Article I General Provisions
[Code 1983; CC 2000 §9-101]
There is hereby established a Municipal Court for the City of Mission, Kansas. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the City. Search warrants shall not issue out of a Municipal Court.
[Code 1983; CC 2000 §9-102]
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.
[Ord. No. 22 §§1 — 2, 8-20-2008, to be effective 11-3-2008]
The City of Mission, Kansas, pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, elects to exempt itself from the application of the provisions of K.S.A. 12-4112 regulating Municipal Court costs.
The City of Mission, Kansas, shall, by the adoption of municipal ordinances, provide for Municipal Court costs, fees and assessments as may be set forth in such ordinances.
[Code 1983; CC 2000 §9-103]
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.
[Code 1983; CC 2000 §9-104]
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 1983; CC 2000 §9-105]
The Municipal Judge shall receive a salary as shall be fixed by ordinance.
[Code 1987; CC 2000 §9-106]
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.
[Code 1987; CC 2000 §9-107]
There is hereby established the office of the Clerk of the Municipal Court of the City of Mission, Kansas, which shall be an hourly position of the City. The duties of the office shall be those prescribed by the Code for Municipal Courts set forth in Chapter 12, Article 41 of the Kansas Statutes, as well as those set out by law by the City, and shall include the following duties:
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 Finance Director all fines and forfeited bonds paid into the Court. The Clerk shall make reports to the Judicial Administrator and furnish the information when requested by him/her or a departmental justice on such forms furnished by the Judicial Administrator and approved by the Supreme Court.
The Clerk of the Municipal Court shall, within ten (10) days after selection and before entering upon the duties of office, 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 him/her by law and for the faithful application and payment of all monies that may come into his/her hands in the execution of the duties of the office. The City shall pay the cost of such bond.
The compensation of the Clerk shall be fixed by ordinance.
[Ord. No. 1275 §1, 8-20-2008; Ord. No. 1319 §1, 2-17-2010; Ord. No. 1331 §1, 8-18-2010; Ord. No. 1435 §1, 1-20-2016]
There is hereby established the following Court costs in the Municipal Court of the City of Mission, Kansas: In any case where the accused person is found guilty by the Court, such person shall pay:
General court costs: Thirty dollars ($30.00) which shall be allocated to pay nineteen dollars ($19.00) for Law Enforcement Training Center Fund; one dollar ($1.00) Judicial Branch Education Fund; and the balance for Municipal Court costs.
Fuel assessment fee: Up to eight dollars ($8.00) which shall be allocated to pay for fuel costs for the Police Department.
Court facility assessment up to twenty dollars ($20.00); this sum shall be allocated to pay the cost of meeting ADA compliance requirements for the Municipal Court facilities.