There is hereby established a municipal court for the City of Paola, 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 at the Paola Justice Center Building in the Municipal Court Room at 805 North Pearl Street, Paola, Kansas, commencing at 1:00 P.M. on Thursday of each week, excepting that if such day falls on a holiday, said Court shall not be held, and said Court shall be held at such other time of day of the week, except Sunday, as the Court determines convenient.

(Prior Code 2016 §115.050; Ord. 2580; Ord. 2720; Ord. 2934; Ord. 2981; Code 2021)

(a)   The Municipal Court of the City of Paola, Kansas, shall be presided over by a Municipal Judge. The Judge shall be appointed by the City Manager of said City, and the person so appointed shall be qualified as required by K.S.A. 12-4105. The Municipal Judge shall be a conservator of the peace, and shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the City. The powers and duties of said Municipal Judge shall be those provided by Article 41 of Chapter 12 of the Kansas Statutes Annotated.

(b)   In the event the Municipal Judge is temporarily unable to preside due to absence, illness or disqualification, he/she 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 by the City Manager of the City of Paola. The judge pro tempore shall receive compensation in the same manner as the 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.

(Prior Code 2016 §115.020; Ord. 2153; Code 2021)

In the event the Municipal Judge is temporarily unable to preside due to absence, illness or disqualification, he/she 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 by the City Manager of the City of Paola. The judge pro tempore shall receive compensation in the same manner as the 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; Prior Code 2016 §115.030; Ord. 2153; 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 a salary as shall be fixed by ordinance.

(Code 2021)

There is hereby established the office of the clerk of the municipal court of the City of Paola, 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 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; Prior Code 2016 §115.040; Ord. 2153; 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 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).

(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 2021)

(a)   Court Costs. In each case filed in the Municipal Court charging a criminal or public offense or charging a violation of the Standard Traffic Ordinance for Kansas Cities adopted by the City of Paola and amendments thereto, where there is a finding of guilty, a plea of guilty, a plea of no contest, forfeiture of bond or a diversion, a sum in the amount of ninety dollars ($90.00) shall be assessed to the defendant as Court costs plus any additional assessments as provided for in K.S.A. 12-4112 and any amendments thereto or by order of the Kansas Supreme Court.

(b)   Warrant Fees. In the event a warrant is issued by the Municipal Judge in the Municipal Court of the City of Paola, Kansas, the Municipal Judge is hereby empowered to charge a fee of fifty dollars ($50.00) if the defendant surrenders on the warrant or the warrant is set aside. In the event that the warrant is served by a Law Enforcement Officer, the Municipal Judge is hereby empowered to assess a one hundred dollar ($100.00) fee to the defendant.

(c)   The court costs and warrant fees provided for in this section shall be in addition to the fine imposed.

(d)   In case of extreme hardship, the Municipal Judge is hereby empowered to waive Court costs or to permit the payment of the same by installments.

(K.S.A. 12-4112; Prior Code 2016 §115.010; C.O. No. 11; C.O. No. 13; C.O. No. 15; C.O. No. 18; Code 2021; C.O. No. 21)

(a)   For attorneys appointed to represent indigent defendants charged in the Municipal Court of Paola, Kansas, as adults, the City shall pay fees at the rate of seventy dollars ($70.00) per hour.

(b)   Notwithstanding the provisions of subsection (a) hereof, the maximum fee to be paid an appointed attorney for any one (1) indigent representation shall be seven hundred dollars ($700.00).

(c)   Upon completion of representation of an indigent defendant in the Paola Municipal Court, the appointed attorney shall present claim for payment to the City Clerk.

(d)   For services rendered an indigent defendant for appeal and trial in the District Court of Miami County, Kansas, the fees to be paid to the attorney representing the indigent defendant shall be as set out in subsections (a) and (b) hereof.

(Prior Code 2016 §115.060; Ord. 2385; Ord. 2780; Ord. 2922; Ord. 3169; Code 2021)