[Code 1983; CC 2000 §9-101]
There is hereby established a Municipal Court for the City of
Mission, Kansas. The Municipal Court shall have jurisdiction to hear
and determine cases involving violations of the ordinances of the
City. Search warrants shall not issue out of a Municipal Court.
[Code 1983; CC 2000 §9-102]
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.
[Ord. No. 22 §§1 —
2, 8-20-2008, to be effective 11-3-2008]
A.
The
City of Mission, Kansas, pursuant to Article 12, Section 5 of the
Constitution of the State of Kansas, elects to exempt itself from
the application of the provisions of K.S.A. 12-4112 regulating Municipal
Court costs.
B.
The
City of Mission, Kansas, shall, by the adoption of municipal ordinances,
provide for Municipal Court costs, fees and assessments as may be
set forth in such ordinances.
[Code 1983; CC 2000 §9-103]
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 1983; CC 2000 §9-104]
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 1983; CC 2000 §9-105]
The Municipal Judge shall receive a salary as shall be fixed
by ordinance.
[Code 1987; CC 2000 §9-106]
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.
[Code 1987; CC 2000 §9-107]
A.
There
is hereby established the office of the Clerk of the Municipal Court
of the City of Mission, Kansas, which shall be an hourly position
of the City. 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, as well as those set out by law by the City,
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. The Clerk shall receive,
account for and pay to the Finance Director all fines and forfeited
bonds paid into the Court. The Clerk shall make reports to the Judicial
Administrator and furnish the information when requested by him/her
or a departmental justice on such forms furnished by the Judicial
Administrator and approved by the Supreme Court.
2.
The Clerk of the Municipal Court shall, within ten (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 filed in the office of the City
Clerk, conditioned for the faithful performance of the duties required
of him/her by law and for the faithful application and payment of
all monies that may come into his/her hands in the execution of the
duties of the office. The City shall pay the cost of such bond.
3.
The compensation of the Clerk shall be fixed by ordinance.
[Ord. No. 1275 §1, 8-20-2008; Ord. No. 1319 §1, 2-17-2010; Ord. No. 1331 §1, 8-18-2010; Ord. No. 1435 §1, 1-20-2016]
A.
There is hereby established the following Court costs in the Municipal
Court of the City of Mission, Kansas: In any case where the accused
person is found guilty by the Court, such person shall pay:
1.
General court costs: Thirty dollars ($30.00)
which shall be allocated to pay nineteen dollars ($19.00) for Law
Enforcement Training Center Fund; one dollar ($1.00) Judicial Branch
Education Fund; and the balance for Municipal Court costs.
2.
Fuel assessment fee: Up to eight dollars ($8.00)
which shall be allocated to pay for fuel costs for the Police Department.
3.
Court facility assessment up to twenty dollars ($20.00); this
sum shall be allocated to pay the cost of meeting ADA compliance requirements
for the Municipal Court facilities.
