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SENATE BILL No. 204
AN ACT concerning courts; relating to county law libraries; providing that the attorney
members of the board of trustees of the county law library in certain counties shall be
appointed by the chief judge of the judicial district; allowing the board to authorize
the chief judge to use certain fees for the purpose of facilitating and enhancing
functions of the district court of the county; relating to records in criminal and
juvenile offender cases; requiring the sealing of certain records related to case
information, warrants and subpoenas; amending K.S.A. 20-3127 and K.S.A. 2024
Supp. 60-2617 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-3127 is hereby amended to read as follows:
20-3127. (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 the county law library. A board of trustees, appointed as
provided in this section, shall have the management and control of such
library and shall use the fees paid for registration, and all other sums,
books, or library materials or equipment donated or provided by law,
for the purpose of establishing and maintaining such library. Such
library shall be established or maintained in the county courthouse or
other suitable place to be provided and maintained by the county
commissioners of such county, including acquiring and maintaining
materials 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. The district judge or district judges of the district court,
members of the bar who have registered and paid the fee provided for
in K.S.A. 20-3126, and amendments thereto, judges of all other courts
in the county and county officials shall have the right to use the library
in accordance with the rules and regulations established by the board of
trustees. The board of trustees shall develop guidelines to provide
members of the public reasonable access to the law library.
(b) (1) The board of trustees of any law library established or
governed under this act in Johnson, Sedgwick and Douglas counties
shall consist of the following five members:
(A) Two judges of the district court, appointed by a consensus of
all judges of the district court in such county; and
(B) three members of such county's bar association, appointed by
selection of the county bar association pursuant to the county bar
association's bylaws for two-year terms.
(2) The board of trustees of the law library in all other counties
shall consist of the district judge or judges of the district court presiding
in such county and not less fewer than two attorneys who shall be
elected for two-year terms by a majority of the attorneys residing in the
county reside in such county, appointed by the chief judge of the
judicial district.
(c) The clerk of the district court of the county shall be treasurer of
the library and shall safely keep the funds of such library and disburse
them as the trustees shall direct. The clerk shall be liable on an official
bond for any failure, refusal or neglect in performing such duties.
(d) The board of county commissioners of any county designated
an urban area pursuant to K.S.A. 19-2654, and amendments thereto,
wherein in which an election has been held to come under the
provisions of this act is hereby authorized to appoint, by and with the
advice and consent of the board of trustees of the law library of such
county, a librarian, who and library assistants as are necessary to
perform the duties of administering the law library. Such librarian shall
act as custodian of the law library of such county and shall assist in the
performance of the clerk's duties as treasurer thereof, and such
assistants as are necessary to perform the duties of administering the
law of the library. The librarian and any assistants so appointed shall be
employees of the county under the supervision of the board of county
commissioners, or the board's designated official, with the advice and
SENATE BILL No. 204—page 2
recommendations of the board of trustees of the law library, and shall
be subject to the personnel policies and procedures established by the
board of county commissioners for all employees of the county. The
librarian and any assistants shall receive as compensation such salaries
and benefits as established by the law library board of trustees, subject
to the approval of the board of county commissioners, which . Such
salaries and benefits shall be payable from the general fund of the
county, through the county payroll process, from funds budgeted and
made available by the law library board of trustees for that purpose
through the collection of fees or other funds authorized by this act.
(e) All attorneys registered under this act shall not be liable to pay
any occupational tax or city license fees levied under the laws of this
state by any municipality.
(f) (1) Except as provided by subsection (f)(2), the board of
trustees of a county law library established pursuant to this section may
authorize the chief judge of the judicial district to use fees collected
pursuant to K.S.A. 20-3126 and 20-3129, and amendments thereto, for
the purpose of facilitating and enhancing functions of the district court
of the county. No judge shall participate in any decision made by the
board of trustees of a county law library pursuant to this paragraph to
authorize the chief judge of the judicial district to use fees collected
pursuant to K.S.A. 20-3126 and 20-3129, and amendments thereto.
