CODE FOR MUNICIPAL COURTS; GENERAL PROVISIONS

K.S.A. ch. 12, art. 41

in effect

K.S.A. 12-4101 Title.

12-4101. Title. This act is called and may be cited as the Kansas code of procedure for municipal courts. L. 1973, ch. 61, § 12-4101; April 1, 1974. Cross References to Related Sections: "Police court" and "police judge" construed as referring to "municipal court" and "municipal judge," see 12-1109. Law Review and Bar Journal References: "An Additudinal Study of Kansas' Two-Tier Trial System," Michael Kaye, Fred Yaffe, 54 J.K.B.A. 212 (1985). "Municipal Corporations: Home Rule—The Power of Local Self-Government and the Effect of State Enabling Legislation [Blevins v. Hiebert, 247 Kan. 1, 795 P.2d 325 (1990)]," Tonya L. O'Hern, 30 W.L.J. 554, 560 (1991). "Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000). Attorney General's Opinions: Municipal court procedure; costs; home rule powers. 82-161. Municipal court jurisdiction. 83-79. Municipal courts have jurisdiction to hear ordinance violations that could be prosecuted as a felony in district court. 2007-26. CASE ANNOTATIONS 1. Cited; the right to a speedy trial is applicable to criminal cases appealed to district courts from municipal court convictions. City of Overland Park v. Fricke, 226 Kan. 496, 499, 601 P.2d 1130. 2. City ordinance providing for mandatory sentencing with no probation violates Code of Procedure for Municipal Courts and is void. City of Junction City v. Griffin, 226 Kan. 516, 601 P.2d 684. Opinion withdrawn on rehearing: Code held to be nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 333, 336, 337, 339, 607 P.2d 459. 3. Verified complaint not required for DUI prosecution for violation of municipal ordinance. City of Tonganoxie v. Jack, 13 Kan. App. 2d 718, 722, 779 P.2d 34 (1989). 4. Authority to opt out of nonuniform state law (arterial highway act, K.S.A. 68-580 et seq.) examined. Blevins v. Hiebert, 247 Kan. 1, 8, 795 P.2d 325 (1990). 5. Municipal court's judgment is effective when announced; time for appeal commences upon announcement. City of Lenexa v. Higgins, 16 Kan. App. 2d 499, 500, 502, 825 P.2d 1152 (1992). 6. Code of procedure for municipal courts not uniform and city may use home rule to opt out. Farha v. City of Wichita, 284 Kan. 507, 510, 511, 514, 515, 523, 161 P.3d 717 (2007).

K.S.A. 12-4102 Scope.

12-4102. Scope. This code governs the practice and procedure in all cases in municipal courts. L. 1973, ch. 61, § 12-4102; April 1, 1974. Cross References to Related Sections: Construction of term "municipal court," see 12-1109. Attorney General's Opinions: Municipal court procedure; costs; home rule powers. 82-161. Municipal courts; disclosure of records of juvenile charged with tobacco ordinance infraction. 1998-36. CASE ANNOTATIONS 1. Conviction reversed; city ordinance providing for mandatory sentencing with no probation violates Code of Procedure for Municipal Courts and is void. City of Junction City v. Griffin, 226 Kan. 516, 517, 601 P.2d 684. Opinion withdrawn on rehearing: Code held to be nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 333, 336, 337, 339, 607 P.2d 459. 2. Provisions governing municipal courts strictly construed; district court does not acquire original jurisdiction on appeal. Seaton v. City of Coffeyville, 9 Kan. App. 2d 760, 688 P.2d 1240 (1984).

K.S.A. 12-4103 Intent; construction; procedure not provided.

12-4103. Intent; construction; procedure not provided. This code is intended to provide for the just determination of every proceeding for violation of city ordinances. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. If no procedure is provided by this code, the court shall proceed in any lawful manner consistent with any applicable law and not inconsistent with this code. L. 1973, ch. 61, § 12-4103; April 1, 1974. Cross References to Related Sections: See similar provision in code of criminal procedure, 22-2103. Attorney General's Opinions: Cities of second class; sale of firearms found, unclaimed or used as court evidence; disposition of proceeds. 82-168. Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37. The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48. CASE ANNOTATIONS 1. Conviction reversed; city ordinance providing for mandatory sentencing with no probation violates Code of Procedure for Municipal Courts and is void. City of Junction City v. Griffin, 226 Kan. 516, 517, 601 P.2d 684. Opinion withdrawn on rehearing; Code held to be nonuniform and subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 333, 336, 337, 339, 607 P.2d 459. 2. Provisions governing municipal courts strictly construed; district court does not acquire original jurisdiction on appeal. Seaton v. City of Coffeyville, 9 Kan. App. 2d 760, 688 P.2d 1240 (1984). 3. A conviction in municipal court is more criminal in nature than civil. City of Lenexa v. Higgins, 16 Kan. App. 2d 499, 501, 825 P.2d 1152 (1992).

K.S.A. 12-4104 Municipal court; jurisdiction; search warrants proscribed.

12-4104. Municipal court; jurisdiction; search warrants proscribed. (a) The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city, including concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance violation are the same as the elements of a violation of one of the following state statutes and would constitute, and be punished as, a felony if charged in district court: (1) K.S.A. 8-1567 , and amendments thereto, driving under the influence; (2) K.S.A. 21-5414 , and amendments thereto, domestic battery; (3) K.S.A. 21-5801 , and amendments thereto, theft; (4) K.S.A. 21-5821 , and amendments thereto, giving a worthless check; or (5) subsection (b)(3) of K.S.A. 21-5706 , and amendments thereto, possession of marijuana. (b) Search warrants shall not issue out of a municipal court. L. 1973, ch. 61, § 12-4104; L. 2007, ch. 168, § 3; L. 2009, ch. 32, § 20; L. 2010, ch. 74, § 1; L. 2011, ch. 30, § 101; July 1. Source or prior law: 13-602, 13-628m, 14-801, 15-503. Law Review and Bar Journal References: "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973). Criminal Procedure Survey, 55 K.L.R. 797 (2007). Attorney General's Opinions: Conflict of municipal penal ordinance with state law. 81-222. Municipal court jurisdiction. 83-79. Code for municipal courts; powers and duties - contempt powers. 84-1. Interlocal agreements; prosecution of city DUI violation ordinance by county attorney. 91-26. Permissibility of workers compensation administrative law judge serving as municipal court judge. 95-51. Jurisdiction of municipal courts and district courts to hear cases involving violations of city ordinances and county resolutions by persons under the age of 18 which are not violations if committed by adults. 97-77. Local legislation to prohibit "ticket scalping." 2000-53. Municipal courts have jurisdiction to hear ordinance violations that could be prosecuted as a felony in district court. 2007-26. CASE ANNOTATIONS 1. Cited; concurrent jurisdiction of city and state examined; one which first obtains jurisdiction may proceed. State v. Frazier, 12 Kan. App. 2d 164, 165, 166, 736 P.2d 956 (1987). 2. Administrative warrants which comply with constitutional requirements of reasonableness are not prohibited by K.S.A. 22-2502. City of Overland Park v. Niewald, 258 Kan. 679, 681, 907 P.2d 885 (1995). 3. Municipality may not classify state felony as municipal misdemeanor and prosecute defendant. City of Junction City v. Cadoret, 263 Kan. 164, 168, 946 P.2d 1356 (1997).

K.S.A. 12-4105 Municipal judge; appointment; qualifications; compensation.

12-4105. Municipal judge; appointment; qualifications; compensation. The municipal court shall be presided over by a municipal judge. The judge shall be selected in the manner provided by statute. The person who is selected shall be: (a) A citizen of the United States; (b) a graduate of a high school or secondary school or the equivalent thereof; and (c) (1) in cities other than cities of the first class, an attorney regularly admitted to practice law in the state of Kansas or certified by the supreme court in the manner prescribed by K.S.A. 12-4114 , as qualified to serve as a municipal judge; or (2) in cities of the first class an attorney regularly admitted to practice law in the state of Kansas. The municipal judge shall receive a monthly or annual salary set by ordinance of the city in which such municipal judge presides, except where otherwise provided by law. L. 1973, ch. 61, § 12-4105; L. 1989, ch. 66, § 4; July 1. Source or prior law: 13-601, 13-628b. Cross References to Related Sections: Construction of term "municipal judge," see 12-1109. See similar provisions in 13-527, 13-628a, 14-201, 14-1501, 15-204, 15-1601. Law Review and Bar Journal References: "Fifteen Years of Home Rule in Kansas Municipalities," Murray E. Anderson, 16 W.L.J. 360, 373 (1977). "Home Rule in a Nutshell," Sandra Craig McKenzie, 48 K.L.R. 1005 (2000). "Home Rule: A Primer," Michael R. Heim, 74 J.K.B.A. No. 1, 26 (2005). Attorney General's Opinions: Municipal court procedure; costs; home rule powers. 82-161. Municipal judge; appointment; qualifications. 89-71. Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28. CASE ANNOTATIONS 1. Statute held nonuniform; Code subject to cities' power of home rule. City of Junction City v. Griffin, 227 Kan. 332, 335, 337, 340, 607 P.2d 459.

K.S.A. 12-4106 Municipal judge; powers and duties.

12-4106. Municipal judge; powers and duties. (a) The municipal judge shall have the power to administer the oaths and enforce all orders, rules and judgments made by such municipal judge, and may fine or imprison for contempt in the same manner and to the same extent as a judge of the district court. (b) The municipal judge shall have the power to hear and determine all cases properly brought before such municipal judge to: Grant continuances; sentence those found guilty to a fine or confinement in jail, or both; commit accused persons to jail in default of bond; determine applications for parole; release on probation; grant time in which a fine may be paid; correct a sentence; suspend imposition of a sentence; set aside a judgment; permit time for post trial motions; and discharge accused persons. (c) The municipal judge shall maintain a docket in which every cause commenced before such municipal judge shall be entered. Such docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case. (d) The municipal judge shall promptly make such reports and furnish the information requested by any departmental justice or the judicial administrator, in the manner and form prescribed by the supreme court. (e) The municipal judge shall ensure that information concerning dispositions of city ordinance violations that result in convictions comparable to convictions for offenses under Kansas criminal statutes is forwarded to the Kansas bureau of investigation central repository. This information shall be transmitted, on a form or in a format approved by the attorney general, within 30 days of final disposition. (f) In all cases alleging a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-2,144 , 8-1567 or 32-1131 or K.S.A. 21-6419 or 21-6421 , and amendments thereto, the municipal court judge shall ensure that the municipal court reports the filing and disposition of such case to the Kansas bureau of investigation central repository, and, on and after July 1, 2014, reports the filing and disposition of such case electronically to the Kansas bureau of investigation central repository. (g) In all cases in which a fine is imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-2,144 or 8-1567 or K.S.A. 21-6421 , and amendments thereto, the municipal court judge shall ensure that the municipal court remits the appropriate amount of such fine to the state treasurer as provided in K.S.A. 12-4120 , and amendments thereto. L. 1973, ch. 61, § 12-4106; L. 1989, ch. 67, § 1; L. 1992, ch. 239, § 30; L. 1993, ch. 291, § 5; L. 1994, ch. 291, § 7; L. 2004, ch. 71, § 1; L. 2009, ch. 107, § 7; L. 2011, ch. 105, § 20; L. 2012, ch. 172, § 21; L. 2013, ch. 10, § 1; L. 2013, ch. 133, § 2; L. 2014, ch. 28, § 1; L. 2018, ch. 106, § 14; July 1. Source or prior law: 12-1103, 13-604, 13-605, 13-607, 13-615, 13-618, 13-628c, 14-817, 14-818, 15-517. Revisor's Note: Section was also amended by L. 2013, ch. 120, § 8, but that version was repealed by L. 2013, ch. 133, § 37. Cross References to Related Sections: Powers and duties of municipal judge in certain cities of first class, see 13-628a. Law Review and Bar Journal References: Municipal judge retains substantially same powers under new code as under prior law, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973). "Home Rule in a Nutshell," Sandra Craig Mckenzie, 48 K.L.R. 1005 (2000). Attorney General's Opinions: Code for municipal courts; powers and duties—contempt powers. 84-1. Liability for costs in criminal cases. 84-25. Interlocal agreements; prosecution of city DUI violation ordinance by county attorney. 91-26. Permissibility of workers compensation administrative law judge serving as municipal court judge. 95-51. Expunged municipal court records may be released to "criminal justice agency" having legitimate need for such. 2002-14. Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37. CASE ANNOTATIONS 1. Defendant's uncounseled misdemeanor conviction included in criminal history score; imprisonment was for contempt, not for conviction. State v. Long, 41 Kan. App. 2d 477, 203 P.3d 45 (2009).

K.S.A. 12-4107 Same; absence; vacancy; pro tem.

12-4107. Same; absence; vacancy; pro tem. 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. L. 1973, ch. 61, § 12-4107; April 1, 1974. Source or prior law: 13-619, 13-628g, 13-628h, 13-628p, 14-802, 15-502, 15-503. Law Review and Bar Journal References: Municipal judge retains substantially same powers under new code as under prior law, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973). Attorney General's Opinions: Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.

K.S.A. 12-4108 Clerk of the municipal court; appointment; powers and duties; execution of bond.

12-4108. Clerk of the municipal court; appointment; powers and duties; execution of bond. The governing body of each city may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk. The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court. The clerk of the municipal court, or the municipal judge if no clerk is appointed, within 10 days after selection, and before entering upon the duties of office, shall execute to the city such bond as the governing body may require, which shall be approved by the governing body, and filed in the office of the city clerk, conditioned for the faithful performance of the duties required of such clerk by law, and for the faithful application and payment of all moneys that may come into such clerk's hands in the execution of the duties of the office. The city shall pay the cost of such bond. L. 1973, ch. 61, § 12-4108; L. 1989, ch. 67, § 2; July 1. Source or prior law: 13-628e, 13-628o. Law Review and Bar Journal References: Municipal judge retains substantially same powers under new code as under prior law, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973). Attorney General's Opinions: Municipal court clerk; establishment of office; appointment; powers and duties. 84-122. Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37. CASE ANNOTATIONS 1. Failure to recall bench warrant by municipal court clerk not a judicial function as contemplated by Kansas Tort Claims Act. Cook v. City of Topeka, 232 Kan. 334, 338, 654 P.2d 953 (1982).

K.S.A. 12-4109 Municipal court; courtroom, supplies, records; sessions, time, place.

12-4109. Municipal court; courtroom, supplies, records; sessions, time, place. Each city shall provide at the expense of the city a suitable courtroom for the municipal court, together with all necessary supplies and records. Municipal court shall be held at such time and places designated by ordinance. L. 1973, ch. 61, § 12-4109; April 1, 1974. Source or prior law: 12-1108, 13-603, 13-604, 14-803, 14-805, 15-501, 15-505. Law Review and Bar Journal References: Section allows flexibility in scheduling, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 9 (1973). Attorney General's Opinions: Municipal court; place of courtroom. 85-176.

K.S.A. 12-4110 City attorney to prosecute.

12-4110. City attorney to prosecute. The city attorney, in person or by assistants, shall prosecute all causes in the municipal court. L. 1973, ch. 61, § 12-4110; April 1, 1974. Source or prior law: 13-621. Attorney General's Opinions: The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48.

K.S.A. 12-4111 Law enforcement officers; employment; powers.

12-4111. Law enforcement officers; employment; powers. The governing body may employ law enforcement officers who shall have power to execute all process issued by any municipal judge within the state and delivered to him or her for that purpose, to detain persons, to place them in custody, and to arrest them, pursuant to the terms of this act. The powers of law enforcement officers with respect to the code of criminal procedure shall not be reduced by this code. L. 1973, ch. 61, § 12-4111; April 1, 1974. Source or prior law: 14-820. Attorney General's Opinions: Prosecution for state statute violation occurring within a city. 84-32. Authority of tribal law enforcement officers to enforce state law on Indian reservations. 94-152. Assistance by state officials on federal property; coverage under Kansas Tort Claims Act. 2002-7. Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39. CASE ANNOTATIONS 1. Arrest under K.S.A. 12-4212 held not exclusive arresting authority for municipal law officers; K.S.A. 22-2401 also held applicable. Griffin v. State, 14 Kan. App. 2d 803, 810, 799 P.2d 521 (1990).

K.S.A. 12-4112 Costs.

12-4112. Costs. No person shall be assessed costs for the administration of justice in any municipal court case, except for: (a) Witness fees and mileage as set forth in K.S.A. 12-4411 , and amendments thereto; (b) the assessment required by K.S.A. 12-4116 , and amendments thereto; (c) the assessment required by K.S.A. 12-4117 , and amendments thereto; and (d) the assessment required by K.S.A. 12-16,119 , and amendments thereto. L. 1973, ch. 61, § 12-4112; L. 1989, ch. 66, § 5; L. 1992, ch. 315, § 4; L. 1998, ch. 155, § 2; L. 2016, ch. 88, § 6; July 1. Source or prior law: 13-620. Law Review and Bar Journal References: Provision for assessment of costs accomplished to prevent abuse, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 9 (1973). Attorney General's Opinions: Municipal court procedure; costs; home rule powers. 82-161. Assessment for alcohol and drug safety action programs under DUI convictions; prohibition of assessment of costs. 82-233. Liability for costs in criminal cases. 84-25. Sentencing; authorized dispositions; sentencing; probation; costs; home rule powers. 92-90. City may charter out and assess reasonable costs against defendant who requests trial and is convicted. 2002-21. CASE ANNOTATIONS 1. Statute governing assessment of costs in municipal court not applicable where city opted out. King v. Knoll, 399 F. Supp. 2d 1169, 1181 (2005). 2. Code of procedure for municipal courts not uniform and city may use home rule to opt out. Farha v. City of Wichita, 284 Kan. 507, 510, 511, 514, 515, 523, 161 P.3d 717 (2007).

K.S.A. 12-4113 Definitions.

12-4113. Definitions. As used in this act: (a) "Appearance bond" means an undertaking, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions of the undertaking. (b) "Accused person" means a person, corporation or other legal entity accused by a complaint of the violation of a city ordinance. (c) "Arraignment" means the formal act of calling the person accused of violating an ordinance before the municipal court to inform the person of the offense with which the person is charged, to ask the person whether the person is guilty or not guilty and, if guilty, to impose sentence. (d) "Arrest" means the taking of a person into custody in order that the person will appear to answer for the violation of an ordinance. The giving of a notice to appear is not an arrest. (e) "Bail" is the security given for the purpose of insuring compliance with the terms of an appearance bond. (f) "City attorney" means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance. (g) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer, of the essential facts constituting a violation of an ordinance. (h) "Custody" means the restraint of a person pursuant to an arrest. (i) "Detention" means the temporary restraint of a person by a law enforcement officer. (j) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof. (k) "Notice to appear" is a written notice to a person accused by a complaint of having violated an ordinance of a city to appear at a stated time and place to answer to the charge of the complaint. (l) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified. (m) "Ordinance traffic infraction" is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A. 8-2118 , and amendments thereto. (n) "Warrant" is a written order made by a municipal judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it. (o) "Ordinance cigarette or tobacco infraction" is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A. 79-3321 , and amendments thereto. L. 1973, ch. 61, § 12-4113; L. 1984, ch. 78, § 1; L. 1984, ch. 39, § 27; L. 1996, ch. 214, § 18; July 1. Cross References to Related Sections: See similar definitions in code of criminal procedure, 22-2202. Law Review and Bar Journal References: "A Comment on Kansas' New 'Drunk Driving' Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 233 (1982). Attorney General's Opinions: Appearance and conditions of release; appearance bonds. 83-138. Prosecution for state statute violation occurring within a city. 84-32. Reporting of abuse or neglect of children; court services officers. 89-100. DUI; mandatory imprisonment; custody of law enforcement officials. 93-20. Fingerprinting of suspects charged with certain municipal ordinance violations. 94-13. Code for municipal courts; fire department personnel; prosecution and arrest; cities' powers of home rule. 94-23. Authority of tribal law enforcement officers to enforce state law on Indian reservations. 94-152. Municipal courts; jurisdiction over juveniles charged with cigarette and tobacco infractions. 96-83. Municipal courts; disclosure of records of juvenile charged with tobacco ordinance infraction. 1998-36. Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39. The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48. CASE ANNOTATIONS 1. Cited; prior theft (K.S.A. 21-3701) convictions serve to classify felony theft at sentencing to enhance sentence; municipal conviction valid. State v. Hanks, 10 Kan. App. 2d 666, 670, 708 P.2d 991 (1985). 2. Traffic citation not required to be admitted into evidence for charge upon which prosecution sought. City of Overland Park v. Povirk, 262 Kan. 531, 941 P.2d 369 (1997). 3. Execution of appearance bond means it needs to be signed. City of Dodge City v. Reyes, 35 Kan. App. 2d 756, 759, 133 P.3d 1291 (2006).

K.S.A. 12-4114 Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court.

12-4114. Municipal judge, training programs; certification; examinations; continuing education requirement; duties of supreme court. (a) Any person who holds the position of municipal judge in any city in this state on January 1, 1990, and any person who thereafter becomes a municipal judge in any city in this state who has not been admitted to practice law in Kansas, as required by K.S.A. 12-4105 , and amendments thereto, shall be permitted to temporarily commence the duties of office, conditioned that such judge becomes certified as being qualified to hold such office as provided in this section. The supreme court shall adopt rules and regulations to provide for a training program and an examination to ensure that each such municipal judge possesses the minimum skills and knowledge necessary to carry out the duties of such office. Such examination and training shall be administered without charge and such examination shall be given at least once each six months at a time and place designated by the supreme court. If a municipal judge fails to successfully complete such examination within 18 months after the date such judge takes office, such judge shall forfeit such judge's office and the municipal judge position previously held by such judge shall be vacant at the expiration of such eighteen-month period. A municipal judge who fails to successfully complete any examination may take such examination again at the next time it is offered prior to the expiration of such eighteen-month period. Any municipal judge who fails to successfully complete the examination within the prescribed time shall be ineligible to be a municipal judge, unless such person subsequently meets all the qualifications prescribed by K.S.A. 12-4105 , and amendments thereto. (b) Any person who successfully completes the examination administered under this section or who meets all of the qualifications prescribed by K.S.A. 12-4105 , and amendments thereto, shall be certified by the supreme court as being qualified to hold such office. In order to continue to hold such office, such judge must attend at least 10 hours of continuing judicial education as approved by the supreme court in each calendar year. A continuing judicial education program offering at least 10 hours of credit shall be provided at least once each year at no expense to either the municipal judge or the municipality. (c) The supreme court shall administer the training, testing and continuing judicial education provided for in this section, which shall be funded by the judicial branch education fund as provided for in K.S.A. 20-1a11 or may contract with another person or organization for that service. L. 1989, ch. 66, § 1; L. 1992, ch. 315, § 5; July 1.

K.S.A. 12-4116 Judicial branch education fund; assessments against municipal cases.

12-4116. Judicial branch education fund; assessments against municipal cases. In each case filed in municipal court where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond, or a diversion, a sum in an amount not to exceed $1 shall be assessed for the training, testing and continuing judicial education of municipal judges as provided in K.S.A. 12-4114 , and amendments thereto. Except as provided herein, the judge or clerk of the municipal court shall remit all assessments received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the judicial branch education fund. If the amount of assessments collected in a month are less than $250, the municipal court may delay remitting its assessments until a month in which the cumulative amount of assessments collected equals or exceeds $250. If the cumulative amount of assessments collected never equals or exceeds $250 for the year, the amount of assessments collected and on hand on December 31 of the year shall be remitted to the state treasurer. The specific amount of the assessment shall be fixed by order of the supreme court and shall apply uniformly to all cities. For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed against one individual arising out of the same incident, all such complaints shall be considered as one case. For the purpose of this section, parking violations shall not be considered as cases. L. 1989, ch. 66, § 3; L. 1992, ch. 233, § 1; L. 1993, ch. 54, § 1; L. 2001, ch. 5, § 54; July 1. Cross References to Related Sections: Judicial branch education fund, see 20-1a11.

