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

(Code 2021)

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 2021)

Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates.

(Code 2021)

The municipal court shall be presided over by a municipal judge. The mayor, with consent of the council, shall appoint the judge of the municipal court.

(Code 2021)

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 office in the same manner as the municipal judge was appointed.

(K.S.A. 12-4107; Code 2021)

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 2021)

The municipal judge shall receive compensation as shall be fixed by resolution.

(Code 2021)

There is hereby established the office of the clerk of the municipal court of the City of Andale, Kansas, which office shall be filled by appointment by the municipal judge of the municipal court. 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, and shall include the following duties:

(a)   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 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.

(b)   The clerk of the municipal court shall within 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 file in the office of the city clerk, conditioned for the faithful performance of the duties required of him or her by law, and for the faithful application and payment of all moneys that may come into his or her hands in the execution of the duties of the office. The city shall pay the cost of such bond.

(c)   The compensation of the clerk shall be fixed by resolution.

(d)   A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the mayor may temporarily suspend any such appointed clerk.

(K.S.A. Supp. 12-4108; Code 2021)

Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal court immediately on the rendition of judgment, or at such time as the municipal judge shall determine.

(Code 2021)

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

(Code 2021)

(a)   It shall be unlawful for any person to fail to appear in answer to a written summons issued to such person by a Police Officer of the City of Andale, Kansas, for any violation of the ordinances of the City of Andale, Kansas.

(b)   Any person who fails to appear in answer to such a written summons issued to him by a Police Officer for any violation of the ordinances of the City shall be deemed guilty of a misdemeanor and upon conviction thereof shall, for the first conviction thereof be punished by a fine of not more than One Hundred ($100.00) Dollars, or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter such person shall be punished by a fine of not more than Two Hundred ($200.00) Dollars, or by imprisonment for not more than twenty (20) days, or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction, any person shall be punished by a fine of not more than Five Hundred ($500.00) Dollars, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. 73-4; Code 2021)

(a)   Court costs and fees shall include:

(1)   Court costs and fees totaling one hundred dollars ($100.00) shall be assessed against each accused person who enters a plea of guilty or nolo contendere, or enters a plea of not guilty or nolo contendere, if subsequently found guilty in all cases in the Andale Municipal Court, unless otherwise provided under state statute; and

(2)   Such court costs and fees include the collection of all additional court costs, fees and assessments imposed by the state of Kansas to be collected by the municipal court, including costs and fees for the judicial branch education fund, law enforcement training center program, protection from abuse fund, crime victims’ assistance fund and the department of corrections forensic psychologist fund; and

(3)   A separate fee of twenty-five dollars ($25.00) shall be collected for the service of warrants; and

(4)   A separate fee of twenty-five dollars ($25.00) shall be collected for administrative costs related to failure to appear;

(5)   A separate non-refundable fee of one hundred dollars ($100.00) shall be collected for an application for expungement of any municipal case entry; and

(6)   A separate fee to be paid to an attorney, properly appointed by a judge of the Andale Municipal Court to represent an indigent defendant charged with a crime punishable with a jail sentence in the Municipal Court of the City of Andale, Kansas, shall be set by the judge of the City of Andale, Kansas.

(b)   A separate booking fee in the amount of twenty-five dollars ($25.00) shall be assessed against any defendant in each case in which said defendant has been booked into jail.

(c)   In accordance with state statute, the cost of collection shall be paid by the defendant as a separate and 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, including the state of Kansas. 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 a court debt and restitution.

(d)   These charges shall be assessed in addition to and not in lieu of the fees and mileage of witnesses which may be assessed in accordance with K.S.A. 12-4411.

(e)   The municipal court judge may, upon appropriate findings that the interests of justice would be best served, abate all or a portion of the costs imposed in this section except those costs found in subsection (a)(2).

(K.S.A. 12-4112; C.O. No. 18-2; Ord. 94-4; Ord. 3-13; Res. 1-18; Code 2021)