There is hereby established a municipal court for the City of Solomon, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(Code 1982; Code 1991, 10-101)
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 1982; Code 1991, 10-102)
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.
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 1982; Code 1990, 10-103)
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 2007)
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 1982, Code 1991, 10-104)
The municipal judge shall receive a salary as shall be fixed by ordinance.
(Code 1982, Code 1991, 10-105)
There is hereby established the office of the clerk of the municipal court of the City of Solomon, 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 2006)
(a) Whenever a person is arrested without warrant for the violation in the presence of an arresting officer of any ordinance of the City of Solomon, including any and all ordinances regulating traffic, for which a notice to appear is provided or which calls for such person to appear, and such person is not given an immediate hearing before the municipal judge, the arresting officer shall prepare in duplicate a written notice to appear in court. Said notice shall contain the name and address of such person and such other information as may be required by the municipal judge, including the offense charged and the time and place when such person shall appear in the municipal court.
(b) Such notice shall contain a written promise to appear to be signed by the person arrested. The time specified in said notice to appear must be at least five days after such arrest unless the person arrested shall demand an earlier hearing.
(c) The arrested person, in order to secure a release must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of said notice shall be retained by said officer and a copy thereof delivered to the person arrested. Thereupon, if no bond is required as provided by the court, the person arrested shall forthwith be released from custody.
(K.S.A. 12-4201, 12-4302; Ord. 251, Sec. 1; Code 1991, 10-106)
(a) Whenever a person is arrested for violation of any ordinance for which an appearance bond is authorized and the amount is fixed by this article, and such person is not given an immediate hearing, the officer, in addition to the requirements of 9-109, may require the person so arrested to give a cash bond in the amount specified by the court.
(b) Such bond shall be taken as follows: The arresting officer, upon payment of said bond, shall prepare a receipt in duplicate and shall deliver one copy to the person from whom the bond was obtained, together with a copy of the notice to appear. The duplicate copy shall, at the first opportunity be delivered to the municipal judge during business hours.
(K.S.A. 12-4301; Ord. 251, Sec. 2; Code 1991, 10-107)
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.
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.
(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.
(a) That in lieu of K.S.A. 21-4112, the City of Solomon hereby adopts the following schedule of court costs and fees to be charged in the Municipal Court of Solomon, Kansas, and the Traffic Bureau:
(b) The following line item funds shall be established and maintained within the general fund pursuant to this subsection:
(1) Criminal Justice Fund
(2) Incarceration Fee Fund
(c) For docketing any case and thereafter entering any final judgment or order and for any diversion: $110.00.
(1) $22.00 of the total court costs collected in each case shall be remitted to the State of Kansas for the Judicial Branch Surcharge.
(2) $1.00 of the total court costs collected in each case shall be remitted to the State of Kansas for the Municipal Judges Educational Fund
(3) $20.00 of the total court costs collected in each case shall be remitted to the State of Kansas for the Law Enforcement Training Fund
(4) $15.00 of the total court costs collected in each case shall be deposited into the City of Solomon Incarceration Fee Fund of the city general fund, subject to the following restrictions:
(A) Incarceration fees shall be used for reimbursement of other agencies for incarcerating City of Solomon prisoners incarcerated pursuant to orders of the municipal court or held pending bond on a misdemeanor municipal court case.
(B) Such fees may be transferred to the general fund on an annual basis upon a finding by the governing body that, subsequent to any annual transfer, the Incarceration Fee Fund retains sufficient funds to cover expected incarceration costs for the coming year.
(C) The Incarceration Fee Fund shall not be used for incarceration pursuant to any matter which involves a felony charge, care and treatment case, or for which the Solomon Municipal Court does not otherwise have jurisdiction.
(5) $52.00 of the total court costs shall be deposited into the Solomon Law Criminal Justice Fund and may be used for the following purposes:
(A) For payment of attorney fees properly charged against said fund for representation of indigent defendants, as provided by law, and approved by Municipal Judge.
(B) For payment of the cost of seminars attended by Court Officers, Clerks, and Judicial Officers of the Municipal Court of the City of Solomon, and approved by the Judge.
(C) For payment of equipment and supplies as required and approved by the Municipal Judge.
(D) For payment of drug and alcohol evaluations when required by law with the provision that the fee will be reimbursed to the city at the conclusion of the case.
(d) The city may transfer any excess, from the law enforcement fund or the incarceration fee fund, to the City General Fund once each year as ordered by the Governing Body upon a showing that enough remains in the funds to cover expected costs of the coming year.
(C.O. No. 11; Code 2007; C.O. No. 12; Ord. 631; Ord. 655; Ord. 695; Code 2016)
(a) The judge of the municipal court is hereby authorized to assess as a part of the 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 a 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 the per diem costs to the City of such incarceration.
(Ord. 568; Code 2007)