22-3609a. Appeals from district magistrate judges not regularly admitted to practice law.

291 words·~1 min read·/ks/chapter-22/22-3609a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A defendant shall have the right to appeal to a district judge from any judgment of a district magistrate judge who is not regularly admitted to practice law in Kansas. The chief judge shall be responsible for assigning a district judge for any such appeal. The appeal shall stay all further proceedings upon the judgment appealed from.

(2)An appeal to a district judge shall be taken by filing a notice of appeal with the clerk of the court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed.

(3)The clerk of the district court shall deliver the complaint, warrant and any appearance bond to the district judge to whom such appeal is assigned. The case shall be tried de novo before the assigned district judge.

(4)No advance payment of a docket fee shall be required when the appeal is taken.

(5)All appeals taken by a defendant in misdemeanor cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be tried by the court unless a jury trial is requested in writing by the defendant. All appeals taken by a defendant in traffic infraction and cigarette or tobacco infraction cases from a district magistrate judge who is not regularly admitted to practice law in Kansas shall be to the court.

(6)Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to subsection

(c)of K.S.A. 22-2909 , and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint.