Article 1. Municipal Court Operation
5.1.1. Municipal court established.
There is hereby established a Municipal Court for the City of Bel Aire, Kansas. The Municipal Court shall have jurisdiction to hear and determine cases involving violations of this Code.
(Ord. 117)
5.1.2. 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.
(Ord. 117)
5.1.3. Time and place.
The Municipal Court shall be held at the Bel Aire City Hall, 7651 East Central Park Avenue, Bel Aire, Kansas at such times as designated by the Municipal Judge(s) of the Municipal Court.
(Ord. 117)
5.1.4. Judicial appointment.
The Municipal Court shall be presided over by the Municipal Judge(s) of the Municipal Court. The Mayor, with the consent of the Council, shall appoint the Municipal Judge(s) of the Municipal Court.
(Ord. 117)
5.1.5. Judicial powers and duties.
The Municipal Judge(s) 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).
(Ord. 117)
5.1.6. Judicial compensation.
The Municipal Judge(s) shall receive compensation as established by contract with City.
5.1.7. Delegation of authority.
The Municipal Judge may authorize a Clerk of the Municipal Court or some other person to accept such voluntary appearances and plea of guilty or nolo contendere and to accept the fine imposed by this schedule.
(Ord. 137)
5.1.8. Suspension of sentence.
Whenever a person has been found guilty of a violation of this Code, based upon verdict or plea, the Court may suspend the imposition of sentence, but in no event shall the total period of suspension of sentence exceed the maximum term provided by this Code for the violation.
(Ord. 137)
5.1.9. Depositions.
The Kansas Code of Criminal Procedure shall govern, insofar as applicable, the procedure for discovery. Depositions will not be taken or used without written agreement of both parties filed with the Court or by order of the Court and subject to the Kansas Code of Criminal Procedure, insofar as applicable.
(Ord. 137)
5.1.10. Subpoenas.
All parties shall be entitled to the use of subpoenas to compel attendance of witnesses within the State. The Municipal Judge or Clerk shall issue a subpoena which may be served by any law enforcement officer upon the named person. Disobedience may constitute contempt.
(Ord. 137)
5.1.11. Malicious prosecution.
If, upon motion or upon its own determination, it appears to the Court that a prosecution was instituted by a non-law enforcement complainant without probable cause and with malicious motives, the Court may require the complainant to appear and answer concerning such complainant’s motives for instituting the prosecution. If, upon hearing, the Court determines that prosecution was instituted without probable cause and with malicious motives, all costs of the case shall be assessed against the complainant.
5.1.12. Judge pro tempore.
In the event the Municipal Judge is temporarily unable to preside due to absence, illness or disqualification, the Judge shall designate a qualified attorney to act as judge pro tempore.
(K.S.A. 12-4107)
5.1.13. Judge pro tempore, compensation.
The judge pro tempore shall receive compensation as established in the salary schedule of Bel Aire.
(K.S.A. 12-4107)