K.S.A. ch. 12, art. 46 — CODE FOR MUNICIPAL COURTS; APPEALS | Kansas Statutes Annotated (through the 2025 legislative session) — Kansas

K.S.A. 12-4601 Appeal; stay of proceedings.

12-4601. Appeal; stay of proceedings. An appeal may be taken to the district court in the county in which said municipal court is located: (a) By the accused person in all cases; and (b) By the city upon questions of law. The appeal shall stay all further proceedings upon the judgment appealed from. No appeal shall be filed until after the sentence has been imposed. L. 1973, ch. 61, § 12-4601; L. 2013, ch. 118, § 1; July 1. Source or prior law: 12-1102, 13-611, 13-613, 14-815, 15-515. Law Review and Bar Journal References: Provision patterned after code of criminal procedure to simplify and unify court procedures, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 11 (1973). "An Additudinal Study of Kansas' Two-Tier Trial System," Michael Kaye, Fred Yaffe, 54 J.K.B.A. 212, 213 (1985). CASE ANNOTATIONS 1. Cited; error to dismiss complaints because municipal court refused to appoint and compensate counsel for indigent defendants' appeals. City of Overland Park v. Estell & McDiffett, 225 Kan. 599, 601, 592 P.2d 909. 2. To perfect appeal to district court, compliance with K.S.A. 22-3609(2) required; failure jurisdictional defect. City of Bonner Springs v. Clark, 3 Kan. App. 2d 8, 588 P.2d 477. 3. 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. 4. Mentioned; city ordinance prohibiting anyone from carrying firearms within city limits held unconstitutionally broad; judgment affirmed. City of Junction City v. Mevis, 226 Kan. 526, 528, 601 P.2d 1145. 5. Cited; absence of defendant or counsel at misdemeanor appeal trial (K.S.A. 22-3405) where untimely request for jury (K.S.A. 22-3609) made discussed. City of Overland Park v. Barnett, 10 Kan. App. 2d 586, 592, 705 P.2d 564 (1985). 6. Appeals from municipal court to district court limited to questions of law involving issues of statewide interest. City of Overland Park v. Travis, 253 Kan. 149, 152, 853 P.2d 47 (1993).

K.S.A. 12-4602 Same; procedure.

12-4602. Same; procedure. An appeal to the district court may be taken as provided in K.S.A. 22-3609 . The appearance bond may continue in effect throughout the appeal; however, the municipal judge may require a separate appeal bond. Hearing and judgment on appeal shall be as provided in K.S.A. 22-3610 and 22-3611 . L. 1973, ch. 61, § 12-4602; April 1, 1974. Source or prior law: 12-1102, 13-611, 13-613, 14-815, 15-515. Law Review and Bar Journal References: Provision patterned after code of criminal procedure to simplify and unify court procedures, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 11 (1973). "Municipal Corporations—Home Rule—City Ordinance Concerning Weapon Control is within the Scope of the Kansas Home Rule Amendment," 24 K.L.R. 421, 431 (1976). "Appellate Court Jurisdiction: An Update," Debra S. Byrd, 58 J.K.B.A. No. 1, 21, 23 (1989). Attorney General's Opinions: Code for municipal courts; powers and duties - contempt powers. 84-1. CASE ANNOTATIONS 1. Cited; error to dismiss complaints because municipal court refused to appoint and compensate counsel for indigent defendants' appeals. City of Overland Park v. Estell & McDiffett, 225 Kan. 599, 601, 592 P.2d 909. 2. To perfect appeal to district court, compliance with K.S.A. 22-3609(2) required; failure jurisdictional defect. City of Bonner Springs v. Clark, 3 Kan. App. 2d 8, 9, 588 P.2d 477. 3. 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, 500, 601 P.2d 1130. 4. Cited; absence of defendant or counsel at misdemeanor appeal trial (K.S.A. 22-3405) where untimely request for jury (K.S.A. 22-3609) made discussed. City of Overland Park v. Barnett, 10 Kan. App. 2d 586, 593, 705 P.2d 564 (1985). 5. Filing of appeal bond within 10 days not a jurisdictional requirement in perfecting appeal. City of Salina v. Aldridge, 14 Kan. App. 2d 108, 110, 782 P.2d 1257 (1989). 6. Failure of court officer to take procedural steps after appeal filed as not defeating appeal examined. City of Overland Park v. Pavelcik, 248 Kan. 444, 446, 806 P.2d 969 (1991). 7. Cited in ruling that failure to name in notice of appeal the only court appealable to a mere irregularity. City of Ottawa v. McMechan, 17 Kan. App. 2d 31, 32, 829 P.2d 927 (1992). 8. Cited in holding that appeals from municipal court on questions of law are limited to issues of statewide interest. City of Overland Park v. Travis, 253 Kan. 149, 151, 853 P.2d 47 (1993). 9. Whether uncounseled DUI diversion where defendant was not imprisoned may be used to enhance sentence in subsequent DUI conviction examined. Paletta v. City of Topeka, 20 Kan. App. 2d 859, 860, 893 P.2d 280 (1995). 10. Appeal bond is different from appearance bond; K.S.A. 22-3609 does not require appeal bond to be filed within 10 days to maintain jurisdiction. City of Newton v. Kirkley, 28 Kan. App. 2d 144, 12 P.3d 908 (2000).