K.S.A. 12-4117 Municipal court assessments.

12-4117. Municipal court assessments. (a) In each case filed in municipal court other than a nonmoving traffic violation, where there is a finding of guilty or a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in an amount of $22.50 shall be assessed and such assessment shall be credited as follows: One dollar to the local law enforcement training reimbursement fund established pursuant to K.S.A. 74-5620 , and amendments thereto, $11.50 to the state general fund, $5 to the Kansas commission on peace officers' standards and training fund established by K.S.A. 74-5619 , and amendments thereto, $2 to the juvenile alternatives to detention fund established pursuant to K.S.A. 79-4803 , and amendments thereto, to be expended for operational costs of facilities for the detention of juveniles, $.50 to the protection from abuse fund established pursuant to K.S.A. 74-7325 , and amendments thereto, $.50 to the crime victims assistance fund established pursuant to K.S.A. 74-7334 , and amendments thereto, $1 to the trauma fund established pursuant to K.S.A. 75-5670 , and amendments thereto, and $1 to the department of corrections forensic psychologist fund established pursuant to K.S.A. 75-52,151 , and amendments thereto. (b) The judge or clerk of the municipal court shall remit the appropriate assessments received pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the local law enforcement training reimbursement fund, the Kansas commission on peace officers' standards and training fund, the juvenile alternatives to detention fund, the crime victims assistance fund, the trauma fund, the department of corrections forensic psychologist fund and the state general fund as provided in this section. (c) For the purpose of determining the amount to be assessed according to this section, if more than one complaint is filed in the municipal court against one individual arising out of the same incident, all such complaints shall be considered as one case. L. 1992, ch. 315, § 10; L. 1994, ch. 335, § 1; L. 1996, ch. 234, § 6; L. 1999, ch. 127, § 9; L. 2000, ch. 181, § 3; L. 2001, ch. 5, § 55; L. 2002, ch. 199, § 1; L. 2006, ch. 170, § 1; L. 2010, ch. 147, § 2; L. 2011, ch. 91, § 8; L. 2016, ch. 88, § 7; L. 2017, ch. 100, § 1; L. 2024, ch. 39, § 3; July 1.

K.S.A. 12-4118 Performance of marriage ceremonies by municipal judge; disposition of honorariums.

12-4118. Performance of marriage ceremonies by municipal judge; disposition of honorariums. A municipal judge may retain any honorarium received for such judge's services in performing a marriage ceremony, except when such services are performed between the hours of eight o'clock a.m. and five o'clock p.m. on a day when the court is regularly open for the conduct of business in which event such honorarium shall be remitted to the city treasurer for deposit in the city general fund. The provisions of this section shall be part of and supplemental to the Kansas code of procedure for municipal courts. L. 1996, ch. 194, § 3; July 1. Attorney General's Opinions: Municipal judges; retention of marriage honorariums. 98-3.

K.S.A. 12-4119 Collection of debts owed to municipal courts or restitution; contracts for collection.

