- Jurisdiction
- Kansas
A Kansas Municipal Court has jurisdiction over city Ordnances however The provisions of an ordinance must be consistent with state law; the ordinance may not conflict with or be preempted by a state law.
Under Kansas Law municipal courts must if no procedure is provided by code, the court shall proceed in any lawful manner consistent with any applicable law and not inconsistent with Kansas code.
However The Municipal Court has done this
I was arrested but was not taken to jail or taken before a Judge, When I was stopped I was told my tags on my mother in law car had expired I told the officer then to arrest me and that i was exercising my right to remain silent and that I wanted assistance of counsel. was charged with interference with law enforcement.
For my first appearance : was a phone call to the Municipal court and then was called back by the City Attorney, there was no safeguard of rights,
First appearances have a specifically limited purpose. the defendant is not asked to offer any defense or explanation of the incident, nor are they asked to plead guilty or not guilty. Rather, this appearance is to safeguard the defendant's rights as held in by the Kansas Supreme Court in State v. Wakefield.
I filed a motion to dismiss, set a date for a motion hearing with the city clerk however was never sent any thing more on the matter so I requested a copy of the motion to dismiss.
Letter from City Prosecutor
Municipal Court Case No. 22-12157
Second, I will respond in my capacity as City Prosecutor.
As a matter of procedure, our Court Clerk did receive your Motion to Dismiss. However,
that Motion is not a request for information, and it is not subject to the provisions of KORA.
The Court has not been able to take any action on your motion because you have not yet
appeared for your arraignment.
You are required to appear in court for your arraignment, during which the charges against
you will be read and you will have an opportunity to enter a plea of Guilty, No Contest, or
Not Guilty. You may appear remotely by calling XXX-XXX-XXXX between the hours of
10:00 a.m. and 4:00 p.m., or in person by appearing within the same time frame at the
City Hall, Municipal Court Clerk's Office,
After a Motion to Dismiss has been filed, the opposing party can file an Answer to Motion to Dismiss. This response disputes the claims made in the motion. Once the motion and answer have been filed, a hearing will be held in which the judge will decide if a dismissal is warranted. If the judge does not agree, the case proceeds normally.
The citation states I was arrested, however i was released by the officer
22-2406. Release by officer of person arrested. A law enforcement officer having custody of a person arrested without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.
It was a traffic stop
22-2401. Arrest by law enforcement officer. A law enforcement officer may arrest a person under any of the following circumstances
d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.
8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases. (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto, if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.
(b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
Information required under K.S.A 8-2106 has no requirement to file a complaint in the Municipal Court,the requirement to file specified is found under (d), (e) and that is to appear in court before the Judge of the District court not Municipal Court.
K.S.A 8-2106 B reads as
" (b) The citation shall contain a notice to appear in court, the name and address of the person, the type of vehicle the person was driving, whether hazardous materials were being transported, whether an accident occurred, the state registration number of the person's vehicle, if any, a statement whether the vehicle is a commercial vehicle, whether the person is licensed to drive a commercial motor vehicle, the offense or offenses charged, the time and place when and where the person shall appear in court, the signature of the law enforcement officer, and any other pertinent information. "
K.S.A 8-2106 only states that the citation shall contain a notice to appear in court, it does not state what court to find the court we must read the entirety of the code. K.S.A 8-2106 D and E reads as:
(d) The place specified in the notice to appear shall be before a judge of the district court within the county in which the offense is alleged to have been committed.
(e) Except in the circumstances to which subsection (a) of K.S.A. 8-2104, and amendments thereto, apply, in the discretion of the law enforcement officer, a person charged with a misdemeanor may give written promise to appear in court by signing at least one copy of the written citation prepared by the law enforcement officer, in which event the law enforcement officer shall deliver a copy of the citation to the person and shall not take the person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. Such notice to appear shall contain a provision that the person's failure to either pay such fine and court costs or appear at the specified time may result in suspension of the person's drivers' license as provided in K.S.A. 8-2110, and amendments thereto. The notice to appear shall provide a space where the law enforcement officer shall enter the appropriate fine specified in the uniform fine schedule contained in K.S.A. 8-2118, and amendments thereto, for the violation charged and court costs in the amount provided by law. If the notice to appear does not do so, the law enforcement officer shall provide a person charged with a traffic infraction a form explaining the person's right to appear and right to a trial and the person's right to pay the appropriate fine and court costs prior to the appearance date. The law enforcement officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.
Vagueness of legislature's delegation of authority to judges
K.S.A 12-4202 Complaint; requirements; form the required code for K.S.A 12-4202 to be deem sufficient if in substantially the form of the complaint set forth in K.S.A 12-4205 However K.S.A 12-4205 was REPEALED.
