CHAPTER IX. MUNICIPAL COURTCHAPTER IX. MUNICIPAL COURT\ARTICLE 1. GENERAL PROVISIONS

There is hereby established a municipal court for the City of Eudora, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.

(Code 1985)

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 1985)

The municipal court shall be presided over by a municipal judge. The municipal judge shall be appointed by the city manager.

(Code 1985)

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 1985)

The municipal judge shall receive a salary as negotiated with the city manager.

(Code 1985; Code 2016)

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 1985)

(a)   General Costs.  In addition to other assessments made by the Municipal Court Eudora, Kansas, there is hereby established a court cost as set by the governing body to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of Eudora, Kansas; provided that no such costs shall be assessed for a violation or a charge for violating a section of the Code which involves a parking violation other than of a regulation relating to handicapped parking, or a violation of the occupant safety laws defined in the Standard Traffic Ordinance for Kansas Cities. 

(b)   Attorney Fees.   As part of the court costs, the Municipal Court shall also assess to the Defendant, if convicted, the amount of attorney fees and costs expended by the city if the Defendant was represented by court-appointed counsel.  In determining the amount and method of payment of such sum, the court shall take into account of the financial resources of the Defendant, and the nature of the burden that payment of such sum will impose.  A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or any unpaid portion thereof.  If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(c)   Incarceration Fees.  As part of the court costs, an incarceration fee as set by the governing body shall be assessed against a Defendant in each case in which said Defendant is incarcerated pursuant to an order of the Municipal Court Judge. 

(d)   Expungement Fees.  As part of the court costs, the Municipal Court shall assess a fee as set by the governing body for each expungement ordered by the Court.

(e)   Warrant Fees.  The Municipal Court shall assess as court costs a fee as set by the governing body against each person named or described in an arrest warrant made by the Municipal Court Judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.  

(f)   Fingerprint Fees.  As part of the court costs, Municipal Court shall assess a fee as set by the governing body for fingerprinting performed in Municipal Court to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the misdemeanor violation of any provision of the Code of the City of Eudora, Kansas. 

(g)   Driver’s License Reinstatement Processing Fee.  Any person required paying a reinstatement fee pursuant to K.S.A. 8-241 and seeking reinstatement of a driver’s license through the City of Eudora Municipal Court shall pay to the city a reinstatement processing fee as set by the governing body.

(h)   Fees For Mailing Of Notice Of Intent To Suspend Driving Privileges For Failure To Comply With A Traffic Citation.  Pursuant to K.S.A. 8-2110 and amendment thereto, if an individual fails to comply with a traffic citation, except for illegal parking, standing or stopping, and the Municipal Court mails some notice of the potential suspension of the individual’s driving privileges, the Municipal Court shall charge the individual a fee as set by the governing body.  This fee shall be in addition to all other reinstatement fees, penalties, and other assessments.

(i)    Judicial Branch Education Fund Fee.  In addition to other assessments made by the Municipal Court Eudora, Kansas, there is hereby established a court cost as set by the governing body for the judicial branch education fund to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of Eudora, Kansas.  Such fees shall be submitted to the Kansas State Treasurer on a quarterly basis.

(j)    Law Enforcement Training Center Fund Fee.  In addition to other assessments made by the Municipal Court Eudora, Kansas, there is hereby established a court cost as set by the governing body for law enforcement training center fund to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of Eudora, Kansas.  Such fees shall be submitted to the Kansas State Treasurer on a quarterly basis.

(k)   Douglas County Division of Crime Stoppers.  In addition to other assessments made by the Municipal Court Eudora, Kansas, there is hereby established a court cost as set by the governing body to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of Eudora, Kansas.  Such fees shall be submitted to Douglas County Crime Stoppers on a semi-annual basis.

(l)    Eudora Law Enforcement Training Fund Fee.  In addition to other assessments made by the Municipal Court Eudora, Kansas, there is hereby established a court cost as set by the governing body to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of the City of Eudora, Kansas.  Such fees shall be utilized for Eudora law enforcement training.

(C.O. No. 3, C.O. No. 4; C.O. No. 6; Ord. 852; Ord. 903; Ord. 945; Ord. 980; Ord. 1018; Code 2016)

(a)   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 fine is due. Such conduct constitutes a violation of the article, regardless of the full payment of the fine after such time.

(b)   Violation of this article shall be punishable by a fine, set by resolution of the governing body from time to time; or, imprisonment in the Douglas County Jail for not more than 180 days; or, both such fine and imprisonment not to exceed the maximums set in either. Each and every day the violation continues is considered a separate offense.

(Ord. 989; Code 2016)