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Kansas Statutes Annotated

K.S.A. § 43-168 (2026)

Death, sickness or disability of judge in jury trial

✓ current as of May 2026
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43-168. Death, sickness or disability of judge in jury trial. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, another judge sitting in or assigned to the court in which the action is being tried, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.

History: L. 1971, ch. 176, § 17; July 1.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2000–2024 · leading case: State v. Boyd, 9 P.3d 1273 (Kan. Ct. App. 2000).
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State v. Boyd, 9 P.3d 1273 (Kan. Ct. App. 2000). · cites it 10× “The substitution of judges is governed by K.S.A. 43-168, which states: "If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, another judge sitting in or assigned to the court in which the action…”
State v. Adams, 30 P.3d 317 (Kan. Ct. App. 2001). · cites it 2× “Even if we were to apply the disability requirements for substitution of a trial judge found in K.S.A. 43-168, K.S.A. 60-263, or Federal Rule of Criminal Procedure 25(a), we find no reversible error.”
State v. Sweet (Kan. Ct. App. 2024). · cites it 6× “The State responds that Sweet was not prejudiced by the temporary substitution of judge solely for the ministerial act of receiving the jury's verdict.”
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