A CHARTER ORDINANCE PERTAINING TO MUNICIPAL COURT COSTS.

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable and in the best interests of the City of Kiowa to elect to exempt itself from the provisions of Kansas Statutes Annotated 12-4112 and any amendments thereto, concerning the assessment of costs for the administration of justice in municipal court, and make the same inapplicable to the city; and,

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is desirable to assess and collect from accused persons found guilty or who plead guilty to charges against them in municipal court, costs of the administration of justice; and,

WHEREAS, the governing body of the City of Kiowa, Kansas, finds that it is in the best interests of the city to establish a fund comprised of a portion of said court costs for the purpose of training police personnel and payment of municipal court personnel.

Section 1. The city, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, elects to exempt itself from and make inapplicable to it K.S.A. 12-4112 and any amendments thereto; and to provide substitute and additional provisions as hereinafter set forth.

Section 2. Costs may be assessed against accused person for the administration of justice in any municipal court case where the accused person is found guilty or where the accused person pleads guilty. 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 persons 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.

Section 3. The costs in cases before the municipal court will be assessed as follows:

(a)   Each person who enters a plea of guilty, nolo contendere, or is found guilty of a violation of a law of the city shall be assessed the costs of administration of justice in the municipal court.  Costs shall be in the amount of $20 per case, plus mileage, subpoenas and witness costs as provided by law.

(b)   The $20 court costs collected as provided herein, shall be disbursed as follows:

(1)   $.50 shall be disbursed to the State of Kansas for the Municipal Court Report Judicial Branch Education Fund.

(2)   $5 to the Municipal Court Report of Local Law Enforcement Training Reimbursement Fund and Law Enforcement Training Center Fund.

(3)   $.50 to the Clerk of the District Court of Barber County, Kansas, for the support of the Barber County Law Library.

(4)   $1 shall be disbursed to the State of Kansas for the Family Violence and Child Abuse Assistance Program.

(5)   The remaining court costs shall go to the general fund of the city.

(10-10-1994)