There is hereby established a municipal court for the City of Maize, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(Code 2003)
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 2003)
Municipal court shall be held in the Maize City Hall, located at 10100 West Grady Avenue, Maize, Kansas, on the 1st, 2nd, 3rd and 4th Wednesdays of each month starting at 4:00 p.m. In the event that a regularly scheduled municipal court session falls on a legal holiday, the municipal court judge shall have the authority to reschedule the session to another appropriate time.
(Ord. 931)
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 2003)
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 2003)
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 2003)
The municipal judge shall receive a salary as shall be fixed by ordinance.
(Code 2003)
There is hereby established the office of the clerk of the municipal court of the City of Maize, 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.
(K.S.A. Supp. 12-4108; Code 2003)
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 2003)
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 2003)
(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 $500.
(Code 2003)
(a) Court costs in all cases before the City of Maize, Kansas, Municipal Court shall include witness fees and mileage fees as allowed under K.S.A. 12-4411 and amendments thereto. In addition, court costs shall include the following in all cases, except cases involving parking violations:
(1) A $96.50 fee;
(2) A city police department training fee of ($13.50). This $110.00 in court costs includes all costs required to be assessed and collected by state statute.
(b) Costs may be assessed against accused persons for the administration of justice in any municipal court case where the accused person is found guilty, where the accused person pleads guilty or where a deferred judgment is entered. The costs shall be assessed in accordance with the terms herein contained. If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning their motives for instituting the prosecution. If, upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.
(Ord. 824; Ord. 916)
The judge of the municipal court shall prepare and file in the office of the city clerk of the city a list of attorneys who are eligible for appointment to represent persons determined indigent but stand accused of violations of the ordinances of the city that could potentially subject the accused person to incarceration. The nature and form of the appointment list shall be prepared at the direction of the municipal court judge.
(Ord. 393, Sec. 1)
(a) In all cases pending before the municipal court in which the court determines the defendant is subject to a sentence of a term of incarceration, the judge of the municipal court presiding at defendant’s first appearance shall advise the defendant, if he or she appears without counsel, that he or she is entitled to the appointment of counsel, unless the defendant waives such entitlement, and that legal counsel will be appointed to represent the defendant if it is determined by the court that the defendant is not financially able to employ an attorney to represent them in the case pending before the municipal court in which they are a defendant. If it is determined by the judge of the municipal court that the defendant is not able to employ legal counsel, the court shall then appoint an attorney, unless the defendant waives his or her right to legal counsel. The appointment of counsel shall be from the list provided for in section 9-113. Such appointment of counsel shall be recorded upon the court’s docket.
(b) If after the appointment of legal counsel, pursuant to this article, the counsel becomes at anytime aware that the defendant has funds or other resources sufficient to enable the defendant to employ legal counsel, the attorney shall so advise the court and ask permission to withdraw from the case, or alternatively to be permitted to accept compensation from the defendant for legal services rendered and to be rendered.
(Ord. 393, Secs. 2:3)
(a) When any defendant, who is entitled to have the assistance of legal counsel, claims to be financially unable to employ the counsel, the court shall require that the defendant file an affidavit with the court containing such information as the court may require, and in the form approved by the municipal court judge. The court may interrogate the defendant, under oath, regarding the contents of the affidavit, and may require the defendant to produce evidence upon the issue of defendant’s financial condition, and may require the city attorney, a city law enforcement officer, or other municipal court employee, to investigate the facts of the affidavit and report upon the financial condition of the defendant to the court prior to the appointment of legal counsel.
(b) In making such determination, the court shall consider the defendant’s assets and income, the amount of the assets and income needed to support the defendant and the defendant’s immediate family, and any property conveyed by the defendant without adequate monetary consideration, from and after the date of the commission of the alleged offense. If the defendant’s assets and income, as determined by the court, are not sufficient to enable the defendant to cover the anticipated cost of effective representation by private legal counsel, taking into account the nature of the proceedings pending before the court, the defendant shall be determined indigent, in full or in part, and the court shall appoint an attorney as provided in section 9-114(b). If the court determines that the defendant is financially able to employ legal 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.
(Ord. 393, Secs. 4:5)
In addition to or in lieu of any other sentence or the imposition of any other conditions of probation or suspension of sentencing authorized by law, whenever a person is found guilty of the violation of an ordinance, the municipal Court judge may order the person to:
(a) reimburse the City for all or a part of the reasonable expenditures by the City to provide counsel and other defense services to the defendant. In determining the amount and method of payment of such sum, the Court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the Court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the Court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the Court may waive payment of all or part of the amount due or modify the method of payment.
(b) reimburse the City for all or part of the expenditure (payment to Sedgwick County, Kansas) by the City to incarcerate the person, pre-conviction or post-conviction, in the Sedgwick County Adult Detention Facility. In determining the amount and method of payment of such sums, the Court shall take into account the financial resources of the defendant and the nature of the burden that payment of such sums will impose. A defendant who is not willfully in default in the payment thereof may at any time petition the municipal Court to waive payment of such sums or of any unpaid portion thereof. If it appears to the satisfaction of the municipal Court that payment of the amount will impose manifest hardship on the defendant or the defendant’s immediate family, the Court may waive payment or part of the amount due or modify the method of payment.
(Ord. 846)
An attorney who provides services as set forth in this article shall be entitled to compensation at the conclusion of the services. Compensation for the legal 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 legal services were performed. Each claim shall be supported by a written statement specifying in detail the time expended, the service rendered, the expenses incurred, and any other compensation for reimbursement received. Upon review and approval by the judge of the municipal court, each claim of compensation shall be submitted to the clerk of the municipal court, who shall then be authorized to pay the claim in accordance with the procedures of the city and the payment of city obligations.
(Ord. 393, Sec. 8)