(2) The provisions of subsection (f)(1) shall not apply to the board
of trustees of any law library established in Johnson and Sedgwick
counties.
Sec. 2. K.S.A. 2024 Supp. 60-2617 is hereby amended to read as
follows: 60-2617. (a) (1) Upon filing of a criminal case or a case
pursuant to the revised Kansas juvenile justice code in which an arrest
warrant is being sought, the case shall be sealed by the court until such
warrant has been executed or the request for such warrant is denied.
(2) All subpoenas issued in a criminal case or a case pursuant to
the revised Kansas juvenile justice code shall be sealed by the court
and a subpoena shall only be unsealed if the court makes a finding that
unsealing such subpoena is in the interest of justice.
(3) The provisions of this subsection shall apply retroactively to
any case or warrant information or subpoenas that are currently
pending.
(4) Nothing in this subsection shall:
(A) Prohibit disclosure of warrant information, subpoenas ,
returns of service or other case information to law enforcement for the
purposes of executing a warrant or serving a subpoena; or
(B) apply to a warrant issued pursuant to K.S.A. 22-2807, and
amendments thereto.
(5) As used in this subsection, "seal" means that no information
related to a case or warrant, including the existence of such case or
warrant, shall be made available to the public. Subpoenas and returns
of service for subpoenas shall not be made available to the public.
(b) In a civil or criminal case, the court, upon the court's own
motion, may hold a hearing or any party may request a hearing to seal
or redact the court records or to close a court proceeding. Reasonable
notice of a hearing to seal or redact court records or to close a court
proceeding shall be given to all parties in the case. In a criminal case,
reasonable notice of a hearing to seal or redact court records or to close
a court proceeding shall also be given to the victim, if ascertainable.
(b)(c) After the hearing, the court may order the court files and
records in the proceeding, or any part thereof, to be sealed or redacted
or the court proceeding closed. If the court grants such an order, before
closing proceedings or granting leave to file under seal, the court shall
make and enter a written finding of good cause.
SENATE BILL No. 204—page 3
(c)(d) In granting the order, the court shall recognize that the
public has a paramount interest in all that occurs in a case, whether at
trial or during discovery and in understanding disputes that are
presented to a public forum for resolution.
(d)(e) Good cause to close a proceeding or seal or redact records,
whether upon the motion of a party, or on the court's own motion, does
not exist unless the court makes a finding on the record that there exists
an identified safety, property or privacy interest of a litigant or a public
or private harm that predominates the case and such interest or harm
outweighs the strong public interest in access to the court record and
proceedings.
(e)(f) Agreement of the parties shall be considered by the court but
shall not constitute the sole basis for the sealing or redaction of court
records or for closing the court proceeding.
(f)(g) The provisions of this section shall not apply to proceedings
under the revised Kansas code for care of children, K.S.A. 38-2201 et
seq., and amendments thereto, the revised Kansas juvenile justice code,
K.S.A. 38-2301 et seq., and amendments thereto, the Kansas adoption
and relinquishment act, K.S.A. 59-2111 et seq., and amendments
thereto, to supreme court rules which allow motions, briefs, opinions
and orders of the court to identify parties by initials or by familial
relationship or to supreme court rules which require appellate court
deliberations to be kept in strict confidence. Nothing in this section
shall be construed to prohibit the issuance of a protective order
pursuant to subsection (c) of K.S.A. 60- 226(c), and amendments
thereto.
(g)(h) The provisions of this section shall not preclude a court
from allowing a settlement which includes a confidentiality clause to be
filed under seal where the interests of justice would be served by such
settlement being filed under seal.
Sec. 3. K.S.A. 20-3127 and K.S.A. 2024 Supp. 60-2617 are
hereby repealed.
SENATE BILL No. 204—page 4
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.