Chapter IX · Municipal Court

ARTICLE 1. GENERAL PROVISIONS

Sections 9-101 to 9-114 · 14 sections

9-101 Municipal court established.

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

(Code 2001)

9-102 Same; practice and procedure.

Except as specifically provided, 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 2001)

9-103 Time and place of sessions.

Municipal court shall be held in the conference room in the city hall building. Arraignment dockets shall be held on the second and fourth Tuesday of each month at 7:00 p.m., and a trial docket shall be held on the third Monday of each month at 1 :00 p.m. Municipal court may additionally be held on such other days and at such other hours as the Municipal Judge designates

(Code 2001; Code 2012; Ord. 754)

9-104 Municipal judge; appointment.

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 2001)

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 2001)

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 2001)

9-107 Same; salary.

The Municipal Judge shall receive a salary as shall be fixed by ordinance.

(Code 2001)

9-108 Court clerk.

There is hereby established the office of the clerk of the Municipal Court of the City of Goddard, 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 council may remove the clerk appointed under the authority of this article, or for good cause the Mayor may temporarily suspend any such appointed clerk.

(e)The Municipal Court Clerk may be an Assistant City Clerk for the City of Goddard.

(K.S.A. 12-4108; Code 2001)

9-109 Payment of fine.

Where a Municipal Court judgment against any person results in the imposition of a fine and/or court costs, the same shall be satisfied by paying the amount of such fine and/or court costs to the Municipal Court within thirty (30) days of the rendition of judgment, or at such time as the Municipal Judge shall determine.

If any person desires to pay the fine and/or court costs through installment payments, an additional $25.00 fee shall be assessed for that service. If the total amount of fines and/or court costs is $599.00 or less, the person may be given 90 days to pay upon payment of the $25.00 fee. If the total amount of fines and/or court costs is $600.00 or more, the person may be given 180 days to pay upon payment of the $25.00 fee. Installment payments shall be made monthly in equal amounts.

In no event shall the Municipal Court order that the time for payment of fines and/or court costs assessed under this Chapter be extended beyond 180 days from the date of the initial judgment.

(Code 2001; Ord. 754)

9-110 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 2001)

9-111 Failure to appear.

(a)Unless lawful excuse for absence is presented to the Court on or before the time and date scheduled for appearance, 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, under any of the following circumstances:

(1)After being released from custody on bond, with or without surety, or on his or her own recognizance;

(2)In response to a summons or notice to appear personally served on him or her; or

(3)By order of the court, communicated to said person orally or in writing.

(b)It shall be unlawful for any person to fail to surrender him or herself to the court within thirty days after his or her conviction of a misdemeanor has become final, when released on an appearance bond with or without surety, or upon his or her own recognizance.

(c)Upon conviction thereof, failure to appear, shall be punishable by incarceration for up to Six (6) months and/or a fine of up to One Thousand Dollars ($1,000.00).

(Code 2001)

9-112 Court costs.

The sum of $90.00 shall be assessed by the Municipal Court of the City of Goddard, Kansas against each accused person who enters a plea of guilty or nolo contendere, or is found guilty of any violation contained in any city ordinance and/or any section of the Code of the City of Goddard, Kansas. The cost shall be in addition to all state mandated costs and any costs assessed for a court appointed attorney, witness fees, and mileage, except for those violations for which court costs are prohibited by ordinance.

In addition to other costs provided for in this section, for each case that is set for trial to the Municipal Judge by the accused person or the accused person’s attorney, the sum of $25.00 shall be assessed as court costs against such accused unless the accused is found not guilty.

Fees and mileage for subpoenaed witnesses shall be assessed at the rate of $10.00 per day and $0.40 per mile actually driven in excess of twenty miles.

In the event a defendant has failed to appear at the original court date, the judge may issue a Notice to Appear and double all court costs and fines.

In addition to other costs provided for in this section, the sum of $50.00 shall be assessed against any person for whom a warrant is issued for failure to pay any fine, penalty or costs.

In addition to other costs provided for in this section, the sum of $50.00 shall be assessed against any person for whom a bench warrant and or show cause/probation violation warrant is ordered for a failure to appear in court or failure to comply with the terms of a deferred prosecution agreement or probation order.

(C.O. 4, Sec. 2, Ord. 504; Code 2001; Ord. 562; Ord. 589; Ord. 632; Ord. 699; Ord. 754)

9-113 Witness fees.

The fee for any witness subpoenaed to appear in the Municipal Court shall be set at Ten Dollars ($10.00). Mileage for any witness who shall be required to travel more than Ten (10) miles from his or her place of residence to the Goddard City Limits shall be set at $.20 per mile for every mile over Ten (10) miles from the Goddard City Limits. Such fees shall be assessed as costs of the action.

(Ord. 504, Sec. 2)

9-114 Post conviction motion costs.

The filing of a post conviction motion or application by a defendant shall be accompanied by a filing fee of Twenty-Five Dollars ($25.00). Provided that if the court makes a specific finding that the defendant is indigent and unable to pay such filing fee, the court may, at its discretion, waive the costs of filing such a motion or application.

(Ord. 504, Sec. 3)