There is hereby established a municipal court for the City of Deerfield, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(Ord. 154, Sec. 2; Code 1985)
(a) The Kansas Code of Procedure for Municipal Courts, K.S.A. 12-4101 et seq., and amendments thereto, shall govern the practice and procedure in all cases in the municipal court insofar as it is not in conflict with any provision of this Code passed and adopted by the Governing Body pursuant to the authority of a charter ordinance.
(b) Nothing herein shall be construed to prevent the municipal judge from providing for any practice or procedure that is not in conflict with a procedure authorized by subsection (a).
(Ord. 154; Code 1985; Ord. 2020-02)
The officers of the municipal court shall be the municipal judge, the city attorney, and all law enforcement officers of the city.
(Ord. 154, Sec. 3)
The municipal court shall hold sessions on the 1st and 3rd Monday of each month, except on legal holidays, as the business thereof may require at the hour of 5:00 p.m., unless the municipal judge shall appoint a different time and hour.
(Code 2008)
The municipal court shall be presided over by a municipal judge. The mayor, with the consent of the council, shall appoint the judge of the municipal court. The person so appointed shall be a citizen of the United States and at least 18 years of age.
(Ord. 154, Sec. 4; Code 1985)
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 1985)
The municipal judge shall receive a salary as shall be established by the governing body.
(Code 1985)
(a) 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.
(b) 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.
(Ord. 154, Sec. 5; Code 1985)
The chief law enforcement officer, or an officer designated by him or her, shall attend all sessions of the court, and shall be present at the opening of each session. Other law enforcement officers shall attend the sessions when the business of the court requires such attendance.
(Ord. 154, Sec. 9)
(a) The clerk of the municipal court, or any designee thereof, and the municipal judge shall assess and collect court costs from each accused person in each action in municipal court as provided in subsection (b) of this section. Such court costs are based upon the cost of issuing process, administering oaths, filing and preserving all papers and records, docketing cases, setting cases for trial, and such further acts as may be compatible with the administration of justice.
(b) Court costs shall be assessed against an accused person for any ordinance violation disposed of by forfeiture of bond, by plea of guilty or no contest, by a finding of guilt after trial, or by diversion or other alternative resolution as follows:
(1) For all ordinance violations other than those specified in subsections (b)(2) and (b)(3) of this section: $111.00
(2) For all ordinance violations relating to the unlawful parking of vehicles pursuant, exclusively, to Sections 82 through 102 of the Standard Traffic Ordinance, as incorporated by reference in Section 14-101, and to Section 14-203: $5.00
(3) Notwithstanding the provisions of subsection (b)(1), no court costs shall be assessed for ordinance violations relating to seat belts pursuant to Section 182.1 of the Standard Traffic Ordinance, as incorporated by reference in Section 14-101.
(4) In the case of conflict between subsection (b) and any other ordinance, the provisions of the other ordinance shall apply.
(c) The City shall, insofar as applicable, remit to the State of Kansas the required assessments pursuant to K.S.A. 12-4116, 12-4117, and 12-4120, and amendments thereto, for only those costs that are assessed pursuant to subsection (b) and that are collected.
(d) Should the Kansas legislature or the Supreme Court of the State of Kansas, from time to time, increase required fees or assessments to be collected in municipal court, the costs designated in this section shall be increased by the clerk of the municipal court, or any designee thereof, in an amount necessary to adequately cover the increased required fee or assessment.
(e) Only one court cost shall be assessed for each single case number, regardless of the number of ordinance violations in the case.
(f) The application cost or program fee associated with a diversion agreement or any other alternative resolution for any ordinance violation shall be determined by the City Prosecutor but shall not be less than $150.00 and shall not exceed $500.00.
(g) The clerk of the municipal court may, at their sole discretion, determine the payment methods to be used for the payment of any costs in this section and for the payment of any fine imposed; provided, however, that the same payment methods must be generally available to all accused persons, absent an individualized suspicion of fraudulent activity or history.
(h) The clerk of the municipal court may provide for non-cash payment methods, including, but not limited to, electronic, digital, and mobile payments. The clerk of the municipal court may set a fee to be added to each non-cash transaction that is equal to the cost paid by or charged to the City for payment processing or the clerk of the municipal court may provide for a payment processing service that sets fees for and directly charges accused persons or their payors for non-cash transactions. Any fee related to a non-cash transaction for payment processing is to be paid by the accused person or their payor and said fee shall be paid in addition to other costs and fines. The clerk of the municipal court, or any designee thereof, shall provide notice of any such fee to an accused person or their payor at the time of payment.
(i) The clerk of the municipal court may provide for payment by personal or business checks. The acceptance of any check is conditional upon the satisfactory collection of the check. The clerk of the municipal court may establish fees for returned checks, but any such fee shall not be less than $20.00 and shall not exceed $100.00. Any such fee shall be paid by the accused person who drafted the returned check or by the accused person on whose behalf the returned check was presented. Any such fee shall be paid in addition to other costs and fines.
(j) The costs and fees assessed pursuant to this Section shall be in addition to the fine imposed.
(Ord. 2020-04)