Chapter 9 · Municipal Court

Article 1. General Provisions

Sections 9-101 to 9-113 · 13 sections

9-101 Municipal court established.

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

(Code 2022)

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 2022)

9-103 Time.

The day and time for convening of the Hillsboro City Municipal Court shall be the first Tuesday of each month commencing at 2:00 p.m. Central Time, then as in effect commencing with the month of April 2022. The presiding municipal judge shall have the authority to continue matters scheduled before the court to dates in variance herewith upon notice to the parties and at the court’s discretion.

(Ord. 1009, Sec. 1, Ord. 1344)

9-104 Place.

The place of meeting shall be in the Hillsboro City Council Chamber, City Building, Hillsboro, Kansas, or as convened elsewhere by order of the municipal judge for the court.

(Ord. 1009, Sec. 2)

9-105 Municipal judge; appointment.

The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city governing body, shall appoint the judge of the municipal court.

(C.O. No. 13; Code 2022)

9-106 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 2022)

9-107 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.; Code 2022)

9-108 Same; salary.

The municipal judge shall receive a salary as shall be fixed by ordinance.

(Code 2022)

9-109 Court clerk.

There is hereby established the office of the clerk of the municipal court of the City of Hillsboro, 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 quarterly 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 ordinance.

(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 2022)

9-110 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 2022)

9-111 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 2022)

9-112 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 $250.00.

(Code 2022)

9-113 Court costs.

Unless otherwise prohibited by City ordinance or Kanas law, persons who plead no contest, plead guilty, or who are convicted shall be assessed costs for the administration of justice in any municipal court case, including:

(a)Each case without regard to the number of counts, the fee as set forth in Section 1-1101.

(b)For mileage, subpoena, and witness costs for defense witnesses:

(1)Per day or any part thereof for an appearance, the fee as set forth in Section 1-1101.

(2)Plus, per mile actually driven over 5 miles, reimbursement consistent with the Internal Revenue Service allowed rate.

(3)State mandated fee including but not limited to:

(A)Judicial branch education fund (K.S.A 12-4116 and amendments thereto): Each case, without regard to the number of counts, shall be assessed an amount fixed by order of the State Supreme Court Funds collected pursuant to this assessment shall be distributed as required by state law.

(B)Local Law enforcement funds, (as required by state law K.S.A. 12-4117 and amendments hereto): Each case, without regard to the number of counts, charging a criminal or public offense or charging an offense defined as a traffic offense pursuant to state law shall be assessed an amount fixed by state law. Funds collected shall be distribute as required by state law.

(c)A fee for diversion as set forth in Section 1-1101.

(K.S.A. 12-4112; C.O. No. 5; C.O. No. 8; C.O. No. 12; C.O. No. 15; C.O. No. 17; C.O. No. 20; Ord. 1276; Code 2022; Ord. 1400)