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Kansas Statutes Annotated

K.S.A. § 20-311 (2026)

Disqualification of judge to sit in certain cases

✓ current as of May 2026
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20-311. Disqualification of judge to sit in certain cases. In any contested civil or criminal case before a district court of this state, if any attorney of record or any party to such case is related, by blood or marriage to the judge before whom the same is pending, as a spouse, parent, child, grandchild, grandparent, brother or sister or is related to such judge as a result of being a spouse of any such parent, child, grandchild, grandparent, brother or sister, the judge shall be disqualified from hearing said case.

History: L. 1921, ch. 169, § 1; R.S. 1923, 20-311; L. 1933, ch. 168, § 3; L. 1947, ch. 222, § 1; L. 1976, ch. 145, § 84; January 10, 1977.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1972–2025 · leading case: State v. Logan, 689 P.2d 778 (Kan. 1984).
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State v. Logan, 689 P.2d 778 (Kan. 1984). · cites it 6× “Was the defendant herein denied a fair trial because the trial judge was partial to the prosecution? The motion for new trial was premised on K.S.A. 20-311 which provides: "In any contested civil or criminal case before a district court of this state, if any attorney of record…”
State v. Logan, 678 P.2d 181 (Kan. Ct. App. 1984). · cites it 6× “Noone, administrative judge for the Eighteenth Judicial District, did not err in refusing to disqualify Judge Ballinger from hearing the motion for a new trial, because that motion was premised on K.S.A. 20-311. The motion for disqualification and affidavit of prejudice were not…”
Hulme v. Woleslagel, 493 P.2d 541 (Kan. 1972). · cites it 3× “) The exercise of legislative choice in the matter is demonstrated in Kansas by the fact that attorneys were expressly included in providing for disqualification of judges on the ground of relationship (K.S.A. 20-311). Since the legislature has exercised its choice, I believe,…”
Carpenter v. State, 575 P.2d 26 (Kan. 1978). · cites it 3× “Judge Riggs informed both parties of the conversation and on July 25, 1975, petitioner filed an affidavit of prejudice against Judge Riggs, pursuant to K.S.A. 20-311 (now K.S.A. 1977 Supp. 20-311).”
State v. Waufle, 673 P.2d 109 (Kan. Ct. App. 1983). “2d 26 (1978), and stated: “The use of an affidavit of prejudice is controlled by K.S.A. 20-311. The statute prescribes the grounds for disqualification, as well as the time and manner by which the affidavit must be filed.”
In re the Marriage of Hutchison, 281 P.3d 1126 (Kan. Ct. App. 2012). “20-311d; instead, she inserted one sentence in her 21-page motion to reconsider that stated “[ujnder K.S.A. 20-311(b) [sic] this court should recuse herself from hearing any other proceedings in this case.”
MRB v. Sipple (Kan. Ct. App. 2025). “And the Sipples did not follow K.S.A. 20-311(d)'s procedures. Therefore, we cannot review their judicial bias argument because it is unpreserved for review.”
— K.S.A. § 20-311(b) — 1 case
In re the Marriage of Hutchison, 281 P.3d 1126 (Kan. Ct. App. 2012). “20-311d; instead, she inserted one sentence in her 21-page motion to reconsider that stated “[ujnder K.S.A. 20-311(b) [sic] this court should recuse herself from hearing any other proceedings in this case.”
— K.S.A. § 20-311(d) — 1 case
MRB v. Sipple (Kan. Ct. App. 2025). “And the Sipples did not follow K.S.A. 20-311(d)'s procedures. Therefore, we cannot review their judicial bias argument because it is unpreserved for review.”
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