CHAPTER 9. MUNICIPAL COURTCHAPTER 9. MUNICIPAL COURT\Article 1. General Provisions

A municipal court for the City of Hiawatha, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 2007)

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 2007)

Municipal court shall be held on such days and at such hours, and in the location as the municipal judge designates.

(Code 2007)

The municipal court shall be presided over by a municipal judge. The governing body shall appoint the judge of the municipal court.

(Code 2007)

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 2007)

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 2007)

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

(Code 2007)

There is hereby established the office of the clerk of the municipal court of the City of Hiawatha, 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.

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

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

(K.S.A. Supp. 12-4108; Code 2007)

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 2007)

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 2007)

(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 30 days and/or a fine of up to $250.00.

(Code 2007)

No person shall be assessed costs for the administration of justice in any municipal court case, except for cases docketed for court appearance. In such cases where the accused person pleads guilty or nolo contendere, or is found guilty, the court costs shall be assessed against the accused person. If the accused person is unable to pay the costs assessed against him or her, said costs may be enforced as a judgment for payment of money in a civil case. The amount of the court costs to be assessed by the municipal court shall be reviewed annually by the municipal judge. A recommendation will be forwarded to the governing body for adoption by resolution. Court costs will be set per case. Mileage, subpoena and witness costs will be set and approved by the municipal judge. In cases involving drug or alcohol offenses an additional court cost of $25.00 will be assessed. A set amount of court costs assessed shall be paid by the city clerk to state treasurer as is provided by K.S.A. 12-4116 and K.S.A 12-4117, and amendments thereto.

(Ord. 964, Sec. 1; Code 2007)

9-113.        Same; digital forensic laboratory fee.

(a)   Any person convicted, or diverted or adjudicated or diverted under a prejudication program pursuant to K.S.A. 22-2906 et seq. or K.S.A. 38-2346 et seq. or K.S.A. 12-4414 et seq. or amendments thereto or an ordinance violation of the City Code of Hiawatha, Kansas, or of a misdemeanor or felony contained in Chapter 21, 41 or 65 of the Kansas Statutes Annotated, or a violation of K.S.A. 8-2144 or K.S.A. 8-1567 and amendments thereto shall pay separate court costs of $250.00 to the Hiawatha Police Department for each device in which a Digital Forensic Exam was provided by the employee of the Hiawatha Police Department wherein provided in connection with the investigation for the violations of the above charges.

(b)   Such fees shall be in addition to and not in substitution for any or all fines or penalties otherwise provided by City Ordinance or law or such offense. Such charge shall be assessed to all criminal defendants whether Municipal Court or any other Court.

(c)   Distribution from the City Police Department investigation Digital Forensic Laboratory Fee deposited into a special account with the City of Hiawatha Police Department for such Digital Forensic Laboratory Analysis and materials shall be distributed as follows:

(1)   Providing criminalistic laboratory services;

(2)   Purchase and maintenance of equipment for use by the laboratory in performing such digital analysis;

(3)   Education, training, scientific development of the City of Hiawatha Police Department Investigation Personnel; and

(4)   Fees received into this fund shall be supplemental to regular apportionments to the City of Hiawatha Police Department.

(d)   Distribution from the City Police Department investigation Digital Forensic Laboratory Fee deposited into a special account with the City of Hiawatha Police Department for such Digital Forensic Laboratory Analysis and materials shall be distributed as follows:

(1)   Providing criminalistic laboratory services;

(2)   Purchase and maintenance of equipment for use by the laboratory in performing such digital analysis;

(3)   Education, training, scientific development of the City of Hiawatha Police Department Investigation Personnel; and

(4)   Fees received into this fund shall be supplemental to regular apportionments to the City of Hiawatha Police Department.

(e)   This same $250.00 fee shall be charged by the City Police Department of Hiawatha, Kansas to any other law enforcement agency of the State of Kansas or any other law enforcement agency of any municipality in this state or any other state this same fee to be collected law enforcement agency as that law enforcement agency sees fit whether by payment or by making said fee and additional court cost pursuant to this section.

(Ord. 2051)