in civil cases where a record was made of the action or proceeding before the district magistrate judge, the appeal shall be tried and determined on the record by a district judge; and (B) who is regularly admitted to practice law in Kansas shall be to the court of appeals. (d) Except as provided in subsection (e), upon motion of a party, the chief judge may reassign an action from a district magistrate judge to a district judge. (e) Upon motion of a party, the chief judge shall reassign a petition or motion requesting termination of parental rights pursuant to K.S.A. 38-2266 and 38-2267, and amendments thereto, from a district magistrate judge to a district judge. (f) This section shall apply to every action or proceeding on or after July 1, 2014, regardless of the date such action or proceeding was filed or commenced. History: L. 1976, ch. 146, § 13; L. 1977, ch. 112, § 2; L. 1979, ch. 92, § 12; L. 1979, ch. 80, § 2; L. 1983, ch. 140, § 3; L. 1984, ch. 39, § 31; L. 1985, ch. 115, § 30; L. 1986, ch. 115, § 32; L. 1986, ch. 137, § 1; L. 1986, ch. 137, § 2; L. 1990, ch. 212, § 1; L. 1992, ch. 312, § 30; L. 1995, ch. 193, § 11; L. 1996, ch. 214, § 23; L. 1998, ch. 148, § 1; L. 1999, ch. 159, § 1; L. 2000, ch. 171, § 3; L. 2001, ch. 157, § 1; L. 2004, ch. 71, § 6; L. 2006, ch. 169, § 92; L. 2007, ch. 195, § 10; L. 2011, ch. 26, § 40; L. 2012, ch. 162, § 30; L. 2014, ch. 71, § 1; L. 2015, ch. 53, § 1; L. 2023, ch. 7, § 18; July 1. Revisor's Note: Section was amended multiple times in 1996 session, see also 20-302c. Section was also amended by L. 1999, ch. 35, § 1 and L. 1999, ch. 57, § 13, but both of these versions were repealed by L. 1999, ch. 159, § 8. Section was amended multiple times in the 2000 session, see also 20-302d. Section was amended multiple times in 2006 session, see also 20-302e. Cross References to Related Sections: Appeal procedure, see 60-2103a. Expedited procedure, enforcement of support, parenting time and visitation, see 20-164. Law Review and Bar Journal References: "Administrative Law: Judicial Review of No Probable Cause Determinations," Jan E. Montgomery, 18 W.L.J. 335, 336 (1979). "Survey of Kansas Law: Wills, Trusts, and Probate," Richard C. Harris, 27 K.L.R. 365 (1979). "Kansas Enacts New Provisions for Child Support Enforcement-Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 105 (1985). "Family Law: Children Having Children—A Father's Age is Irrelevant for Purposes of Determining Parental Responsibility [State ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)]," Rebecca Proctor Wempe, 33 W.L.J. 247, 257 (1993). "2001 Legislative Wrap Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001). Kevin M. Smith, Independent Parental Fitness Experts in Child in Need of Care (CINC) Cases: More Objectivity in Parental Termination Cases Is in Everyone's Best Interests, 71 U. Kan. L. Rev. 729, 737 (2023). Attorney General's Opinions: Drivers' licenses; habitual violators. 79-42. CASE ANNOTATIONS 1. Cited; appeal properly taken to district court. In re Estate of Kempkes, 4 Kan. App. 2d 154, 156, 157, 603 P.2d 642. 2. In appeal from magistrate court in juvenile proceeding (K.S.A. 38-1501 et seq.), court must hear case as if originally filed. In re K.J., 12 Kan. App. 2d 188, 190, 737 P.2d 874 (1987). 3. Cited; requirement for trial de novo on appeal to district court (K.S.A. 38-1591) from proceeding pursuant to K.S.A. 38-1501 et seq. examined. In re K.J., 242 Kan. 418, 419, 748 P.2d 419 (1988). 4. Period for timely filing notice of appeal from judgment of magistrate court (K.S.A. 22-3609a) examined. State v. Wilson, 15 Kan. App. 2d 308, 312, 808 P.2d 434 (1991). 5. Prosecution of charges defendant acquitted of by magistrate court in de novo appeal to district court violates due process and double jeopardy. State v. Derusseau, 25 Kan. App. 2d 544, 545, 966 P.2d 694 (1998). 6. Mentioned; defendant has a right to appeal from a district magistrate judge any judgment. State v. Gillen, 39 Kan. App. 2d 461, 469, 181 P.3d 564 (2008). 7. Mentioned in case where district magistrate issued search warrant; a district judge would rule on motions to suppress. State v. Oliver, 39 Kan. App. 2d 1045, 1049, 186 P.3d 1220 (2008). 8. A district magistrate judge has jurisdiction to conduct felony arraignments and accept pleas. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009). 9. Appeals under K.S.A. 58-3509, court makes independent finding of facts and conclusions of law based on record below. Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009). 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