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

(Code 2021)

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 2021)

The official meeting time and place of the Municipal Court of Linn Valley, Kansas shall be on the third Tuesday of each month at 6:00 PM at the Linn Valley City Hall, unless said time or place are modified for good cause by order of the Municipal Judge.

(Ord. 12; Ord. 55; Ord. 86; Ord. 196; Code 2021)

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.

(C.O. No. 11; Code 2021)

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 2021)

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 2021)

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

(Code 2021)

(a)   There is hereby established the office of the clerk of the municipal court which office shall be filled by appointment by the governing body. If such clerk is not appointed the judge shall also serve as clerk. 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:

(1)   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.

(2)   The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court.

(3)   The Clerk shall perform any and all other duties as may be now or hereafter provided by statute or ordinance of the City of Linn Valley, Kansas.

(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.

(K.S.A. Supp. 12-4108; Ord. 13; Code 2021)

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 2021)

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 2021)

A person shall be guilty of failure to appear before the municipal court if he or she willfully does any of the following acts.

(a)   Having been released on bond for appearance before the municipal court for trial or other proceeding, intentionally incurs a forfeiture of such appearance bond and fails to surrender himself or herself within 30 days following such forfeiture.

(b)   Having been released on bond upon being convicted of a public offense, intentionally incurs a forfeiture of such bond by failing to surrender himself or herself within 3 days after such conviction has become final. Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, is a person released on bond for appearance with in the meaning of this article.

(c)   The provisions of this article shall not apply to any person who forfeits a cash bond supplied pursuant to law or city ordinance upon an arrest for a traffic infraction.

(d)   Any person who violates any of the provisions, upon conviction thereof, shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) or more than five hundred dollars or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment.

(Ord. 14; Code 2021)

(a)   No persons shall be assessed costs for the administration of justice in any municipal court case, except for cases docketed for court appearance. In such cases where the accused person is found guilty, the court costs shall be assessed against the accused person. If the accused person is unable to pay the costs assessed against him, they shall be and remain a judgment against him which may be enforced as judgments for payment of money in civil cases. It shall be the duty of the clerk of the court to issue execution for unpaid fines and costs at least once each year.

(b)   If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his or her 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. At the conclusion of each municipal court case, the court shall, where applicable, assess the costs against the party responsible for payment and shall cause to be delivered to such responsible party a complete statement of the costs, specifying each item of service and the fee assessed for such service.

(c)   Costs shall be in the amount of seventy-eight dollars and fifty cents ($78.50) per case and applicable fingerprint fees, plus mileage, subpoena and witness costs for the defense witnesses authorized by statute.

(K.S.A. 12-4112; C.O. No. 2; C.O. No. 4; C.O. No. 5; C.O. No. 6; C.O. No. 8; Code 2021; Ord. 248)