A CHARTER ORDINANCE RELATING TO THE IMPOSITION AND COLLECTION OF MUNICIPAL COURT COSTS, AND RELATED FEES AND REPEALING ORDINANCE NO. 782.

WHEREAS, the City of Chapman, Kansas, is a city of the Third Class, and

WHEREAS, K.S.A. 12-4112 prohibits the assessment of court costs for the administration of justice in any municipal court, and

WHEREAS, Attorney General Opinion 78-302 states that the “KANSAS CODE OF PROCEDURE FOR MUNICIPAL COURTS” does not apply uniformly to all cities in the State of Kansas, and

WHEREAS, the City of Chapman hereby elects to exempt itself from the provisions of K.S.A. 12-4112, as amended, pursuant to its home rule powers as set forth in Article 12,Section 5(c)(1) et seq. of the Kansas Constitution and to provide for substitute and or additional provisions on the same subject.

BE IT THEREFORE ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHAPMAN, KANSAS:

Section 1 That the City of Chapman hereby elects to exempt itself from the provisions of K.S.A 21-4112, as amended, pursuant to Article 12, Section 5(c)(1) et seq. of the Kansas Constitution.

Section 2. That in lieu of K.S.A. 21-4112, the City of Chapman hereby adopts the following schedule of court costs and fees to be charged in the Municipal Court of Chapman, Kansas, and the Traffic Bureau:

A.   For docketing any case and thereafter entering any final judgment or order: $59.00.

B.    For furnishing a transcript or judgment of appeal to be charged against defendant if said judgment appealed from is affirmed: $50.00.

C.    For executing any document in the Traffic Bureau which constitutes a Waiver of Trial and/or an authorization to enter a plea of guilty on behalf of the defendant: $31.50.

Section 3. All court costs and fees provided by this Charter Ordinance are to be collected by the Municipal Judge or Municipal Court Clerk, and shall be paid into a fund hereby created called the Chapman Municipal Court Clerk, and shall be paid into a fund hereby created called the Chapman Municipal Court fund. Said fund shall be maintained by the City Clerk of the City of Chapman to be disbursed upon proper voucher for the following purposes:

A.   For payment of attorney fees properly charged against said fund for representation of indigent defendants, as provided by law, and approved by Municipal Judge.

B.    For payment of the cost of seminars attended by Court Officers, Clerks, and Judicial Officers of the Municipal Court of the City of Chapman, and approved by the Judge.

C.    For payment of equipment and supplies as required and approved by the Municipal Judge.

D.   To transfer any excess to the City General Fund once each year as ordered by the Governing Body of the City of Chapman.

Section 4. Ordinance No. 782 is hereby repealed in its entirety.

(02-12-2003; Repealed by C.O. No. 919)