Chapter 9 · Municipal Court

Article 1. General Provisions

Sections 9-101 to 9-107 · 7 sections

9-101 Municipal court established.

There is hereby established a municipal court for the city. The municipal court shall have jurisdiction to hear and determine cases involving violations of the laws of the city.

(Code 1984)

9-102 Municipal judge; appointment.

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.

(Code 1984)

9-103 Same; salary.

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

(Code 1984)

9-104 Bonding clerk.

A bonding clerk shall be appointed by the city council. The bonding clerk shall receive and safely keep all cash bonds subject to the order and direction of the municipal judge concerning their disposition. The bond clerk shall have no authority other than to hold cash bonds posted with him or her according to law and to deliver the same to the municipal judge or such other city officer as the judge may direct.

(Code 1984)

9-105 Court costs.

(a)General Costs. In addition to other assessments made by the Municipal Court of South Hutchinson, Kansas, there is hereby established a court cost of $85.00 to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of South Hutchinson, Kansas; provided that no such costs shall be assessed for a violation or charge for violating a section of the Code which involves a parking violation, other than a charge for a violation of a regulation relating, to handicapped parking.

(b)Attorney’s Fees. As part of the court costs, the Municipal Court shall also assess to the Defendant, if convicted, the amount of attorney fees and costs expended by the City if the defendant was represented by court-appointed counsel. In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentence the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(c)Incarceration Fees. As part of the court costs, a fee in the amount of Forty Dollar ($40.00) per day will be assessed against a defendant in each case in which said defendant is incarcerated pursuant to an order of the Municipal Court Judge for a maximum period of ten (10) days. In the event a defendant, is ordered to serve a jail sentence in excess of ten (10) days with respect to a specific case, the Forty Dollar ($40.00) per day fee will be assessed for the first ten (10) days only, with respect to that specific case.

(d)Expungement Fees. As part of the court costs, the Municipal Court shall assess the sum of $75.00 for each expungement ordered by the Court.

(e)Warrant Fees. The Municipal Court shall assess as court costs the sum of $50.00 against each person named or described in an arrest warrant made by the Municipal Court Judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.

(K.S.A. 12-4112; C.O. No. 9; C.O. No. 11; Ord. 18-898)

9-106 Judicial continuing education fee.

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 and continuing judicial education of municipal judges as provided in K.S.A. 12-4114, and amendments thereof. The judge or clerk of the municipal court of South Hutchinson, Kansas, shall remit at least monthly all assessments received pursuant to this section to the state treasurer for deposit in the state treasury to the credit of the Judicial Branch Education Fund. The specific amount of the assessment shall be fixed by order of the supreme court and shall apply uniformly to all cities. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases.

(Ord. 92-571)

9-107 Local law enforcement training reimbursement fund.

In each case filed in Municipal Court charging a crime other than a non-moving 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 the amount of Nine Dollars ($9.00) shall be assessed and such assessment shall be credited pursuant to the provisions of K.S.A. 12-4117 and amendments thereto.

(Ord. 02-692)