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

(Code 1988)

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 1988)

Municipal court shall be held in the municipal courtroom in the city hall building, or at such other place designated by the city Council, and shall convene no less frequently than the first Tuesday of each month at 10:00 a.m., or at such additional times as may be designated by the City Council.

(Ord. 1007; Ord. 1087; Code 2022)

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court.

(Code 1988)

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 1988)

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 1988)

The municipal judge shall receive a salary as shall be fixed by ordinance.

(Code 1988)

(a)   General costs. Whenever a defendant, in a case before the municipal court of the city is convicted of a violation of a municipal ordinance, or ordinances, or enters into a diversion agreement concerning a violation thereof, said defendant shall be assessed court costs in the amount of $100.00. Said sum shall be in addition to any fine that is imposed by the court for said violation.

(b)   Attorney fees. As part of the court costs, the municipal judge shall also assess to the defendant, upon conviction, 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 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 petition the court 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 constitute a hardship on the defendant or the defendant’s immediate family, the court may waive payment of all or a portion of the amount due, or modify the payment amount or due date.

(c)   Fingerprint fees. A fee in the amount of $50.00 shall be assessed against any defendant convicted of violating a municipal ordinance that prohibits conduct comparable to a Class A or B misdemeanor, or assault as defined in K.S.A. 21-5412, and amendments thereto.

(d)   Record fees. Any costs incurred by the city to obtain records in support of a pending charge (e.g., a certified driving record; lab reports; etc.) shall, upon conviction, be assessed against the defendant.

(e)   Incarceration fees. The municipal court judge shall assess the jail costs the City incurs for each day, or portion thereof, that a convicted defendant is required to serve in jail in an amount equal to the rate the City is charged for the jail time by the Montgomery County Department of Corrections.

(f)   Medical fees. Any costs incurred by the city for the provision of medical treatment of a defendant who is arrested and/or incarcerated pursuant to a city ordinance, or due to an order of the municipal court judge, shall be assessed against the defendant.

(g)   Expungement fees. In addition to any other costs, the municipal court shall assess the sum of $100.00 for each expungement petition filed with the municipal clerk.

(h)   Warrant fees. The municipal court shall assess as additional court costs the sum of $50.00 against each person for whom an arrest warrant has been issued for such person’s failure to appear at a scheduled hearing.

(i)    Drug Test Kit Fee. A fee in the amount of $25.00 shall be assessed against any defendant convicted of committing a drug-related offense where a drug test kit was utilized.

(j)    If the defendant is unable to pay the costs assessed, there shall be and remain a judgement against the defendant, which may be enforced as a judgement for payment of money in civil cases.

(k)   For the purpose of determining the amount of court costs to be assessed in accordance with this article, 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 assessment purposes.

(l)    If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the person initiating for instituting the prosecution. If, after such hearing, the court determines the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness of other person initiating the prosecution.

(m)  Court costs shall not be assessed on parking tickets.

(C.O. No. 25; Ord. 2144; Ord. 2172; Ord. 2181; C.O. No. 32; Code 2022; Ord. 2195)

For attorneys appointed to represent indigent defendants charged in the Municipal Court ·of Caney, Kansas, as adults, the City shall pay fees at the rate of $40.00 per hour for out of Court time, and $40.00 per hour for in Court time. Mileage shall also be paid at the rate of 22 cents per mile.

(Ord. 964; Code 2022)

There is hereby created an Alcohol and Drug Safety Action Fund of the Municipal court of the City of Caney, Kansas, into which all assessments imposed against persons entering into diversion agreements for violations of K.S.A. 8-1567, or section 30 of Ordinance No. 966 incorporating by reference the Standard Traffic Ordinance for Kansas cities in the City of Caney, Kansas, shall be deposited. All expenditures from said fund shall be in accordance with the provisions of K.S.A. 8-1008, as hereafter amended or supplemented.

(Ord. 974; Code 2022)

(a)   It shall be unlawful for any person charged with a violation of any ordinance of the city to willfully incur the forfeiture of appearance bond and fail to surrender himself or herself within 30 days following the date of such forfeiture for trial or other proceeding prior to conviction, and it shall be unlawful for any person released on an appearance bond to willfully incur the forfeiture of the bond and fail to surrender himself or herself within 30 days after his or her conviction in the municipal court has become final.

(b)   Any person who is released upon his or her own recognizance or promise to appear, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a) above.

(c)   The provisions of subsection (a) shall not apply to any person who forfeitures a cash bond supplied pursuant to law.

(d)   Any person who violates the provisions of this section shall, upon conviction be punished by a fine of not less than $10 nor more than $100 or by imprisonment · for not more than 30 days, or by both such fine and imprisonment.

(Ord. 786, Secs. 1:4)