There is hereby established a municipal court for the City of Baldwin City, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.
(Code 1971, 9-101; Code 1985)
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 1971, 9-103; Code 1985)
Municipal court shall be held in the City Hall building and on the days and hours as the Municipal Judge designates.
(Ord. 1109, Sec. 1; Code 2005)
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 1971, 9-102; Code 1985)
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 1985)
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 1971, 9-103, 9-105:115; Code 1985)
The municipal judge shall receive a salary as shall be fixed by ordinance.
(Code 1971, 9-104; Code 1985)
Court costs may be assessed against the accused person for the administration of justice in any municipal court case where the accused person pleads guilty or nolo contendere or is found guilty. Costs shall be levied in the amount of seventy-five ($75.00) dollars per case. In addition thereto, the municipal judge may assess witness fees and mileage as set forth in K.S.A. 12-4411.
(C.O. 18; Code 2006; C.O. 22; Ord. 1254)
If it appears to the municipal court that prosecution was instituted without probable cause and from malicious motives, the court may require the complaining witness or other person instituting the prosecution to appear and answer concerning his or her motives for instituting the prosecution. If upon hearing, the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or other person initiating the prosecution.
(C.O. No. 7, Sec. 3)