Kansas Statutes

§ 22-2301 — Commencement of prosecution

Kansas § 22-2301
JurisdictionKansas
Ch. 22CRIMINAL PROCEDURE
Art. 23PRELIMINARY PROCEEDINGS

This text of Kansas § 22-2301 (Commencement of prosecution) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kan. Stat. Ann. § 22-2301 (2026).

Text

(1)Unless otherwise provided by law, a prosecution shall be commenced by filing a complaint with a magistrate. A copy of the complaint shall forthwith be supplied to the county attorney of the county and a copy thereof shall be furnished to the defendant or said defendant's attorney upon request.
(2)A judge of the district court may in extreme cases, upon affidavits filed with such judge of the commission of a crime, order the county attorney to institute criminal proceedings against any person, but any such judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with any other judge appointed to preside therein.

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Related

State v. Keys
510 P.3d 706 (Supreme Court of Kansas, 2022)
70 case citations
State v. Mincey
963 P.2d 403 (Supreme Court of Kansas, 1998)
57 case citations
State Ex Rel. Rome v. Fountain
678 P.2d 146 (Supreme Court of Kansas, 1984)
28 case citations
State v. Lieurance
782 P.2d 1246 (Court of Appeals of Kansas, 1989)
16 case citations
State v. Priest
722 P.2d 576 (Supreme Court of Kansas, 1986)
15 case citations
State v. Bristor
682 P.2d 122 (Court of Appeals of Kansas, 1984)
10 case citations
State v. Jordan
537 P.3d 443 (Supreme Court of Kansas, 2023)
8 case citations
State v. Martens
42 P.3d 142 (Supreme Court of Kansas, 2002)
5 case citations
Ruebke v. State
720 P.2d 1141 (Court of Appeals of Kansas, 1986)
3 case citations
Nichols v. Kansas Governmental Ethics Commission
18 P.3d 270 (Court of Appeals of Kansas, 2001)
2 case citations
State v. Bird
482 P.3d 1157 (Court of Appeals of Kansas, 2021)
2 case citations
State v. Waterman
540 P.3d 378 (Court of Appeals of Kansas, 2023)
1 case citations
Attorney General Opinion No.
(Kansas Attorney General Reports, 2008)
In re Williams
528 B.R. 814 (D. Kansas, 2015)
Linlor v. Holman
(D. Kansas, 2025)
State v. Dunn
(Supreme Court of Kansas, 2016)

Legislative History

L. 1970, ch. 129, § 22-2301; L. 1976, ch. 163, § 2; January 10, 1977.

Nearby Sections

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Bluebook (online)
Kansas § 22-2301, Counsel Stack Legal Research, https://law.counselstack.com/statute/ks/22-2301.