CHAPTER X. MUNICIPAL COURTCHAPTER X. MUNICIPAL COURT\ARTICLE 1. GENERAL PROVISIONS

The municipal court for the City of Anthony shall have jurisdiction to hear and determine cases involving violations of the ordinances and code of the city.

(Code 1982)

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)

The municipal court shall be presided over by a municipal judge. The mayor, with the consent of the commission, shall appoint the judge of the municipal court.

(K.S.A. 12-4105)

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.

(K.S.A. 12-4106; Code 1973, 10-102)

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

(Code 1973, 10-132)

The city shall provide a suitable room for the purpose of holding municipal court and the court shall be open every day except Saturday, Sunday and legal holidays.

(Code 1973, 10-103)

The city commission shall furnish the municipal judge with a suitable docket and all books and papers pertaining to his or her office of municipal judge. Upon appointment of a new municipal judge, all supplies and records pertaining to municipal court shall be turned over to his or her successor.

(Code 1973, 10-105)

Police officers shall attend sessions when the business of the court shall require such attendance.

(Code 1973, 10-108, 11-102; Code 1995)

The city attorney shall attend municipal court when the business of the court shall require such attendance and shall prosecute all charges before the court.

(Code 1973, 10-109)

(a)   The municipal judge shall, within the first three days of each month make out a list of all cases heard or tried before him or her during the preceding month. The report shall show the name of each defendant, disposition of the case, any fine assessed, cases appealed to district court and the amount of funds collected. The city clerk, upon receipt of the report, shall present the report to the city commission at its next meeting.

(b)   Upon filing the monthly report, the municipal judge shall pay over to the city all fines and forfeitures received by the court and shall receive from the city clerk a receipt for the same. All funds received from the municipal judge shall be deposited into the general fund of the city.

(Code 1973, 10-131)

In lieu of the provisions of K.S.A. 12-4112, the governing body of the City of Anthony, Kansas, hereby adopts the following provisions: every person found guilty of violation of the ordinances of the city shall be assessed costs for the administration of justice in the municipal court of the city, in the amount of $65.00 plus witness fees and mileage as set forth in K.S.A. 12-4411. Such costs may be altered at any time by ordinance.

(Ord. G-2732, Sec. 1; C.O. No. 9, Secs. 2:3; Code 2007)

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.

(Ord. 2808; Code 2016)

(a)   It shall be unlawful for any person charged with violation of any law of the city to foil 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).

(d)   Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 179 days and/or a fine of up to $1,000.00.

(Ord. 2808; Code 2016)