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Article Index

 

the sole power to impeach. All impeachments shall be tried in the Senate, and when sitting for that purpose, the Senators shall take an oath to do justice according to the law and the evidence. No person shall be convicted without the concurrence of two-thirds of the Senators elected.

SEC. 28. The Governor, and all other officers under this Constitution, shall be subject to impeachment for any misdemeanor in office; but judgment in all such cases shall not be extended further than to removal from office, or disqualification to hold any office of profit, honor or trust under this Constitution; but the party whether convicted or acquitted, shall be liable to indictment, trial judgment and punishment, according to law.

Article III -- Judicial

SECTION 1. The judicial power of the State shall be vested in a Supreme Court, District Courts, Probate Courts justices of the peace, and such other courts, inferior to the Supreme Court, as may be provided by law, and all courts of record shall have a seal, to be used in the authentication of all process.

SEC. 2. The Supreme Court shall consist of one Chief Justice and two Associate Justices,( a majority of whom shall constitute a quorum,) who shall be elected by the electors of the State at large,and whose term of office, after the first, shall be six years. At the first election, a Chief Justice shall be chosen for six years, one Associate Justice for four years, and one for two years.

SEC. 3. The Supreme Court shall have original jurisdiction in proceedings in quo warranto, mandamus and habeas corpus, and such appellate jurisdiction as may be provided by law. It shall hold one term each year at the seat of Government, and such other terms at such places as may be provided by law; and its jurisdiction shall be co-extensive with the State.

SEC. 4. There shall be appointed by the Justices of the Supreme Court a Reporter and Clerk of said court, who shall hold their offices for two years, and whose duties shall be prescribed by law.

SEC. 5. The State shall be divided into five judicial districts, in each of which there shall be elected, by the electors thereof, a District Judge, who shall hold his office for the term of four years. District Courts shall be held at such times and places as may be provided by law.

SEC. 6. The District Courts shall have such jurisdiction in their respective districts as may be provided by law.

SEC. 7. There shall be elected, in each organized county, a Clerk of the District Court, who shall hold his office two years, and whose duties shall be prescribed by law.

SEC. 8. There shall be a Probate Court in each county, which shall be a court of record, and have such probate jurisdiction and care of estates of deceased persons, minors, and persons of unsound minds, as may be prescribed by law, and shall have jurisdiction in cases of habeas corpus. This court shall consist of one Judge, who shall be elected by the qualified voters of the county, and hold his office two years. He shall be his own clerk and shall hold court at such times and received for compensation such fees as may be prescribed by law.

SEC. 9. Two justices of the peace shall be elected in each township, whose term of office shall be two years, and whose powers and duties shall be prescribed by law. The justices of the peace may be increased in any township by law.

SEC. 10. All appeals from Probate Courts and justices of the peace shall be to the district court.

SEC. 11. All the judicial officers provided by this article shall be elected at the first election under this constitution, and shall reside in their respective townships, counties or districts, during their respective terms of office. In case of vacancy in any judicial office, it shall be filled by appointment of the Governor, until the next regular election that shall occur more than thirty days after such vacancy shall have happened.

SEC. 12. All judicial officers shall hold their offices until their successors shall have been qualified.

SEC. 13. The Justices of the Supreme Court and the Judges of the District Court shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be increased during their respective terms of office: Provided, Such compensation shall not be less than fifteen hundred dollars to each justice or judge each year; and such justices or judges shall receive no fees or prerequisites, nor hold any other office of profit or trust under the authority of the State or the United States during the term of office for which said justices and Judges shall be elected, nor practice law in any of the courts of the State during their continuance in office.

SEC. 14. Provisions may be made by law for the increase of the number of judicial districts whenever two-thirds of the members of each house shall occur. Such districts shall be formed of compact territory and bounded by county lines, and such increase shall not vacate the office of any judge.

SEC. 15. Justices of the Supreme Court and Judges of the District Courts may be removed from office by resolution of both houses, if two-thirds of the members of each house concur; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice and opportunity to be heard.

SEC. 16. The several justices and judges of the courts of record in this State shall have such jurisdiction at chambers as may be provided by law.

SEC. 17. The style of all process shall be, "The State of Kansas;" and all prosecutions shall be carried on in the name of the State.

SEC. 18. Until otherwise provided by law, the First District shall consist of the counties of Wyandotte, Leavenworth, Jefferson and Jackson; the Second District shall consist of the counties of Atchison, Doniphan, Brown, Nemaha, Marshall, and Washington; the Third District shall consist of the counties of Pottawatomie, Riley, Clay, Dickinson, Davis, Wabaunsee, and Shawnee; the Fourth District shall consist of the counties of Douglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon, and Allen; the Fifth District shall consist of the counties of Osage, Coffey, Woodson, Greenwood, Madison, Breckinridge, Morris, Chase, Butler and Hunter.

SEC. 19. New or unorganized counties shall, by law, be attached for judicial purposes to the most convenient judicial districts.

SEC. 20. Provisions shall be made by law for the selection, by the bar, of a pro tem. Judge of the District Court, when the Judge is absent or otherwise unable or disqualified to sit in any case.

Article IV -- Elections

SECTION 1. All elections by the people shall be by ballot; and all elections by the Legislature shall be viva voce.

SEC. 2. General elections shall be held annually, on the Tuesday succeeding the first Monday in November. Township elections shall be held on the first Tuesday of April, until otherwise provided by law.

Article V -- Suffrage

SECTION 1. Every white male person, of twenty-one years and upward, belonging to either of the following classes, who shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote at least thirty days next preceding such election, shall be deemed a qualified elector: First, Citizens of the United States. Second, Persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization.