12-4101 Title.
12-4101. Title. This act is called and may be cited as the Kansas code of procedure for municipal courts. History: L. 1973, ch. 61, § 12-4101; April 1, 1974.
12-4102 Scope.
12-4102. Scope. This code governs the practice and procedure in all cases in municipal courts. History: L. 1973, ch. 61, § 12-4102; April 1, 1974.
12-4103 Intent; construction; procedure not provided.
12-4103. Intent; construction; procedure not provided. This code is intended to provide for the just determination of every proceeding for violation of city ordinances. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. If no procedure is provided by this code, the court […]
12-4104 Municipal court; jurisdiction; search warrants proscribed.
12-4104. Municipal court; jurisdiction; search warrants proscribed. (a) The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city, including concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance violation are the same as the elements […]
12-4105 Municipal judge; appointment; qualifications; compensation.
12-4105. Municipal judge; appointment; qualifications; compensation. The municipal court shall be presided over by a municipal judge. The judge shall be selected in the manner provided by statute. The person who is selected shall be: (a) A citizen of the United States; (b) a graduate of a high school or secondary school or the equivalent […]
12-4106 Municipal judge; powers and duties.
12-4106. Municipal judge; powers and duties. (a) The municipal judge shall have the power to administer the oaths and enforce all orders, rules and judgments made by such municipal judge, and may fine or imprison for contempt in the same manner and to the same extent as a judge of the district court. (b) The […]
12-4107 Same; absence; vacancy; pro tem.
12-4107. 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 […]
12-4108 Clerk of the municipal court; appointment; powers and duties; execution of bond.
12-4108. Clerk of the municipal court; appointment; powers and duties; execution of bond. The governing body of each city may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk. The clerk shall issue […]
12-4109 Municipal court; courtroom, supplies, records; sessions, time, place.
12-4109. Municipal court; courtroom, supplies, records; sessions, time, place. Each city shall provide at the expense of the city a suitable courtroom for the municipal court, together with all necessary supplies and records. Municipal court shall be held at such time and places designated by ordinance. History: L. 1973, ch. 61, § 12-4109; April 1, […]
12-4110 City attorney to prosecute.
12-4110. City attorney to prosecute. The city attorney, in person or by assistants, shall prosecute all causes in the municipal court. History: L. 1973, ch. 61, § 12-4110; April 1, 1974.
12-4111 Law enforcement officers; employment; powers.
12-4111. Law enforcement officers; employment; powers. The governing body may employ law enforcement officers who shall have power to execute all process issued by any municipal judge within the state and delivered to him or her for that purpose, to detain persons, to place them in custody, and to arrest them, pursuant to the terms […]
12-4112 Costs.
12-4112. Costs. No person shall be assessed costs for the administration of justice in any municipal court case, except for: (a) Witness fees and mileage as set forth in K.S.A. 12-4411, and amendments thereto; (b) the assessment required by K.S.A. 12-4116, and amendments thereto; (c) the assessment required by K.S.A. 12-4117, and amendments thereto; and […]
12-4113 Definitions.
12-4113. Definitions. As used in this act: (a) “Appearance bond” means an undertaking, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking. (b) “Accused person” means a person, corporation or other legal entity accused by a complaint of the […]
12-4114 Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court.
12-4114. Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court. (a) Any person who holds the position of municipal judge in any city in this state on January 1, 1990, and any person who thereafter becomes a municipal judge in any city in this state who has not been admitted to […]
12-4116 Judicial branch education fund; assessments against municipal cases.
12-4116. Judicial branch education fund; assessments against municipal cases. In each case filed in municipal court where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, a sum in an amount not to exceed $1 shall be assessed for the training, testing […]
12-4117 Municipal court assessments.
12-4117. Municipal court assessments. (a) In each case filed in municipal court other than a nonmoving traffic violation, where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in an amount of $22.50 shall be assessed and such assessment shall […]
12-4118 Performance of marriage ceremonies by municipal judge; disposition of honorariums.
12-4118. Performance of marriage ceremonies by municipal judge; disposition of honorariums. A municipal judge may retain any honorarium received for such judge’s services in performing a marriage ceremony, except when such services are performed between the hours of eight o’clock a.m. and five o’clock p.m. on a day when the court is regularly open for […]
12-4119 Collection of debts owed to municipal courts or restitution; contracts for collection.
12-4119. Collection of debts owed to municipal courts or restitution; contracts for collection. (a) Cities are authorized to enter into contracts for collection services for debts owed to municipal courts or restitution owed under an order of restitution. On and after July 1, 2007, the cost of collection shall be paid by the defendant as […]
12-4120 Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund.
12-4120. Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund. (a) On and after July 1, 2012, the amount of $250 from each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-1567 or 8-2,144, and amendments thereto, shall […]