Appeals from district magistrate judges not regularly admitted to practice law

22-3609a. Appeals from district magistrate judges not regularly admitted to practice law. (1) A defendant shall have the right to appeal to a district judge from any judgment of a district magistrate judge who is not regularly admitted to practice law in Kansas. The chief judge shall be responsible for assigning a district judge for any such appeal. The appeal shall stay all further proceedings upon the judgment appealed from. (2) An appeal to a district judge shall be taken by filing a notice of appeal with the clerk of the court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed. (3) The clerk of the district court shall deliver the complaint, warrant and any appearance bond to the district judge to whom such appeal is assigned. The case shall be tried de novo before the assigned district judge. (4) No advance payment of a docket fee shall be required when the appeal is taken. (5) All appeals taken by a defendant in misdemeanor cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be tried by the court unless a jury trial is requested in writing by the defendant. All appeals taken by a defendant in traffic infraction and cigarette or tobacco infraction cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to the court. (6) Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to subsection (c) of K.S.A. 22-2909, and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint. History: L. 1976, ch. 163, § 22; L. 1977, ch. 112, § 11; L. 1982, ch. 144, § 19; L. 1984, ch. 39, § 44; L. 1986, ch. 115, § 67; L. 1996, ch. 214, § 36; L. 1998, ch. 192, § 9; L. 1999, ch. 57, § 33; L. 2010, ch. 135, § 30; L. 2013, ch. 118, § 6; L. 2014, ch. 71, § 3; July 1. Law Review and Bar Journal References: "The New Kansas Drunk Driving Law: A Closer Look," Matthew D. Keenan, 31 K.L.R. 409 (1983). "Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997). "Giving Credit When Credit is Due, The Kansas Law on Jail Time Credit," Franklin R. Pierce, 69 J.K.B.A. No. 9, 22 (2000). CASE ANNOTATIONS 1. Refusal by trial court to order a lineup did not amount to finding of guilt. State v. Porter, 223 Kan. 114, 115, 574 P.2d 187. 2. Mentioned; the right to a speedy trial is applicable to criminal cases appealed to district courts from municipal court convictions. City of Overland Park v. Fricke, 226 Kan. 496, 499, 601 P.2d 1130. 3. State may reassert original (more serious) charge if defendant appeals conviction of lesser charge based on plea bargain. State v. Burkett, 231 Kan. 686, 687, 688, 690, 648 P.2d 716 (1982). 4. Order binding defendant over for arraignment not a "judgment" hereunder; statute applies to traffic, misdemeanor and other convictions under K.S.A. 22-2909(c). State v. Lashley, 233 Kan. 620, 624, 664 P.2d 1358 (1983). 5. Statute, being integral part of whole subject of act (L. 1982, ch. 144), not violative of Kansas Constitution, article 2, §16. State v. Reves, 233 Kan. 972, 976, 980, 666 P.2d 1190 (1983). 6. Cited; absence of defendant or counsel at misdemeanor appeal trial (K.S.A. 22-3405) where untimely request for jury (K.S.A. 22-3609) made discussed. City of Overland Park v. Barnett, 10 Kan. App. 2d 586, 593, 705 P.2d 564 (1985). 7. Motion for new trial does not suspend time for filing notice of appeal from magistrate's decision. State v. Wilson, 15 Kan. App. 2d 308, 312, 808 P.2d 434 (1991). 8. Whether a municipal court judgment requires both conviction and sentencing to be appealable examined. City of Halstead v. Mayfield, 19 Kan. App. 2d 186, 865 P.2d 222 (1994). 9. District magistrate must convict and impose sentence before defendant can appeal to district court for de novo review. State v. Remlinger, 266 Kan. 103, 104, 968 P.2d 671 (1998). 10. 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). 11. Criminal defendant is entitled to jury trial in appeal to district court after jury trial before magistrate. State v. Wright, 26 Kan. App. 2d 879, 995 P.2d 416 (2000). 12. Appeal from magistrate judge to district judge results in a de novo trial; all orders of magistrate judge are vacated including order suppressing evidence. State v. Rose, 29 Kan. App. 2d 355, 28 P.3d 431 (2001). 13. Defendant may appeal magistrate judge's order revoking probation to district court. State v. Legero, 31 Kan. App. 2d 897, 75 P.3d 273 (2003). 14. No appeal to district court from order of magistrate judge revoking defendant's probation. State v. Legero, 278 Kan. 109, 91 P.3d 1216 (2004). 15. A defendant has a right to appeal judgment before a district magistrate judge even if defendant pled guilty. State v. Gillen, 39 Kan. App. 2d 461 to 466, 469, 181 P.3d 564 (2008). 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