CHAPTER IX. MUNICIPAL COURTCHAPTER IX. MUNICIPAL COURT\ARTICLE 1. GENERAL PROVISIONS

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

(Code 1992)

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 1992)

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 1992)

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 1992)

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 1992)

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 1992)

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

(Code 1992)

There is hereby established the office of the clerk of the municipal court of the City of Kechi, Kansas, which office shall be 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.

(Code 1992)

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 1992)

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 1992)

(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 bond 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 six months and/or a fine of up to $500.

(Ord. 216, Secs. 1:2; Code 1992)

(a)   The municipal court judge shall prepare and file in the office of the clerk of the city a list of attorneys who are eligible for assignment to represent indigent persons accused or municipal offenses. Such list shall be prepared pursuant to guidelines established by the judge.

(b)   In all cases pending before the municipal court in which the defendant is subject to a sentence of a term of incarceration, the judge of the municipal court presiding at the defendant's first appearance shall advise the defendant, if he or she appears without counsel, that he or she is entitled to counsel unless defendant waives such entitlement, and that counsel will be appointed to represent the defendant if it is determined that the defendant is not financially able to employ an attorney.

(c)   If it is determined that the defendant is not able to employ counsel, as provided by subsection (d) of this section, the court shall appoint an attorney, unless the defendant waives his or her right to counsel, from the list provided in subsection (a)of this section, such appointment to be recorded on the disposition sheet of the case.

(d)   If, after the attorney's appointment, the attorney learns that the defendant has funds or other resources sufficient to enable the defendant to employ counsel, the attorney shall so advise the court and ask permission to withdraw from the case or to be permitted to accept compensation from the defendant for services.

(e)   When any defendant who is entitled to have the assistance of counsel claims to be financially unable to employ counsel, the court shall require that the defendant file an affidavit containing such information and in the form adopted by the municipal court judge. The court may interrogate the defendant under oath as to the contents of the affidavit, may require the defendant to produce evidence upon the issue of the defendant's financial condition, and may require the city attorney, a city law enforcement officer, or other municipal employee to investigate and report upon the financial condition of the defendant.

(f)   Upon the basis of the information provided for by subsection (e) of this section, the court shall determine whether the defendant is financially unable to employ counsel, In making such determination, the court shall consider the defendant's assets and income, the amount needed to support the defendant and the defendant's immediate family, the anticipated cost of effective representation by employed counsel, and any property conveyed by the defendant without adequate monetary consideration after commission of the alleged offense. If the defendant's assets and income are not sufficient to cover the anticipated cost of effective representation by employed counsel taking into account the nature of the proceedings, the defendant shall be determined indigent in full or in part and the court shall appoint an attorney as provided in subsection (c) of this section. If the court determines that the defendant is financially able to employ counsel, the court shall so advise the defendant and shall give the defendant a reasonable opportunity to employ an attorney of the defendant's own choosing. The determination that a defendant is indigent shall be subject to review at any time by the court,

(g)   The court shall inform the defendant for whom counsel is appointed that the amount expended by the city in providing counsel and other defense services may be entered as a judgment against the defendant if the defendant is convicted and found to be financially able to pay the amount and that an action to recover such amount may be brought against any person to whom the defendant may have transferred or conveyed any of the defendant's property without adequate monetary consideration after the date of the commission of the alleged crime. A determination by the court that the defendant is financially unable to employ counsel or pay other costs of the defendant's defense may preclude a recovery from any person to whom the defendant may have transferred or conveyed any property without adequate monetary consideration after the date of the commission of the alleged crime.

(h)   An attorney who performs services as provided herein shall be entitled to compensation at the conclusion of such services, Compensation for such services shall be paid in accordance with the standards provided herein, Claims for compensation shall be certified by the claimant and shall be reviewed and approved by the judge of the municipal court before whom the services were performed. Each claim shall be supported by a written statement specifying in detail the time expended, the services rendered, the expenses incurred, and any other compensation or reimbursement received. Upon review and approval by the judge of the municipal court, each claim for compensation shall be submitted to the clerk of the city who shall then be authorized to pay the claim.

(Ord. 199, Sec. 1)

(a)   Each person, firm, or corporation who has received a Citation or Notice to Appear in Municipal Court, and upon conviction of any charge therein, or who has received an order to pay a fine in lieu of said appearance, shall pay a Municipal Court Costs fixed in the amount of $84.00.

(b)   In addition to the Court costs assessment set forth above, any person convicted in the Municipal Court shall be assessed witness fees and mileage as set forth within K.S.A. 12-4411, and amendments thereto; for the assessment required by K.S.A. 2002 Sup. 20-1a11, and amendments thereto; for the Judicial Branch Education Fund; for the assessment required by K.S.A. 12-4117 and amendments thereto; for the Law Enforcement Training Center Fund established pursuant to K.S.A. 74-5619 and amendments thereto, the Local Law Enforcement Training Reimbursement Fund established pursuant to K.S.A. 74-5620, and amendments thereto, and the Juvenile Detention Facility’s Fund as provided in K.S.A. 12-4117 and amendments thereto, where applicable.

(c)   There shall be a $75 jail processing fee for each person arrested and booked into the Sedgwick County Jail or other detention facility utilized by the City of Kechi Police Department.

(d)   In addition to the foregoing costs, any Defendant convicted in the Kechi Municipal Court may be assessed such other costs as the Municipal Court may deem just and equitable including the costs associated with laboratory testing, expert witness fees, and court appointed attorneys fees to the extent that the Municipal Court Judge, after due consideration of the Defendant’s financial circumstances, believes that such costs may, in justice, be assessed.

(C.O. No. 19; Ord. 1642-11; Ord. 1675-15; Ord. 1706-17)

Court Appointed attorneys shall be paid the sum of $50.00 per hour for representation of Indigent defendants with a maximum fee payable under the following categories to-wit:

(a)   Driving under the influence of alcohol and/or drugs - Maximum Compensation of $250.00 for preparation and trial.

(b)   All other misdemeanor cases - Maximum Compensation of $250.00 for preparation and trial time.

(c)   All matters in which a guilty or nolo contendre plea is entered or in which diversion is granted - Maximum compensation of $150.00 for preparation and court time.

(Ord. 319, Sec. 2)

The Municipal Judge may assess the costs of the Court Appointed Attorney to a convicted defendant in addition to any other penalty, fine, or costs authorized by the City Code.

(Ord. 319, Sec. 3)