Description of Judges

There are two types of judges of the district court: district judges and district magistrate judges. District Judges exercise the full power and authority of the court. District Magistrate Judges have jurisdiction over probate, juvenile offenders, child in need of care through the trials. Trials on misdemeanors, traffic, wildlife and parks citations,cigarette and tobacco infractions and limited civil actions, protection from abuse and stalking orders. Felony cases through arraignment. They may also determine child support orders. And they have concurrent jurisdiction with district judges in civil actions not exceeding $10,000.00 and not containing questions on real estate. They may sign arrest and search warrants in their districts.

Both district and district magistrate judges are selected in one of two ways, either by partisan election or selection by a judicial nominating commission. Clark County is in the 16th Judicial District which is an elected district, where the judges stand for partisan election every 4 years. The 16th Judicial District has 3 district judges and 5 district magistrate judges. The district judges stand for election in each of the 6 counties in the district, the district magistrate judges stand for election in their county of residence.

In merit selection districts, when a vacancy in a judgeship occurs, a judicial nominating commission interviews candidates and recommends two or three persons to the governor for consideration. The governor then appoints one of these as a judge to fill the vacancy. Judicial nominating commissions are made up of lawyers and non-lawyers who live in the district.

The district judge is a constitutional officer and at least one district judge or district magistrate judge is designated per county. In the multi-county districts a district judge covers all the counties in the district, the district magistrate judges may also cover more than one county. In the 16th District the magistrates travel to Ford County at least one day a week to hear cases. In the more populous counties, the district court may have several district judges.

The decisions of a district magistrate judge are appealable within the district court to a district judge. Appeals from decisions of district judges go to the Supreme Court or the Court of Appeals as specified by statute.


Clerk of the District Court Description

The clerk of the court is an officer of the district court. The clerk issues court processes which establish the power of the court to act in a case and keeps a record of the date and time subpoenas, summons, and warrants are returned to court endorsed with evidence of service on potential litigants and witnesses.

The clerk also issues post-judgment processes which enforce court mandates such as orders of garnishment, income withholding, attachments, execution by sale of personal or real property and the like. The clerk is charged with the critical function of keeping accurate records of the date, time, and manner in which petitions, answers, and motions of parties to a suit are served, received, and filed in the court.

By statute, the clerk of the court is the official custodian of all court records. Because the district court is a court of record, papers received must be carefully preserved for future reference (in case of an appeal) or as a historical record of events as well as the basis for changes in property or liberty rights. The clerk also ensures access to court records that are open to the public. The clerk is in charge of collecting, accounting for, and forwarding to the state treasurer's office money due to the state by operation of law. Besides managing finances, the clerk also supervises personnel matters and coordinates case management activities of the district court.

The clerk's jury management duties include insuring that summoning procedures are cost-effective yet meet the needs of the court with minimum disruption to the lives of the jurors summoned. Other managerial functions of the clerk include preparing payrolls, ensuring the latest version of forms are used and, in courts which have law libraries, acting as treasurer for the law library board.


Click here to go to the Sixteenth District Court of Kansas website for additional information and forms.

