Chapter IX · Municipal Court

ARTICLE 1. GENERAL PROVISIONS

Sections 9-101 to 9-118 · 18 sections

9-101 Municipal court established.

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

(Code 2014)

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 2014)

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 2014)

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 2014)

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 2014)

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 2014)

9-107 Same; salary.

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

(Code 2014)

9-108 Court clerk.

There is hereby established the office of the clerk of the municipal court of the City of Marion, 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 2014)

9-109 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 2014)

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 2014)

9-111 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 article.

(d)Failure to appear, upon conviction thereof, shall be punishable by a fine of up to $50.

(Code 2014)

9-112 Court costs.

There shall be assessed against each person brought before the Municipal Court in the City of Marion, Kansas, as applicable, the following designated sums as court costs unless such person is found not guilty.

(a)Basic Court Costs: There shall be assessed against each person charged with a violation of an ordinance regulating public offenses a basic court cost in the amount of $110.00.

(1)Technology Fee: There shall be assessed against each person charged with a violation of an ordinance regulating public offenses a basic technology fee of $11.00 which is included within the basic court costs of the City of Marion.

(b)Bench Warrant Fee: There shall be assessed against each person charged with a violation of an ordinance regulating public offenses who, (1) fails or refuses to appear before the court or (2) fails to comply and as a result of (1) or (2) a bench warrant is issued due to their failure or refusal, a fee in the amount of $45.00.

In addition, thereto, there may be witness fees and mileage assessed against each person charged with a violation of the ordinance of the City as set for in K.S.A. 12-4411.

Said fees set forth above shall be designated as court costs.

The assessment and imposition of the court costs pursuant to this section shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof unless there is a determination of indigence by the court.

(C.O. No. 4 (91-1); C.O. No. 7 (95-1); C.O. No. 12 (06-01); Ord. 1359; Code 2014; Ord. 1401; Ord. 1454; C.O. No. 19 (20-01); Ord. 1460)

9-113 Housing fee.

A housing fee for the housing, transfer, and medical care of each inmate, consisting of the amount actually paid by the City of Marion, Kansas to the Marion County Jail, other facility, or medical provider, shall be hereby assessed against every inmate housed for violation of the Marion City Code or at the direction of the Marion Municipal Court, for each day prior and after conviction for an offense resulting in a conviction.

(Ord. 1389)

9-114 Notification and payment.

At the time of sentencing, the Municipal Court shall impose the Housing Fee and notify the Defendant/Inmate of the amount of such Housing Fee, if known at that time. If not paid in full at the time of sentencing, such Housing Fee shall be included in a single payment plan, along with the payments of costs and fines to the court. Any restitution, child support, court costs, or fines owed by any inmate shall take priority over the Housing Fee, however,

(Ord. 1389)

9-115 Waived and/or reduced fee.

If any inmate alleges the Housing Fee would create an undue hardship on the inmate, the inmate may, by motion of the Municipal Court request that such Housing Fee be whether such Housing Fee, in fact, create an undue hardship on the inmate. If the Municipal Court determines the Housing Fee will create an undue hardship, the Court shall waive or reduce the Housing Fee.

(Ord. 1389)

9-116 Failure to pay.

If the inmate fails to pay such Housing Fees, the City of Marion, Kansas with approval of the Marion County Jail, may garnish such inmate’s commissary account to recover such costs, if (a) the Municipal Court provided actual notice to the inmate that it intended to request garnishment and setting a reasonable deadline to challenge the proposed action by requesting a hearing with the Municipal Court; and (b) after hearing on the matter, if any, the Municipal Court determines the inmate owes the Municipal Court a Housing Fee, such Housing Fee has not been paid, and garnishment of the inmate’s commissary account is reasonable and proper. In addition to all other remedies available to the Court to collect the amount due should the inmate fail or refuse to make the promised payments under a Municipal Court ordered payment plan, the Court may forward the unpaid debt to the City Attorney or other authorized agency or contractor including Kansas Off-Set collection process.

(Ord. 1389)

9-117 Payment to municipal court clerk.

The inmate shall pay the Housing Fee charged pursuant to this article, by cash, check or money order, or upon approval of the Marion County Jail, by release of funds in the inmate’s commissary account. Any Housing Fees paid by the Inmate, by garnishment or otherwise, shall be paid to the Municipal Court Clerk and the entire amount will be deposited in the City’s General Fund.

(Ord. 1389)

9-118 Other reimbursement or compensation.

If the City of Marion, Kansas is otherwise entitled to receive reimbursement or compensation for the maintenance of an inmate who is required to pay a Housing Fee, and such reimbursement or compensation constitutes the entirety of the costs maintaining such inmate, the amount paid by such inmate shall be deducted from the amount of the other reimbursement or compensation to which the City is entitled.

(Ord. 1389)