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)

(a)      General Costs. In addition to other assessments made by the Municipal Court of Baldwin City, Kansas, there is hereby established a court cost of $75.00 to be assessed against each person who enters a plea of guilty or no contest to or is found guilty of, or forfeits a bond for or is granted a diversion for the violation of any provision of the Code of Baldwin City, Kansas; provided that no such costs shall be assessed for a violation or a charge for violating a section of the Code which involves a parking violation other than of a regulation relating to handicapped parking, or a violation of occupant safety laws defined in the Standard Traffic Ordinance for Kansas Cities.

(b)     Attorney Fees. As part of the court costs, the Municipal Court shall also assess to the Defendant, if convicted, 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 at any time petition the court which sentenced the defendant 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 impose manifest hardship on the defendant or the defendant’s immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.

(c)      Incarceration Fees. The Municipal Court Judge shall assess the jail costs the City incurs for each day or portion of a day that the convicted person serves in jail at the rate the City is charged for the jail time by Douglas County. The current rate charged the City for jail time shall be included as an entry in the Municipal Court’s fine schedule.

(d)     Expungement Fees. As part of the court costs, the Municipal Court shall assess the sum of $100.00 for each expungement ordered by the Court.

(e)      Warrant Fees. The Municipal Court shall assess as court costs the sum of $50.00 against each person named or described in an arrest warrant made by the Municipal Court Judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.

(C.O. 18; Code 2006; C.O. 22; Ord. 1254; Ord. 1278)

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)