2010 and 2011 DOCKET FEE and SURCHARGE CHART
(Effective April 20, 2010 through June 30, 2011)
(Revised April 15, 2010)
* in addition to the statues provided, K.S.A. 2009 Supp. 28-177 provides authority for the Judicial Branch Surcharge Fund.
TYPE OF FEE	STATUTE	DOCKET FEE	SURCHARGE	TOTAL
CIVIL
Chapter 60	60-2001	$156.00	$17.50	$173.50
Domestic:	60-2001	$156.00	$17.50	$173.50
Post Decree Motion	60-1621	$42.00	$17.50	$59.50
Limited Actions:   <=$500	61-4001	$37.00	$15.00	$52.00
>$500 or <=$5,000	61-4001	$57.00	$15.00	$72.00
>=$5,000 or <=$25,000	61-4001	$103.00	$15.00	$118.00
Small Claims:     <=$500	61-2704	$39.00	$10.00	$49.00
>=$500 or <=$4,000	61-2704	$59.00	$10.00	$69.00
Transfer Limited to Civil:     Original $37.00	61-2910; 60-2001	$119.00	$17.50	$136.50
Original $57.00	61-2910; 60-2001	$99.00	$17.50	$116.50
Original $103.00	61-2910; 60-2001	$53.00	$17.50	$70.50
Order or Writ of Execution	60-2401	$0.00	$10.00	$10.00
Hearing in Aid of Execution	60-2419; 61-3604	$0.00	$10.00	$10.00
Order for Garnishment	60-729; 61-3502	$0.00	$10.00	$10.00
Writ or Order of Sale	60-2401; 61-3602	$0.00	$10.00	$10.00
BONDS, LIENS, JUDGMENTS
Post-Judgment Promotion of Ch. 60 to Ch.61	28-170	$24.00	$17.50	$41.50
Foreign Judgment (another state)	60-2001; 60-3005	$156.00	$17.50	$173.50
Foreign Judgment (another county)	60-2203a	$14.00	$17.50	$31.50
Tax Warrant	28-170; 79-3235	$24.00	$17.50	$41.50
Personal Property Tax Warrant	28-170; 79-2101	$14.00	$17.50	$31.50
Statutory Bond	28-170; 60-1110	$14.00	$17.50	$31.50
Hospital Lien	65-409	$5.00	$0.00	$0.00
Lis Pendens	28-170; 60-2203a	$14.00	$17.50	$31.50
Mechanic's Lien	28-170; 60-1102	$14.00	$17.50	$31.50
Notice of Intent to Perform	28-170; 60-1103	$14.00	$17.50	$31.50
Oil & Gas Mechanic's Lien	28-170; 55-209	$14.00	$17.50	$31.50
CRIMINAL
Murder/Manslaughter	28-172a	$182.50	$17.50	$200.00
Felony	28-172a	$173.00	$17.50	$190.50
Misdemeanor	28-172a	$138.00	$17.50	$155.50
Forfeited Recognizance	28-172a	$74.50	$17.50	$92.00
Expungement (conviction)	21-4619	$100.00	$15.00	$115.00
Expungement (arrest)	22-2410	$100.00	$15.00	$115.00
TRAFFIC	28-172a	$76.00	$17.50	$93.50
DL Reinstatement	8-2110	$59.00	$17.50	$76.50
FISH & GAME	28-172a	$76.00	$17.50	$93.50
WP Reinstatement	32-1049a	$50.00	$0.00	$0.00
JUVENILE
Offender	38-2314	$34.00	$17.50	$51.50
Child in Need of Care	38-2215	$34.00	$17.50	$51.50
Juvenile Tobacco	28-172a	$76.00	$17.50	$93.50
Expungement	38.2312	$100.00	$15.00	$115.00
PROBATE
Conservatorship &/or Guardianship	59-104	$71.50	$17.50	$89.00
Trusteeship	59-104	$71.50	$17.50	$89.00
Filing Will & Affidavit	59-104	$50.50	$17.50	$68.00
Determination of Descent of Property	59-104	$51.50	$17.50	$69.00
Probate of Estate or Will	59-104	$111.50	$17.50	$129.00
Refusal to Grant Letters of Administration	59-104	$50.50	$17.50	$68.00
Termination of Joint Tenancy	59-104	$50.50	$17.50	$68.00
Termination of Life Estate	59-104	$50.50	$17.50	$68.00
Adoption	59-104	$50.50	$17.50	$68.00
Certified Probate Proceedings (out of county)	59-104	$25.50	$17.50	$43.00
Decrees in Probate from Another State	59-104	$110.50	$17.50	$128.00
Care and Treatment:
Alcoholism or Drug Abuse	59-104	$36.50	$17.50	$54.00
Mentally Ill	59-104	$59.00	$17.50	$76.50
Commitment of Sexually Violent Predator	59-104	$35.50	$17.50	$53.00
Marriage License	23-108a	$59.00	$21.00	$80.00
APPEALS
Municipal Court Appeal	28-172a	$74.50	$17.50	$92.00
Appellate Courts	S.c.R. 2.04	$125.00	$10.00	$135.00