There is hereby established a municipal court for the City of Douglass, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
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.
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 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.; Code 1984)
The municipal judge shall receive a salary as shall be fixed by ordinance.
A municipal court clerk shall be appointed by the governing body. The clerk shall receive and safely keep all cash bonds subject to the order and direction of the municipal judge concerning their disposition. The 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.
The city attorney, in person or by his or her assistants, shall prosecute all contested cases in the municipal court, and such other cases as the judge of the municipal occur shall deem necessary.
(C.O. No. 5, Sec. 2)
In the Municipal Court cases where the accused person pleads guilty or nolo contendere, or is found guilty, such person shall be assessed court costs in the amount of $85.50 for the administration of justice in the Municipal Court of Douglass, Kansas, and in addition thereto to the Municipal Judge of the City of Douglass, Kansas, is authorized and empowered to assess witness fees and mileage permitted and allowed pursuant to K.S.A. 12-4112.
(Ord. 723, Sec. 1; C.O. No. 8, Sec. 2; Code 2007; Ord. 838; Ord. 864; Code 2017)
(a) For the purpose of this section, failure to appear shall be defined as failure to appear or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a public offense, has been released on bond for appearance before the municipal court of this city for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a public offense has become final by one who has been released on an appearance bond by any court. 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 within the meaning of this section. The provisions of this section do not apply to any person who forfeits a cash bond applied pursuant to law or city ordinance upon an arrest for a traffic offense.
(b) Any person or persons who fails to appear as defined in this section shall be punished by serving up to but nor more than 30 days in either the city or county jail and/or up to but not exceeding a $300.00 fine, or both.
(Ord. 481, Secs. 2:3)
(a) A Housing Fee for housing, transfer, and medical care of each inmate, consisting of the amount actually paid by the City of Douglass to the Butler County Jail, other facility, or medical provider, shall be and hereby is assessed against every inmate housed for violation of Douglass Municipal Code or at the direction of the Douglass Municipal Court, for each day prior to and after conviction for an offense resulting in a conviction.
(b) At the time of sentencing, the Municipal Court shall impose the Housing Fee and notify the Defendant/Inmate of the amount of such Housing Fee, if known at that time. If not paid in full at the time of sentencing, such Housing Fee shall be included in a single payment plan, along with the payment of costs and fines to the Court. Any restitution, child support, court costs, or fines owed by any inmate shall take priority over this Housing Fee, however.
(c) If the inmate alleges the Housing Fee would create an undue hardship on the inmate, the inmate may, by Motion to the Municipal Court, request that such Housing Fee be waived and/or reduced. The Court shall weigh the evidence to determine, in its discretion, whether such Housing Fee will, in fact, create an undue hardship on the inmate. If the Court determines the Housing Fee will create an undue hardship, the Court shall waive or reduce the Housing Fee.
(d) If the inmate fails to pay such Housing Fees, the City of Douglass, upon approval by the Butler County Jail, may garnish such inmate’s commissary account to recover such costs, if (a) the Municipal Court provided actual notice to the inmate that it intended to request garnishment, and setting a reasonable deadline to challenge the proposed action by requesting a hearing with the Municipal Court; and (b) after hearing on the matter, if any, the Municipal Court determines the inmate owes the Municipal Court a Housing Fee, such Housing Fee has not been paid, and garnishment of the inmate’s commissary account is reasonable and proper. In addition to all other remedies available to the Court to collect the amount due should the inmate fail or refuse to make the promised payments under a Municipal Court-ordered payment plan, the Court may forward the unpaid debt to the City Attorney for collection.
(e) The inmate shall pay the Housing Fee charged pursuant to this legislation, by cash, check or money order, or upon approval by the Butler County Jail by release of funds in the inmate’s jail commissary account. Any Housing Fees paid by the inmate, by garnishment or otherwise, shall be paid to the Municipal Court Clerk, who shall forward the entire amount to the City Clerk for deposit in the City General Fund.
(f) If the City is otherwise entitled to receive reimbursement or compensation for the maintenance of an inmate who is required to pay Housing Costs, and such reimbursement or compensation constitutes the entirety of the costs maintaining such inmate, the amount paid by such inmate shall be deducted from the amount of the other reimbursement or compensation to which the City is entitled.
(Ord. 774; Code 2015)