There is hereby established a municipal court for the City of Rose Hill which shall have jurisdiction to hear and determine cases involving violations of the laws of the city.
(Code 1989)
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 1989)
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 1989)
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 1989)
The salary of the municipal judge shall be set by the governing body.
(Code 2003)
A bonding clerk shall be appointed by the governing body. 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 1989)
There is hereby established the office of city prosecutor. No person shall be eligible for the office of city prosecutor who is not an attorney at law admitted practice in the Supreme Court of the State of Kansas. The city prosecutor shall:
(a) Appear and prosecute all violations of city ordinances municipal court when his or her services shall be required.
(b) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(Ord. 356; Code 2003)
(a) Court costs shall be assessed against each person charged with a violation of any of the ordinances of this city, unless found not guilty.
(b) In addition to the cost required by state statute, the sum of $49.50 shall be assessed as court costs against each person charged with such a violation of any of the ordinances of the city, unless found not guilty.
(c) In addition to the court costs set forth above. for each person who fails to comply as set forth in section 201.1 of the Standard Traffic Ordinance adopted as set forth in section 14-101 of the Code of the City of Rose Hill or fails to appear as set out in section 7.17 of the Uniform Public Offense Code adopted as set forth in section 11-101 of the Code of the City of Rose Hill, a charge of $25 may be assessed, unless found not guilty. Additional court costs may be assessed for each failure to appear.
(d) In addition to the court costs set forth above, for each municipal court bench warrant that is issued, a charge or $75 may be assessed against the accused person who fails to comply as set forth in section 201.1 of the Standard Traffic Ordinance adopted as set forth in section 14-101 or the Code of the City of Rose Hill or fails to appear as set out in section 7.17 of the Uniform Public Offense Code adopted as set forth in section 11-101 of the Code of the City of Rose Hill, unless found not guilty.
(e) In addition to the court costs set forth above, for each person who is required to be fingerprinted by state statute, a charge of $35 may be assessed.
(f) In addition to the court costs set forth above, a fee equal to the hourly rate billed to the City by Butler County for each hour incarcerated shall be assessed against a defendant in each case in which the defendant is incarcerated pursuant to an order of a municipal court judge. Such fees shall be assessed against defendants unless found not guilty.
(g) The costs shall be assessed in accordance with the terms contained in section 9-108 of the Code of the City of Rose Hill, Kansas and amendments thereto.
(h) If it appears to the court that the prosecution was instituted without probable cause and for malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning that person’s motives for instituting the prosecution. If upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.
(i) At the conclusion of' each municipal case, the court shall, where applicable, assess the costs against the responsible party.
(j) The Municipal Court shall remit to the appropriate state official(s), agencies or funds, all mandated fees assessed as Municipal Court costs, including but not limited to, law enforcement training, judicial branch education and municipal judge training, domestic violence and abuse, victim's assistance fund and trauma registry fund, all as authorized by Kansas Law.
(k) The foregoing assessment shall be designated as court costs and shall be in addition to any other fines or orders of restitution imposed by the Municipal Court Judge.
(K.S.A. 12-4112; C.O. No. 179; C.O. No. 9; Ord. 461; Sec. 1; Code 2003; Ord. 510; Ord. 561; Ord. 563; Code 2017; Ord. 730)