Ambrosier v. Brownback

The opinion of the court was delivered by

Beier, J.:

This original mandamus action brought by the chief judge and two district court judges of the 26th Judicial District of Kansas against Governor Sam Brownback asks this court to compel the governor to appoint an interim district magistrate judge immediately under the authority of K.S.A. 2015 Supp. 25-312a.

We hold that a 90-day time limit set out in the statute is directory rather than mandatory under our precedent. This means that the timing of the governors appointment is discretionary rather than ministerial. Mandamus cannot be invoked to…