Supreme Court converts magistrate position to district judge division in 12th Judicial District

TOPEKA—Chief Justice Marla Luckert has signed an order creating a new district judge division in the 12th Judicial District effective January 1. 
 
Administrative Order 2024-JA-096 converts district magistrate judge position number 1 in Cloud County into new district judge division number 2, also located in Cloud County.
 
The 12th Judicial District is composed of Cloud, Jewell, Lincoln, Mitchell, Republic, and Washington counties. 
 
Before the order takes effect, the district has one district judge division and six district magistrate judge positions. After, it will have two district judge divisions and five magistrate judge positions. 
 
Rationale for change
 
Luckert said the Supreme Court considered many factors when it decided to convert the magistrate judge position in Cloud County to a district judge division, including caseload data, population, attorney registration figures, and the distance between Concordia and other county seats within the judicial district. 
 
“We continually evaluate case filings and judge workloads to verify our courts are able to quickly and effectively process cases in service to our communities,” Luckert said. “We appreciate the Kansas Legislature also recognized this change was necessary and provided funding to support it.”
 
The 12th Judicial District is one of two six-county districts with only one district judge division. The 24th Judicial District is the other.
 
District judge role
 
The current distribution of judges in the six-county 12th Judicial District is one district magistrate judge position per county and one district judge division for the entire district. By statute, some cases must be heard by a district judge, so scheduling proceedings, hearings, and trials has become increasingly difficult for one district judge to manage. 
 
The one district judge in the 12th Judicial District is also the district’s chief judge, a situation that also exists in the 24th Judicial District.
 
A chief judge has, in addition to their judicial responsibilities, general control over case assignments within the district, as well as general supervisory authority over the administrative and clerical functions of the court. Adding a second district judge provides backup for the execution of these administrative duties if the chief judge is unavailable.
 
Authority and timing for change
 
Kansas law allows the Supreme Court to convert a magistrate judge position to a district judge division if it is deemed necessary to effectively expedite the business of the district court. The conversion can occur when a magistrate judge dies, resigns, retires, or is removed from office.  
 
Judge Guy Steier has given notice he will resign from district magistrate judge position number 1 in Cloud County effective January 1.
 
Filling new district judge division
 
The 12th Judicial District is a merit-selection district. In these districts, a judicial nominating commission announces it is accepting nominations and interviews the nominees.
 
The commission then recommends three to five people to the governor for consideration to fill the position according to statutory qualification and residency requirements.
 
The governor has 60 days after receiving the names to decide whom to appoint.