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.
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.) and all acts amendatory or supplemental thereto.
The salary of the municipal judge shall be set by the governing body.
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.
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) Costs shall be assessed against accused persons for the administration of justice in any municipal court cases where:
(1) The accused person is found guilty;
(2) The accused person pleads guilty or no contest; or
(3) The accused person:
(A) Failed to comply with a traffic citation as set forth by ordinance;
(B) Fails to appear in court at the designated time after being released from custody on bond, with or without surety, or on their own recognizance;
(C) Fails to appear in court at the designated time in response to a summons or notice to appear personally served on the accused person;
(D) Fails to appear in court at the designated time by order of the court communicated to the accused person orally or in writing;
(E) Fails to surrender his or herself to the court within 30 days after the accused person’s conviction of a misdemeanor has become final, when released on an appearance bond with or without surety, or upon their own recognizance.
(F) Enters into a diversion agreement with the City of Rose Hill.
(b) In addition to the cost required by state statute, the slim 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 except a charge that involves a parking violation as provided in Article 13, Sections 83, 85, 86, and/or 96, and/or a charge that involves a charge of Running at Large section 2-116, unless found not guilty.
(c) In addition to the court costs set forth above, for each person who fails to appear as set forth in section 9-108(a)(3), 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 of $75 may be assessed against the accused person who has failed to appear as set forth in section 9-108(a)(3), 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) The costs shall be assessed in accordance with the terms contain in section 9-108 of the Code of the City of Rose Hill, Kansas and amendments thereto.
(g) 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.
(h) At the conclusion of each municipal case, the court shall, where applicable, assess the costs against the responsible party.
(i) 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.
(j) 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)