The officers of the municipal court of the city shall be the municipal judge, the city attorney and assistant, the chief of police and the police officers of the city.
(Code 1971, § 16-2)
(a) There is hereby created the office of clerk of the municipal court. The municipal judge shall appoint such clerk.
(b) The clerk of the municipal court shall, within ten days after appointment, and before entering upon the duties of the office, execute to the city a bond in the sum of $1,000.00 which shall be approved by the city commission and filed in the office of the city clerk, conditioned for the faithful performance of the duties required of the clerk by law, and for the faithful application and payment of all moneys that may come into the clerk’s hands in the execution of the duties of the office.
(Code 1971, § 16-2.1)
Sessions of the municipal court shall be held at such times as the municipal judge deems necessary. The sessions of the municipal court shall be held in the city commission room in the city hall. If it would work a hardship to acquire a witness or other interested person to appear in such courtroom, the municipal judge may designate an alternate courtroom.
(Code 1971, § 16-6)
The chief of police, or any police officer assigned by the chief, when requested by the municipal judge or the judge pro tempore, shall attend sessions of the municipal court. Police officers shall attend the sessions when the business of the court shall require such attendance.
(Code 1971, § 16-8)
(a) When required by statute or otherwise, the municipal judge shall appoint an attorney to represent an indigent accused person.
(b) As a part of the costs of the case, the court shall order the accused person to reimburse the city for the fees and out-of-pocket expenses paid by the city to the court-appointed attorney for the accused person, unless the accused person is found not guilty of the charges, or unless the municipal judge specifically finds that reimbursement would create an undue hardship on the accused person.
(c) Court-appointed attorneys shall receive compensation to be fixed from time to time by the governing body.
(Code 1971, § 16-9)
(a) Every person found guilty of a violation of an ordinance of the city shall be assessed court costs, payable to the municipal court for the administration of justice, in the amount of $75.00 per case, together with any additional court costs or statutory assessments applicable by law.
(b) In cases where the accused person arrested for driving under the influence of intoxicating liquor or drugs submits to testing to determine blood alcohol concentration, and is found guilty of driving under the influence of intoxicating liquor or drugs, there shall be assessed additional court costs for the administration of justice in the amount of $20.00 for breath testing and $400.00 for blood testing.
(c) In cases where the accused person fails to appear for arraignment, trial or other court hearing, there shall be assessed an additional fee of $25.00 for such failure to appear.
(d) In cases where a warrant is issued, there shall be assessed an additional fee of $50.00.
(e) In cases where a motion for expungement of conviction is filed, the accused person shall be assessed a fee of $10.00. In cases where a motion for expungement of arrest is filed, the accused person shall be assessed a fee of $110.00.
(f) In addition to other costs provided for in this section, the sum of $5.00 shall be assessed against every person who has pled or been found guilty, to be applied to the costs of training and qualification of dispatch, animal control, and law enforcement officers of the City of Concordia.
(g) Every person who has pled or been found guilty and fails to pay the fines, court costs, and other costs within the time ordered by the judge, shall be assessed an additional collection fee in the amount of 25 percent of all such fines, fees, and costs. Such amount may then be turned over to a firm or company to collect upon such amounts.
(h) The municipal court clerk shall maintain monthly records of costs, restitution, diversion fees, and other revenues, and expenses, identifying for revenues the payor, date and amount paid, and any balance due from each payor, and shall provide monthly and annual reports of such information. Fees collected shall be deposited in the city’s general fund.
(K.S.A. 12-4112; C.O. No. 23; Ord. No. 2014-3069, § 2, 4-2-2014)
(a) Legislative findings. City attorneys are mandated by law and particularly K.S.A. 2-4412 et seq., as amended, to implement a municipal court diversion program pursuant to written policies. It is further mandated by article 15, § 15 of the state constitution, adopted November 3, 1992, and implemented by K.S.A. 74-7333 et seq., the Bill of Rights for Victims of Crimes that crime victims have certain rights during the criminal process, including notification and an opportunity to be heard at important stages of criminal proceedings. Compliance with the diversion program and victims’ rights mandates requires commitment of personnel, resources and funds. The governing body has considered and deemed it advisable that diversion fees may be used to help fund the municipal court diversion program and victims’ rights notification program. To that end, information regarding income generated from diversion fees is necessary and desirable.
(b) Diversion fee established. There is hereby established a diversion fee (the fee) in the amount of $100.00 per docketed municipal court case, to be assessed only to persons applying in writing for diversion.
(c) Collection, reporting and depositing. The municipal court clerk shall collect the fee and shall maintain monthly records of fees paid and payable, identifying the payor, date assessed, date and amount paid, and any balance due from each payor, and shall provide monthly and annual reports of such information. Fees collected shall be deposited in the city’s general fund.
(d) Waiver. The city attorney may waive unpaid fees, in whole or in part, in hardship or extraordinary cases, as a term of diversion, or in connection with plea negotiations.
(Code 1971, § 16-12)