22a-101.
Election of district attorneys in certain judicial districts; term; oath; bond; abolition of office of county attorney in said districts.
(a) From and after January 8, 1973, there shall be established in judicial districts 3, 10, 18 and 29 of the state the office of district attorney, whose title and style of office shall be district attorney of the (__________) (district number) judicial district. Commencing with the general election in 1972, and at the general election every four (4) years thereafter, a district attorney shall be elected in each judicial district for a term of four (4) years, commencing on the second Monday in January next following his election. Said district attorney is hereby declared to be an executive officer of the judicial district in which he is elected, with said office constituting a separate entity within said district for administrative purposes, and in no event shall said district attorney be deemed an officer of any county. Before entering upon the duties of his office, each district attorney shall take the oath of office required by law for public officers and shall execute a good and sufficient surety bond in the manner prescribed by K.S.A. 75-4101 et seq., and acts amendatory thereof.
(b) From and after January 8, 1973, the office of county attorney in each county contained in judicial districts 3, 10, 18 and 29 shall be and is hereby abolished, and there shall not be a county attorney elected for any such county at the general election in 1972: Provided, That each county attorney in office in any such county on the effective date of this act, or any successor to such county attorney, shall remain in office until a district attorney has been elected for the judicial district wherein such county is located and is qualified to take office. Immediately thereafter, each such county attorney shall surrender his office to said district attorney, along with all of the books, papers, records, property and funds in his hands by virtue of his office.
History:
L. 1972, ch. 71, § 1; L. 1973, ch. 146, § 1; April 18.
Notes of Decisions
Fugate v. Unified Gov't of Wyandotte Cnty./Kansas City, 161 F. Supp. 2d 1261 (D. Kan. 2001).
· cites it 2× “’s Office points out that although Kansas statutes prescribe the powers and duties of district attorneys and govern their election, see K.S.A. § 22a-101 et seq., no statute specifically authorizes a district attorney’s office to sue or be sued.”
McCormick v. Bd. of Shawnee Cnty. Comm'rs, 35 P.3d 815 (Kan. 2001).
“2d 311 (1985), and K.S.A. 22a-101 et seq., and found that the legislature had not created statutory capacity for the District Attorney’s office to be sued.”
McCormick v. Bd. of Shawnee Cnty. Comm'rs, 24 P.3d 739 (Kan. Ct. App. 2001).
“K.S.A. 22a-101(a). A district attorney appoints assistant district attorneys and other office staff and determines their rate of compensation.”
State v. Rollins, 941 P.2d 411 (Kan. Ct. App. 1997).
· cites it 2× “See K.S.A. 22a-101 to 22a-108. K.S.A. 22a-108(b) expressly states that the provisions of K.”
Stuart v. Douglas Cnty., 907 P.2d 919 (Kan. Ct. App. 1995).
“For our purposes, the earlier attorney general opinion (80-26) seems the better reasoned, providing a detailed analysis of why the opinion does not conflict with K.S.A. 22a-101 (essentially the same as 22a-108): The statutes establishing the district attorney as an officer of…”
Villanueva (ID 93933) v. Johnson Cnty. Dist. Attorney's Off. (D. Kan. 2025).
· cites it 4× “2016) (citing K.S.A. § 22a-101(a)1 (stating the district attorney is the “executive officer of the judicial district in which he is elected” and “in no event shall said district attorney be deemed an officer of any county”); Oltremari v.”
Hugo A. Villanueva v. Johnson Cnty. Dist. Attorney’s Off., et al. (D. Kan. 2025).
· cites it 4× “2016) (citing K.S.A. § 22a-101(a)1 (stating the district attorney is the “executive officer of the judicial district in which he is elected” and “in no event shall said district attorney be deemed an officer of any county”); Oltremari v.”
Langley (D. Kan. 2026).
· cites it 4× “2016) (citing K.S.A. § 22a-101(a)2 (stating the district attorney is the “executive officer of the judicial district in which he is elected” and “in no event shall said district attorney be deemed an officer of any county”); Oltremari v.”
— K.S.A. § 22a-101(a) — 5 cases
McCormick v. Bd. of Shawnee Cnty. Comm'rs, 24 P.3d 739 (Kan. Ct. App. 2001).
“K.S.A. 22a-101(a). A district attorney appoints assistant district attorneys and other office staff and determines their rate of compensation.”
Villanueva (ID 93933) v. Johnson Cnty. Dist. Attorney's Off. (D. Kan. 2025).
“2016) (citing K.S.A. § 22a-101(a)1 (stating the district attorney is the “executive officer of the judicial district in which he is elected” and “in no event shall said district attorney be deemed an officer of any county”); Oltremari v.”
Langley (D. Kan. 2026).
“2016) (citing K.S.A. § 22a-101(a)2 (stating the district attorney is the “executive officer of the judicial district in which he is elected” and “in no event shall said district attorney be deemed an officer of any county”); Oltremari v.”
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