Chapter IX · Municipal Court

ARTICLE 1. GENERAL PROVISIONS

Sections 9-101 to 9-113 · 13 sections

9-101 Municipal court established.

There is hereby established a municipal court for the City of Kiowa, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 1988)

9-102 Same; practice and procedure.

The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the municipal court.

(Code 1988)

9-103 Time and place of sessions.

Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates.

(Code 1988)

9-104 Municipal judge; appointment.

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court.

(Code 1988)

9-105 Same; absence; vacancy; pro tem.

In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as judge pro tempore. In the event the municipal judge fails to appoint a judge pro tempore, the judge pro tempore shall be appointed in the same manner as the municipal judge is selected. The judge pro tempore shall receive compensation as shall be provided by ordinance, payable in the same manner as the compensation of the regular municipal judge.

In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.

(K.S.A. 12-4107; Code 1988)

9-106 Same; powers and duties.

The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto.

(Code 1988)

9-107 Same; salary.

The municipal judge shall receive a salary as shall be fixed by ordinance.

(Code 1988)

9-108 Court clerk

There is hereby established the office of the clerk of the municipal court of the City of Kiowa, Kansas, which office shall filled by appointment by the municipal judge of the municipal court. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes, and shall include the following duties:

(a)The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk shall make reports to the judicial administrator and furnish the information when requested by him, her or a departmental justice on such forms furnished by the judicial administrator, and approved by the supreme court.

(b)The clerk of the municipal court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall be approved by the governing body, and file in the office of the city clerk, conditioned for the faithful performance of the duties required of him or her by law, and for the faithful application and payment of all moneys that may come into his or her hands in the execution of the duties of the office. The city shall pay the cost of such bond.

(c)The monthly salary of the clerk shall be fixed by ordinance.

(d)A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the mayor may temporarily suspend any such appointed clerk.

(Code 1988)

9-109 Payment of fine.

Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine.

(Code 1988)

9-110 Same; failure to pay separate violation.

It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due. Such conduct constitutes a violation of this article, regardless of the full payment of the fine after such time.

(Code 1988)

9-111 Failure to appear.

(a)It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.

(b)For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bend for appearance before the municipal court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.

(c)Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b) of this section.

(d)Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.

(Code 1988)

9-112 Municipal court costs.

Costs may be assessed against accused persons for the administration of justice in any Municipal Court case where the accused person is found guilty or where the accused person pleads guilty or nolo contendere. The costs shall be assessed in accordance with the terms herein contained.

If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.

At the conclusion of each municipal court case, the court shall, where applicable, assess the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

There shall be established by separate ordinance a court cost fee against each accused person who enters a plea of guilty, enters a plea of no contest or is found guilty of any violation of any ordinance of the City. Said costs shall be due at the time of the plea or conviction unless an extension is granted by the Judge of the Municipal Court and said costs shall be payable to the City of Kiowa, Kansas.

(C.O. No. 5; Ord. 319; Ord. 341; Ord. 372; Ord. 391; C.O. No. 13-1; C.O. No. 14; Code 2015)

9-113 Assessing court costs.

(a)In each case filed in Municipal Court, where there is a finding of guilty, a plea of guilty, a plea of no contest, forfeiture of bond or a diversion agreement filed, the defendant shall be assessed costs for the administration of justice as follows: $103 for any violation of any ordinance of the City regulating traffic on streets and highways as defined in subsection ( c) of K.S.A. 8-2118 and amendments thereto, and any cigarette, tobacco or curfew infraction. $103 for all violations of the Uniform Public Offense Code adopted by the City; all violations of the Standard Traffic Ordinances adopted by the City which are punishable by both a fine and imprisonment and all violations of the Code which are punishable by both fine and imprisonment. Plus all mileage, subpoenas, witness costs and other costs and expenses as provided by law.

(b)Warrant Fees. A fee of Fifty Dollars ($50.00) shall be assessed for each warrant issued, unless waived for good cause by the Municipal Court Judge.

(c)The $103.00 court costs collected as provided herein shall be disbursed as follows:

(1)$1.00 Local Law Enforcement Training Reimbursement Fund

(2)$11.50 Law Enforcement Training Center Fund

(3)$2.50 Kansas Commission on Peace Officers’ Standards and Training Fund

(4)$2.00 Juvenile Detention Facilities Fund

(5)$0.50 Protection from Abuse Fund

(6)$0.50 Crime Victims Assistance Fund

(7)$1.00 Trauma Fund

(8)$1.00 Department of Corrections Forensic Psychologist

(9)$5. 00 City of Kiowa D.A.R.E. Fund

The remaining court costs shall go to the General Fund of the City.

(d)For the purpose of determining the amounts to be assessed according to this section, if more than one complaint is filed against an individual arising out of the same incident, all such complaints shall be considered as one case.

(Ord. 18-454)