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Statutory History

The Judicial Council was created in 1927. It is established under K.S.A. 20-2201 et seq.. Members of the Council, its advisory committees and the Kansas Commission on Judicial Performance are authorized compensation and allowances under K.S.A. 20-2206. The Judicial Council’s duties with respect to the Kansas Commission on Judicial Performance are found at K.S.A. 20-3201, 20-3206, and 20-3207.

Operations

The Judicial Council is responsible for an ongoing study of the judicial branch of government. It recommends options for improvement in the administration of justice to both the Legislature and Supreme Court. Projects are initiated by the Council, assigned by the Legislature, and requested by the Supreme Court. Council work may involve drafting legislation and court rules, writing books and manuals, publishing forms, preparing jury instructions, and making reports and recommendations.

The Council has ten members, eight of whom are appointed by the Chief Justice of the Supreme Court as follows: one member of the Supreme Court, one member of the Court of Appeals, two district court judges, and four practicing attorneys. The Chairs of the House and Senate Judiciary Committees are also members.

The Judicial Council uses advisory committees to assist in various projects. Advisory committees of the Judicial Council include Administrative Procedure, Appeals from Termination of Parental Rights, Appellate Procedure, Civil Code, Criminal Law, Death Penalty, Eminent Domain, End of Life Decisions, Estate Tax, Family Law, Guardianship and Conservatorship, Homeowners' Association (2009 HB 2253), Inspector General (2009 SB 141), Juvenile Offender / Child in Need of Care, Legal Forms, Municipal Court Manual, PIK (Pattern Instructions for Kansas) - Civil, PIK (Pattern Instructions for Kansas) - Criminal, and Probate Law.

The Judicial Council provides staffing and quarters for the Kansas Commission on Judicial Performance, and the funding for the Commission is included in the Judicial Council’s budget. The Judicial Council currently provides administrative services for the Criminal Code Recodification Commission which was created by the 2007 Legislature. Funding for the Recodification Commission is also included in the Judicial Council’s budget. The Criminal Code Recodification Commission is not scheduled to be a part of the Judicial Council's budget after FY 2010.

Examples of recently enacted legislation recommended by the Judicial Council include legislation enacting the Kansas False Claims Act; enactment of revisions to the Kansas Administrative Procedures Act and the Act for Judicial Review; enactment of the Uniform Prudent Management of Institutional Funds Act; enactment of amendments to the Kansas Code of Civil Procedure relating to electronic discovery; and legislation requiring additional information about persons proposed to serve as guardians and conservators and requiring that persons appointed as guardians and conservators complete a basic instructional program concerning their duties and responsibilities.