ARTICLE 1. GENERAL PROVISIONS

9-101. MUNICIPAL COURT ESTABLISHED.

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

(Code 1987, 9-101; Code 2008)

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 2008)

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 1987, 9-103; Code 2008)

9-104. MAYOR TO CONTRACT FOR JUDICIAL SERVICES.

The mayor, with the consent of the council, shall contract with a law firm, other than the law firm which shall provide legal services to the city, to provide judicial services to the city as needed. (C.O. No. 3, Sec. 4)

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 1987, 9-116; Code 2008)

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 2008)

9-107. MUNICIPAL COURT CLERK.

The office of municipal court clerk is hereby established. The mayor shall appoint, by and with the consent of the city council, the municipal court clerk. The person so appointed shall hold the office until the annual appointment and reappointment of officers by the mayor.

(b)    The duties of the municipal court clerk shall be to prepare the paperwork needed by the municipal court judge, to attend sessions of the Nickerson municipal court, to receipt for fines, and such other duties as are assigned by the municipal judge. (Ord. 866, Sec. 1)

9-108. 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 2008)

9-109. 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 2008)

9-110. 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 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 2003)

9-111. COURT COSTS.

Court costs shall be assessed in the amount of $140.00 for every municipal court case in which a person is found guilty, pleads guilty or pleads nolo contendere. (Ord. 2008-08; Code 2014; Ord. 2015-07)

9-112. ASSESSMENT OF ATTORNEY’S FEES AGAINST INDIGENT DEFENDANTS.

(a)    The judge of the municipal court is hereby authorized to assess as a part of court costs against an indigent defendant for whom an attorney has been appointed by the court, upon a finding of “guilty,” a plea of “guilty” or a plea of “nolo contendere,” the costs and expenses incurred by the city for such court-appointed attorney.

(b)    The city prosecutor is hereby authorized, as part of a diversion agreement, to require an indigent defendant for whom an attorney has been appointed by the court to reimburse the city for attorney fees and expenses incurred by the city for such court appointed attorney.

(c)    In addition to the foregoing, and the costs assessed against the defendant as otherwise provided by ordinance of the city, the judge of the municipal court is hereby authorized to assess against a criminal defendant who has been found “guilty,” entered a plea of “guilty” or a plea of “nolo contendere,” the costs of incarceration of such defendant in the amount of per diem costs to the city of such incarceration. (Ord. 2015-02)