Chapter 9 · Municipal Court

Article 1. General Provisions

Sections 9-101 to 9-114 · 14 sections

9-101 Municipal court established.

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

(Ord. 185, Sec. 2; Code 1991)

9-102 Same; practice and procedure.

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 1991)

9-103 Time and place of sessions.

Municipal court shall be held in the Community Building on the first Thursday of every month at 5:00 p.m.

(Code 1991; Code 2023)

9-104 Municipal judge; appointment.

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint at the first governing body meeting in May following each regular city election the judge of the municipal court for a term of two years.

(Ord. 185, Sec. 3; C.O. No. 3, Sec. 4; Code 1991)

9-105 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.

(K.S.A. 12-4107; Code 1991)

9-106 Same; powers and duties.

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 1991)

9-107 Same; salary.

The municipal judge shall receive a salary as shall be fixed by the governing body.

(Code 1991)

9-108 Court clerk.

There is hereby established the office of the clerk of the municipal court of the City of Benton, 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 monthly salary of the clerk shall be fixed by the governing body.

(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.

(Code 1991)

9-109 Payment of fine.

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 1991)

9-110 Same; failure to pay separate violation.

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 1991)

9-111 Failure to appear.

(a)It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is presented to the court on or before the time and date scheduled for appearance.

(b)For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a violation of the laws of the city and has been released on bond for appearance before the municipal court for trial or other proceeding prior to conviction, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after his or her conviction of a violation of the laws of the city has become final by one who has been released on an appearance bond by any court of this state.

(c)Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her personally shall be deemed a person released on bond for appearance within the meaning of subsection (b) of this section.

(d)Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.

(Code 1991)

9-112 Probation officer.

There is hereby established the position of probation officer who shall serve at the pleasure of the municipal court judge and shall supervise municipal court defendants who, once convicted, have been placed on probation.

(Ord. 280, Sec. 1)

9-113 Same; assessment.

In each municipal court case in which the defendant is placed upon probation and is required to report to the city probation officer, the court shall impose an assessment of $75 payable by the defendant to defray the costs and expenses incurred by the city in providing the services of a probation officer.

(Ord. 280, Sec. 2)

9-114 Court costs.

(a)Costs shall be fixed at a base amount of $78.50.

(b)In addition thereto, court costs may include such additional amounts as may necessarily be spent to compel the attendance of witnesses, including expert witnesses, and may include such other expenses reasonably necessary within the discretion of the Court for the administration of justice. In addition thereto, costs authorized pursuant to the following statutes may be assessed: K.S.A. 12-4411, K.S.A. 20-1a11, K.S.A. 12-4117, K.S.A. 74-5619, K.S.A. 74-5620, K.S.A. 12-16,119.

(C.O. No. 5, C.O. No. 6; Ord. 2023-07)