12-4119. Collection of debts owed to municipal courts or restitution; contracts for collection. (a) Cities are authorized to enter into contracts for collection services for debts owed to municipal courts or restitution owed under an order of restitution. On and after July 1, 2007, the cost of collection shall be paid by the defendant as an additional court cost in all cases where the defendant fails to pay any amount ordered by the court and the court utilizes the services of a contracting agent pursuant to this section. The cost of collection shall be deemed an administrative fee to pay the actual costs of collection made necessary by the defendant's failure to pay court debt and restitution. (b) The following terms shall mean: (1) "Beneficiary under an order of restitution" means the victim or victims of a crime to whom a municipal court has ordered restitution be paid; (2) "contracting agent" means a person, firm, agency or other entity who contracts hereunder to provide collection services; (3) "cost of collection" means the fee specified in contracts hereunder to be paid to or retained by a contracting agent for collection services and shall not exceed 33% of the amount collected. The cost of collection shall be paid from the amount collected, but shall not be deducted from the debts owed to municipal courts or restitution. Cost of collection also includes any filing fee required under K.S.A. 60-4303 , and amendments thereto; and (4) "debts owed to municipal courts" means any assessment of court costs, fines, fees, moneys expended by the city in providing counsel and other defense services to indigent defendants or other charges which a municipal court judge has ordered to be paid to the court, and which remain unpaid in whole or in part, and includes any interest or penalties on such unpaid amounts as provided for in the judgment or by law. "Debts owed to municipal courts" also includes the cost of collection when collection services of a contracting agent hereunder are utilized. (c) Municipal courts are authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding debts owed the municipal courts. (d) Any beneficiary under an order of restitution entered by a municipal court is authorized to utilize the collection services of contracting agents pursuant to this section for the purpose of collecting all outstanding amounts owed under such order of restitution. (e) Contracts shall provide for the payment of any amounts collected to the clerk of the municipal court for the court in which the debt being collected originated, after first deducting the collection fee. In accounting for amounts collected from any person, the municipal court clerk shall credit the person's amount owed the amount of the net proceeds collected. The clerk shall not reduce the amount owed by any person that portion of any payment which constitutes the cost of collection pursuant to this section. (f) When the appropriate cost of collection has been paid to the contracting agent as agreed upon in the contract, the municipal court clerk shall then distribute amounts collected as follows: (1) When collection services are utilized pursuant to subsection (c), all amounts shall be applied against the debts owed to the court as specified in the original judgment creating the debt; (2) when collection services are utilized pursuant to subsection (d), all amounts shall be paid to the beneficiary under the order of restitution designated to receive such restitution, except where that beneficiary has received recovery from the Kansas crime victims compensation board and such board has subrogation rights pursuant to K.S.A. 74-7312 , and amendments thereto, in which case all amounts shall be paid to the board until its subrogation lien is satisfied. (g) Whenever collection services are being utilized against the same debtor pursuant to both subsections (c) and (d), any amounts collected by a contracting agent shall be first applied to satisfy debts pursuant to an order of restitution. Upon satisfaction of all such debts, amounts received from the same debtor shall then be applied to satisfy, debts owed to courts. L. 2007, ch. 168, § 1; July 1. Cross References to Related Sections: Collection of debts owed to district courts, see 75-719.

K.S.A. 12-4120 Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund.

12-4120. Certain fines remitted to state treasurer; community corrections supervision fund; human trafficking victim assistance fund; seat belt safety fund. (a) On and after July 1, 2012, the amount of $250 from each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 8-1567 or 8-2,144 , and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the community corrections supervision fund established by K.S.A. 75-52,113 , and amendments thereto. (b) One-half of each fine imposed for a violation of a city ordinance prohibiting the acts prohibited by K.S.A. 21-6421 , and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto, and the remainder shall be remitted as otherwise permitted by law. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the human trafficking victim assistance fund established by K.S.A. 75-758 , and amendments thereto. (c) On and after July 1, 2017, the amount of $20 from each fine imposed for a violation of a city ordinance requiring the use of safety belts for those individuals required by K.S.A. 8-2503 (a)(1), and amendments thereto, shall be remitted by the judge or clerk of the municipal court to the state treasurer in accordance with the provisions of K.S.A. 75-4215 , and amendments thereto. Upon receipt of each such remittance, the state treasurer shall credit the entire amount to the seat belt safety fund established by K.S.A. 8-1,181 , and amendments thereto. L. 2012, ch. 172, § 1; L. 2013, ch. 120, § 9; L. 2017, ch. 74, § 7; L. 2017, ch. 100, § 7; L. 2018, ch. 106, § 15; July 1. Revisor's Note: Section was also amended by L. 2017, ch. 78, § 5, but that version was repealed by L. 2017, ch. 100, § 13.

Source: Kansas Office of Revisor of Statutes (ksrevisor.gov)URL: https://www.ksrevisor.gov/statutes/ksa_ch12.htmlFetched: 10/20/2026