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.
Notes of Decisions
Cited in
6
cases, 1945–2007 · leading case:
State v. Adams, 158 P.3d 977 (Kan. 2007).
State v. Adams, 158 P.3d 977 (Kan. 2007).
· cites it 4× “When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.S.A. 19-715(a). K.S.A.…”
State v. Wallace, 908 P.2d 1267 (Kan. 1995).
· cites it 3× “K.S.A. 19-715 (b), (c). If Ward was the elected county attorney of Bourbon County or was appointed and qualified to fill the vacancy under K.”
Moore v. Smith, 160 P.2d 675 (Kan. 1945).
· cites it 2× “The pertinent provisions of the two statutes are the same: Section 19-715, G. S. 1935, provides: “In case of vacancy in the office of county attorney, by death, resignation or otherwise, the judge of the-district court shall appoint a county attorney, *179 who shall give bonds,…”
State Ex Rel. Rome v. Fountain, 678 P.2d 146 (Kan. 1984).
“In case of a vacancy in the office of county attorney, K.S.A. 19-715 permits the district judges of the judicial district in which the county is located to appoint a temporary county attorney until a person is appointed by the governor.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997).
· cites it 2× “19-711 or K.S.A. 19-715. See State v. Baker, 249 Kan.”
State v. Dressel, 738 P.2d 830 (Kan. 1987).
“ey or attorneys shall be recognized by the county attorney and court as associate counsel in such action or proceeding, and no prosecution shall be dismissed over the- objection of such associate counsel until the reason of the county attorney for such dismissal, together with…”
— K.S.A. § 19-715(a) — 2 cases
State v. Adams, 158 P.3d 977 (Kan. 2007).
“When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.S.A. 19-715(a). K.S.A.…”
State v. Wallace, 908 P.2d 1267 (Kan. 1995).
“K.S.A. 19-715 (b), (c). If Ward was the elected county attorney of Bourbon County or was appointed and qualified to fill the vacancy under K.”
— K.S.A. § 19-715(b) — 2 cases
State v. Adams, 158 P.3d 977 (Kan. 2007).
“When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.S.A. 19-715(a). K.S.A.…”
State v. Dressel, 738 P.2d 830 (Kan. 1987).
“ey or attorneys shall be recognized by the county attorney and court as associate counsel in such action or proceeding, and no prosecution shall be dismissed over the- objection of such associate counsel until the reason of the county attorney for such dismissal, together with…”
— K.S.A. § 19-715(c) — 1 case
State v. Adams, 158 P.3d 977 (Kan. 2007).
“When a vacancy occurs in the office of county attorney, the district judges of the judicial district in which the county is located appoint a person to serve as temporary county attorney until a person is appointed and qualifies to fill the vacancy under K.S.A. 19-715(a). K.S.A.…”
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