Judges: Carla J. Stovall, Attorney General of Kansas
Filed Date: 12/31/1997
Status: Precedential
Modified Date: 7/5/2016
The Honorable Jim D. Garner State Representative, 11th District 601 East 12th, P.O. Box 538 Coffeyville, Kansas 67337
Dear Representative Garner:
You request our opinion concerning K.S.A. 1996 Supp.
This term "retired judge" is not defined in chapter 23 of the Kansas Statutes Annotated nor does the legislative history illuminate the intent behind authorizing retired judges to officiate at marriage ceremonies. Therefore, we invoke the rule of in pari materia which provides that identical words or terms used in different statutes on the same subject may be interpreted to have the same meaning in the absence of anything in context to indicate that a different meaning was intended. Williams v. Board of Education of City of Wichita,
If willing, retired district court judges may be assigned by the Kansas Supreme Court to perform certain judicial duties. K.S.A.
"As used in the section, a retired justice or judge shall not include those justices or judges who were not retained in office, were not reelected to office, have been impeached from office or removed by the Supreme Court from office." (Emphasis added.)
Moreover, retired district court judges receive a copy of the Kansas Reports provided they are not practicing law and are willing to accept judicial assignments. K.S.A.
We also believe that an individual who formerly served as a district court judge does not become a "retired" judge for purposes of officiating at marriage ceremonies simply because the individual is receiving benefits from the Kansas Public Employees Retirement System fund (KPERS). Our review of K.S.A.
Moreover, a judge who retires upon reaching a certain age with, in some cases, a specific number of years of service may receive an annuity which amount is determined by the judge's final annual salary which is the average highest annual salary paid for any three years of the last ten years of service "immediately preceding retirement or termination of employment." K.S.A.
Very truly yours,
CARLA J. STOVALL Attorney General of Kansas
Mary Feighny Assistant Attorney General
CJS:JLM:MF:jm