38-2382.
Appeals; procedure.
(a) An appeal from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge. The appeal shall be by trial de novo unless the parties agree to a de novo review on the record of the proceedings. The appeal shall be heard within 30 days from the date the notice of appeal was filed.
(b) Appeals from a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, shall be to the court of appeals.
(c) Procedure on appeal shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2006, ch. 169, § 82; L. 2014, ch. 71, § 5; July 1.
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2015–2026 · leading case:
In re M.M., 482 P.3d 583 (Kan. 2021).
In re M.M., 482 P.3d 583 (Kan. 2021).
“See K.S.A. 2019 Supp. 38-2382(a) ("An appeal from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge.”
In re A.B., 484 P.3d 226 (Kan. 2021).
“See K.S.A. 2020 Supp. 38-2382(c) (specifying that "[p]rocedure on appeal" under revised Kansas Juvenile Justice Code "shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated"); K.”
In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019).
“See K.S.A. 2018 Supp. 38-2380(b); K.S.A. 2018 Supp.”
In re J.P., 466 P.3d 454 (Kan. 2020).
“22-3601(a); K.S.A. 2019 Supp. 38-2382(b). It didn't do so after it found it lacked jurisdiction.”
In Re C.d.a.-c., 360 P.3d 443 (Kan. Ct. App. 2015).
“” K.S.A. 2014 Supp. 38-2380(b). The statute also instructs that an appellate court may not review any sentence that is within the presumptive sentence for the crime or any sentence resulting from an agreement between the State and the juvenile which the sentencing court approves…”
In re J.S.P., 439 P.3d 344 (Kan. Ct. App. 2019).
· cites it 2× “The appeal shall be pursuant to K.S.A. 2018 Supp. 38-2382, and amendments thereto.”
In re K.S. (Kan. Ct. App. 2026).
· cites it 3× “38-2380 and K.S.A. 38-2382 of the Revised Kansas Juvenile Justice Code on his docketing statement as the statutory authority for this appeal.”
Taylor v. Sedgwick Cnty. Bd. of Commissioners (D. Kan. 2019).
· cites it 2× “Kan. Stat. Ann. § 38-2382 collusive bad faith, harassment, or [some] other unusual circumstance that would call for equitable relief involving interstate commerce between interstate actors—claims for which there is inadequate remedy in state court or on appeal.”
K.S.A. § 38-2382(a): 1 case
In re M.M., 482 P.3d 583 (Kan. 2021).
“See K.S.A. 2019 Supp. 38-2382(a) ("An appeal from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to a district judge.”
K.S.A. § 38-2382(b): 1 case
In re J.P., 466 P.3d 454 (Kan. 2020).
“22-3601(a); K.S.A. 2019 Supp. 38-2382(b). It didn't do so after it found it lacked jurisdiction.”
K.S.A. § 38-2382(c): 2 cases
In re A.B., 484 P.3d 226 (Kan. 2021).
“See K.S.A. 2020 Supp. 38-2382(c) (specifying that "[p]rocedure on appeal" under revised Kansas Juvenile Justice Code "shall be governed by article 21 of chapter 60 of the Kansas Statutes Annotated"); K.”
In re I.A., 450 P.3d 347 (Kan. Ct. App. 2019).
“See K.S.A. 2018 Supp. 38-2380(b); K.S.A. 2018 Supp.”
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