20-3127. Same; board of trustees; use of fees and donations; use of library; treasurer, duties; custodian and librarian and assistants in certain counties; duties, compensation; attorneys not liable t

20-3127

Chapter 20.--COURTS
Article 31.--CLERK OF DISTRICT COURT

      20-3127.   Same; board of trustees; use of fees and donations;use of library; treasurer, duties; custodian and librarian and assistantsin certain counties; duties, compensation; attorneys not liable to payoccupational tax or city license fee.(a) Except as provided further, all fees collected pursuant to K.S.A.20-3126, and amendments thereto, shall be used to establish and maintain thecounty law library. A board of trustees, appointed as provided in this section,shall have the management and control of suchlibrary and shall use the fees paid for registration, and all other sums,books, or library materials or equipment donated or provided by law, forthe purpose of establishing and maintaining such library in the countycourthouse or other suitable place to be provided and maintained by thecounty commissioners of such county, including acquiring and maintainingmaterials and technology that may, at the discretion of the board of trustees,be loaned to library users for use outside the premises of the library. Thedistrict judge or district judgesof the districtcourt, members of the bar who have registeredand paid the fee provided for in K.S.A. 20-3126, and amendments thereto,judges of all other courtsin the county and county officials shall have the right to use thelibrary in accordance with the rules and regulationsestablished by the board of trustees. The board of trustees shall developguidelines to provide members of the publicreasonable access to the law library.

      (b)   The board of trustees of any law library established orgoverned underthis act, and amendments thereto, in Johnsonand Sedgwick counties shallconsist of five members, two of which shall be judges of the district court,appointed by a consensus of all judges of the district court in those counties,and three of which shall be members of the Johnson or Sedgwick county barassociation, appointed by selection of the county bar association pursuant tothe Johnson or Sedgwick county bar association's bylaws for two-year terms. Theboard of trustees of the lawlibrary in all other counties shall consist of the district judge or judges ofthe district court presiding in such county and not less than two attorneys whoshall be elected for two-year terms by a majority of the attorneys residing inthe county.

      (c)   The clerk of the district court of the county shall be treasurer of thelibrary and shall safely keep the funds of such library and disburse themas the trustees shall direct. The clerk shall beliable on an official bond for any failure, refusal or neglect inperforming such duties.

      (d)   The board of county commissioners of any county designated an urban areapursuant to K.S.A. 19-2654, and amendments thereto, wherein an election hasbeen held to comeunder the provisions of this act is hereby authorized to appoint, by and withthe advice and consent of the board of trustees of the law library of suchcounty, a librarian, who shall act as custodian of the lawlibrary of such county and shall assist in the performance of the clerk'sduties as treasurer thereof, and such assistants as are necessary toperform the duties of administering the law library.The librarian and any assistants so appointed shall be employees of thecounty under the supervision of the board of county commissioners, or theboard's designated official, with the advice and recommendations of the boardof trustees of the law library, and shall be subject to the personnel policiesand procedures established by the board of county commissioners for allemployees of the county. The librarian and any assistants shall receive ascompensation such salaries and benefits as established by the law library boardof trustees, subject to the approval of the board of county commissioners,which shall be payable from the general fund of the county, through the countypayroll process, from funds budgeted and made available by the law libraryboard of trustees for that purpose through the collection of fees or otherfunds authorized by this act.

      (e)   All attorneys registered under this act shall not be liable to pay anyoccupational tax or city license fees levied under the laws of this state byany municipality.

      History:   L. 1967, ch. 137, § 2; L. 1968, ch. 306, § 2; L. 1974,ch. 118, § 1;L. 1975, ch. 159, § 1; L. 1976, ch. 125, § 1; L. 1976, ch. 151, §1;L. 1992, ch. 232, § 2;L. 1995, ch. 163, § 3;L. 2007, ch. 189, § 2; July 1.