There is hereby established a municipal court for the City of Cherryvale, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(K.S.A. 12-4101 et seq.; Code 2001, 1-701; Ord. 09-4573; Code 2014)
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 2014)
(a) The Municipal Court shall convene to hear cases involving violations of city ordinances at least once a month. The Council shall establish court dates and times by ordinance. The Municipal Judge may convene court at other times as required to expedite the consideration of matters before the court.
(b) Municipal Court shall be held in the City Council Chambers in the City Hall Building, 123 West Main Street, Cherryvale, Kansas. Municipal Court shall be held on the 4th Monday of each month beginning at 9:00 am, although, the Municipal Judge may cancel Municipal Court during any month because of a holiday, weather, or any other reason the Municipal Judge deems.
(Code 2001, 1-708; Ord. 09-4573; Code 2014; Ord. 14-4647; Ord. 18-4703)
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.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-201, 205; Ord. 09-4573; Code 2014)
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 2001, 1-707; Ord. 09-4573; Code 2014)
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. 12-4101 et seq.; Code 2001, 8-501; Code 2014)
The municipal judge shall receive a salary as shall be fixed by ordinance.
(Code 2014)
There is hereby established the office of the clerk of the municipal court of the City of Cherryvale, Kansas, which office shall be filled by appointment by the municipal judge of the municipal court. 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:
(a) 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 city treasurer monthly 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.
(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.
(d) A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the mayor may temporarily suspend any such appointed clerk.
(K.S.A. 12-4108; Code 2001, 1-709; Ord. 09-4573; Code 2014)
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 2014)
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 2014)
(a) Failure to appear is knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before the Municipal Court of the City of Cherryvale for trial or other proceeding prior to conviction, or knowingly incurring a forfeiture of an appearance bond and failing to surrender oneself within thirty (30) days after such person’s conviction of a misdemeanor has become final by one who has been released on an appearance bond by the Municipal Court for the City of Cherryvale.
(b) Any person who is released upon the person’s own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of this section.
(c) The provisions of this section shall not apply to any person who forfeits a cash bond supplied pursuant to law or ordinance upon an arrest for a traffic infraction or cigarette or tobacco infraction.
(d) Failure to appear is a Class B violation punishable by a fine not exceeding $1,000.00 and/or confinement for not more than six (6) months.
(Ord. 14-4642; Code 2014)
(a) Except as otherwise provided herein, whenever a defendant in a case before the municipal court is convicted of a violation of a municipal ordinance, or ordinances, or enters into a diversion agreement concerning a violation thereof, the defendant shall be assessed court costs as set forth below:
(1) General costs. General court costs in the amount set forth in Subsection (b)
(2) Attorney fee. If the defendant was represented by a court-appointed attorney, the cost of the court-appointed attorney in the amount set forth in Subsection (b) below.
(3) Fingerprint fee. For any conviction or diversion involving what would be a class A or B misdemeanor, or simple assault as defined by Kansas statutes, a fingerprint fee in the amount set forth in Subsection (b) below.
(4) Incarceration fee. The cost of any pre-conviction or post-conviction incarceration in the amount set forth in Subsection (b) below.
(5) Medical fee. The cost of any medical treatment of a defendant who was arrested and/or incarcerated pursuant to city ordinance, or due to an order of the municipal court, in the amount as set forth in Subsection (b) below.
(6) Expungement fee. In the event any defendant files a petition for expungement of a municipal arrest or conviction, an expungement fee in the amount set forth in Subsection (b) below.
(7) Warrant fee. For any defendant for whom an arrest warrant has been issued for failing to appear at a scheduled hearing in municipal court, a warrant fee in the amount set forth in Subsection (b) below.
(8) Technology fee. For any conviction or diversion involving what would be a class A or B misdemeanor, or simple assault as defined by Kansas statutes, a technology fee in the amount set forth in Subsection (b) below.
(9) Transportation fee. The cost of any transportation fee for search warrants and transportation fees to and from Montgomery County Department of Corrections and/or location to the Cherryvale Municipal Court will be assessed at the rate as set forth in Subsection (b) below.
(b) Costs, Fees and Assessments.
(1) General court costs............................................. $75.50
(2) Court appointed attorney fee............................... $200.00 (or such additional amount in the discretion of the municipal court judge)
(3).. Fingerprint fee.................................................... $50.00
(4) Incarceration fee................................................. $ an amount equal to the rate the city is charged for jail time by the Montgomery County Department of Corrections
(5) Medical fee........................................................ $ an amount equal to the costs of all medical treatment provided to a defendant who was arrested and/or incarcerated pursuant to city ordinance, or due to an order of the municipal court judge
(6) Expungement fee................................................ $100.00
(7) Warrant fee........................................................ $50.00
(8) Technology fee.................................................. $20.00
(9) Transportation.................................................... $0.30/mile
(c) Upon a showing of good cause by a defendant, the court in its discretion may waive and/or suspend all or part of any court costs assessed pursuant to this ordinance, subject to the conditions set forth by the court.
(d) Funds received from any court costs levied and money received from any fines, forfeitures or penalties imposed by the Municipal Court Judge shall be deposited into the General Fund of the City of Cherryvale in accordance with the adopted finance and accounting policies and practices and, therefrom, shall be paid to the Treasurer of the State of Kansas such sum as required by statute and the remaining funds expended therefrom as the Governing Body shall deem necessary and prudent.
(e) If it appears to the court prosecution was instituted without probable cause and with malicious motives, the court may require the person initiating the prosecution to appear and answer concerning their motives for instituting the prosecution. If after such hearing the court determines prosecution was instituted without probable cause and with malicious motives, all costs in the case shall be assessed against the complaining witness or other person or persons initiating the prosecution.
(C.O. No. 9; Ord. 90-3888; Code 2001, 1-713:716; Ord. 12-4622; Code 2014; Ord. 14-4652; Ord. 18-4652; Ord. 23-4756)
In the event the City of Cherryvale is required to pursue collection of delinquent municipal court accounts through the State of Kansas Set Off Program or any other lawful collection process, the City shall be entitled to “debts owed to the municipal court”, meaning any assessment of court costs, fines, fees, moneys expended by the City in providing counsel and other defense services to indigent defendants or other charges which a municipal court judge has ordered to be paid to the court, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amount as provided for in the judgment or by law. “Debts owed to municipal courts” also includes the cost of collection when collection services of a contracting agent hereunder are utilized. Accounts turned over for collection shall be subject to a fee of thirty percent (30%) of the total of the delinquent amount. This bad debt administrative charge shall be applied prior to referral for collection.
(K.S.A. 12-4107; C.O. No. 9; Code 2001, 1-717; Ord. 11-4611; Code 2014; Ord. 17-4685)
In the event that an arrest warrant has been issued by the Municipal Court for the City of Cherryvale, the City of Cherryvale shall be entitled to reimbursement of the costs to extradite the person. These actual costs incurred include, but are not limited to the following:
(a) IRS rate of reimbursement for mileage of patrol vehicle.
(b) Wages of employee(s) sent for extradition.
(c) Room and board for employee(s) and person in custody, if required.
(d) Any fees or charges assessed by the arresting agency.
(Ord. 15-4660)