Chapter 2.35
MUNICIPAL COURT
Sections:
2.35.01 Municipal court established.
2.35.02 Practice and procedure.
2.35.03 Time and place of sessions.
2.35.04 Municipal judge – Appointment.
2.35.05 Municipal judge – Absence – Vacancy – Pro tem.
2.35.06 Municipal judge – Powers and duties.
2.35.07 Municipal judge – Salary.
2.35.10 Payment of fine – Failure to pay separate violation.
2.35.01 Municipal court established.
There is hereby established a municipal court for the City of Baxter Springs, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city. (Code 1996 § 9-101)
2.35.02 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 1996 § 9-102)
2.35.03 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 1996 § 9-103)
2.35.04 Municipal judge – Appointment.
The municipal court shall be presided over by a municipal judge. The municipal judge shall be appointed as provided by Charter Ordinance No. 22. (C.O. No. 22 § 5. Code 1996 § 9-104)
2.35.05 Municipal judge – 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 1996 § 9-105)
2.35.06 Municipal judge – 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 1996 § 9-106)
2.35.07 Municipal judge – Salary.
The municipal judge shall receive a salary as shall be fixed by ordinance. (Code 1996 § 9-107)
2.35.08 Court clerk.
There is hereby established the office of the clerk of the municipal court of the City of Baxter Springs, Kansas. The duties of the clerk shall be those prescribed by the code for municipal courts set forth in Kansas Statutes, Chapter 12, Article 41, and any amendments thereto, and shall include the following duties:
(a) The clerk shall issue all processes 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 remit to the city clerk at least 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 such justice, 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 filed in the office of the city clerk, conditioned for the faithful performance of the duties required of such clerk by law, and for the faithful application and payment of all moneys that may come into his or her possession in the execution of the duties of the office. The city shall pay the cost of such bond.
(c) A majority of all members of the council may remove the clerk appointed under the authority of this chapter, or for good cause the mayor may suspend such appointed clerk. (K.S.A. Supp. 12-4108; Ord. 741. Code 1996 § 9-108)
2.35.09 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 1996 § 9-109)
2.35.10 Payment of fine – 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 chapter, regardless of the full payment of the fine after such time. (Code 1996 § 9-110)
2.35.11 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) of this section, failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself forthwith 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 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 180 days and/or a fine of up to $500.00. (Code 1996 § 9-111)
2.35.12 Court costs.
In each case, with the exception of parking violations and seat belt violations, brought in the municipal court of Baxter Springs, Kansas, there shall be costs assessed to such party as the court shall designate to defray the administrative expenses incurred therein. Costs shall be fixed in the amount of $95.00 per case filed which shall generally be inclusive of the fees and assessments imposed by the state of Kansas. The following additional costs shall be imposed by the court: $30.00 fingerprint/technology fee; $50.00 bench warrant service fee; and $0.30 per mile for warrant service.
In addition to all the foregoing costs, court costs may also include such additional amounts as may be necessary to be spent to compel the attendance of witnesses, for laboratory analysis, and for any other expenses, as determined within the discretion of the court as reasonably necessary for the proper administration of justice. (C.O. No. 14 § 2; Ord. 802 § 1; Ord. 906 § 1. Code 1996 § 9-112)