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.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1979–2026 · leading case:
State v. Legero, 91 P.3d 1216 (Kan. 2004).
State v. Legero, 91 P.3d 1216 (Kan. 2004).
· cites it 32× “: The narrow single issue in this case is whether a defendant in a criminal case whose probation has been revoked by a district magistrate judge may appeal the revocation to the district court under authority of K.S.A. 2003 Supp. 22-3609a. *110 FACTS The relevant facts and…”
State v. Wilson, 808 P.2d 434 (Kan. Ct. App. 1991).
· cites it 10× “22-3501 or K.S.A. 22-3609a. He contends the judgment in this case was rendered on the date of sentencing, August .”
City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985).
· cites it 12× “2d 782 [1972]), but inexplicably it does not appear in K.S.A. 22-3609a or K.S.A. 1984 Supp. 22-3609a.”
City of Salina v. Amador, 106 P.3d 1139 (Kan. 2005).
· cites it 9× “In ultimately concluding that the State was not precluded from asserting the original charges, we reasoned in part: “The quoted statute, K.S.A. 22-3609a [providing for an appeal from judgment of magistrate judge], gives defendant this privilege as a matter of right.”
State v. Hanson, 124 P.3d 486 (Kan. 2005).
· cites it 8× “Neither the majority nor the dissenting opinions considered the effect of Hanson’s appeal to the district judge or the application of K.S.A. 2001 Supp. 22-3609a, which governs appeals from district magistrate judges.”
State v. Lashley, 664 P.2d 1358 (Kan. 1983).
· cites it 2× “60-2103a, defendant states his right to appeal the district magis *624 trate judge’s ruling after the preliminary examination was provided by K.S.A. 1982 Supp. 22-3609a. It states in part: “(1) A defendant shall have the right to appeal from any judgment of a district magistrate…”
State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).
· cites it 30× “The issue is whether a magistrate's order revoking a defendant's misdemeanor probation is a judgment pursuant to K.S.A. 2002 Supp. 22-3609a, which can be appealed to the district court.”
State v. Burkett, 648 P.2d 716 (Kan. 1982).
· cites it 3× “K.S.A. 22-3609a provides: “(1) A defendant shall have the right to appeal from any judgment of a district *688 magistrate judge.”
State v. Remlinger, 968 P.2d 671 (Kan. 1998).
· cites it 3× “Prior to sentencing, defendant appealed pursuant to K.S.A. 1997 Supp. 22-3609a, requesting a trial de novo by a district judge.”
State v. Smith, 268 P.3d 1206 (Kan. Ct. App. 2011).
· cites it 2× “He then exercised his right to appeal to a district court judge under K.S.A. 22-3609a. Prior to trial, Smith filed a motion to suppress in which he argued that the Intoxilyzer 8000 test results should be suppressed because "the officers failed to comply with the Kansas…”
State v. Rose, 28 P.3d 431 (Kan. Ct. App. 2001).
· cites it 2× “*357 The sole issue presented on appeal is whether the district court erred in admitting the results of the breath alcohol test after the State failed to appeal an order of the district magistrate judge suppressing the results of the breath test.”
State v. JC Sports Bar, Inc., 861 P.2d 1334 (Kan. 1993).
“On appeal to the district judge pursuant to K.S.A. 22-3609a, both defendants were acquitted, and the State has now appealed.”
— K.S.A. § 22-3609a(1) — 6 cases
State v. Legero, 91 P.3d 1216 (Kan. 2004).
“: The narrow single issue in this case is whether a defendant in a criminal case whose probation has been revoked by a district magistrate judge may appeal the revocation to the district court under authority of K.S.A. 2003 Supp. 22-3609a. *110 FACTS The relevant facts and…”
State v. Wilson, 808 P.2d 434 (Kan. Ct. App. 1991).
“22-3501 or K.S.A. 22-3609a. He contends the judgment in this case was rendered on the date of sentencing, August .”
State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).
“The issue is whether a magistrate's order revoking a defendant's misdemeanor probation is a judgment pursuant to K.S.A. 2002 Supp. 22-3609a, which can be appealed to the district court.”
— K.S.A. § 22-3609a(3) — 2 cases
— K.S.A. § 22-3609a(5) — 2 cases
City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985).
“2d 782 [1972]), but inexplicably it does not appear in K.S.A. 22-3609a or K.S.A. 1984 Supp. 22-3609a.”
State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).
“The issue is whether a magistrate's order revoking a defendant's misdemeanor probation is a judgment pursuant to K.S.A. 2002 Supp. 22-3609a, which can be appealed to the district court.”
— K.S.A. § 22-3609a(a) — 1 case
— K.S.A. § 22-3609a(l) — 5 cases
State v. Legero, 91 P.3d 1216 (Kan. 2004).
“: The narrow single issue in this case is whether a defendant in a criminal case whose probation has been revoked by a district magistrate judge may appeal the revocation to the district court under authority of K.S.A. 2003 Supp. 22-3609a. *110 FACTS The relevant facts and…”
State v. Remlinger, 968 P.2d 671 (Kan. 1998).
“Prior to sentencing, defendant appealed pursuant to K.S.A. 1997 Supp. 22-3609a, requesting a trial de novo by a district judge.”
State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).
“The issue is whether a magistrate's order revoking a defendant's misdemeanor probation is a judgment pursuant to K.S.A. 2002 Supp. 22-3609a, which can be appealed to the district court.”
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