K.S.A 12-4204 Notice to appear; contents; form requirements; form the required code for K.S.A 12-4204 to be deem sufficient if in substantially the form of the complaint set forth in K.S.A 12-4205 However K.S.A 12-4205 was REPEALED.
However K.S.A 12-4205a Complaint and notice to appear in municipal court. In all cases a complaint and notice to appear in municipal court may be made in the form of the complaint and notice to appear which shall be deemed sufficient if it contains the information required by subsection (b) of K.S.A. 8-2106, and amendments thereto. K.S.A 8-2106 (b) does not state which court, only that the citation shall contain a notice to appear in court, The provision prohibiting cities from passing ordinance in conflict with State Law, The Kansas Constitution the State can preempt a city's authority.
Kansas Statues
12-4201. Commencement of prosecution. The prosecution for the violation of municipal ordinances shall be commenced by the filing of a complaint with the municipal court.
Under Kansas Law municipal courts must if no procedure is provided by code, the court shall proceed in any lawful manner consistent with any applicable law and not inconsistent with Kansas code.
However The Municipal Court has done this
I was arrested but was not taken to jail or taken before a Judge, When I was stopped I was told my tags on my mother in law car had expired I told the officer then to arrest me and that i was exercising my right to remain silent and that I wanted assistance of counsel. was charged with interference with law enforcement.
For my first appearance : was a phone call to the Municipal court and then was called back by the City Attorney, there was no safeguard of rights,
First appearances have a specifically limited purpose. the defendant is not asked to offer any defense or explanation of the incident, nor are they asked to plead guilty or not guilty. Rather, this appearance is to safeguard the defendant's rights as held in by the Kansas Supreme Court in State v. Wakefield.
I filed a motion to dismiss, set a date for a motion hearing with the city clerk however was never sent any thing more on the matter so I requested a copy of the motion to dismiss.
Letter from City Prosecutor
Municipal Court Case No. 22-12157
Second, I will respond in my capacity as City Prosecutor.
As a matter of procedure, our Court Clerk did receive your Motion to Dismiss. However,
that Motion is not a request for information, and it is not subject to the provisions of KORA.
The Court has not been able to take any action on your motion because you have not yet
appeared for your arraignment.
You are required to appear in court for your arraignment, during which the charges against
you will be read and you will have an opportunity to enter a plea of Guilty, No Contest, or
Not Guilty. You may appear remotely by calling XXX-XXX-XXXX between the hours of
10:00 a.m. and 4:00 p.m., or in person by appearing within the same time frame at the
City Hall, Municipal Court Clerk's Office,
After a Motion to Dismiss has been filed, the opposing party can file an Answer to Motion to Dismiss. This response disputes the claims made in the motion. Once the motion and answer have been filed, a hearing will be held in which the judge will decide if a dismissal is warranted. If the judge does not agree, the case proceeds normally.
The citation states I was arrested, however i was released by the officer
22-2406. Release by officer of person arrested. A law enforcement officer having custody of a person arrested without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.
It was a traffic stop
22-2401. Arrest by law enforcement officer. A law enforcement officer may arrest a person under any of the following circumstances
d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases. (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto, if:
(1) Such person demands an immediate appearance before a judge; or
(2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.
(b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
(c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.
(d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.
Information required under K.S.A 8-2106 has no requirement to file a complaint in the Municipal Court,the requirement to file specified is found under (d), (e) and that is to appear in court before the Judge of the District court not Municipal Court.
K.S.A 8-2106 B reads as
" (b) The citation shall contain a notice to appear in court, the name and address of the person, the type of vehicle the person was driving, whether hazardous materials were being transported, whether an accident occurred, the state registration number of the person's vehicle, if any, a statement whether the vehicle is a commercial vehicle, whether the person is licensed to drive a commercial motor vehicle, the offense or offenses charged, the time and place when and where the person shall appear in court, the signature of the law enforcement officer, and any other pertinent information. "
K.S.A 8-2106 only states that the citation shall contain a notice to appear in court, it does not state what court to find the court we must read the entirety of the code. K.S.A 8-2106 D and E reads as:
(d) The place specified in the notice to appear shall be before a judge of the district court within the county in which the offense is alleged to have been committed.
(e) Except in the circumstances to which subsection (a) of K.S.A. 8-2104, and amendments thereto, apply, in the discretion of the law enforcement officer, a person charged with a misdemeanor may give written promise to appear in court by signing at least one copy of the written citation prepared by the law enforcement officer, in which event the law enforcement officer shall deliver a copy of the citation to the person and shall not take the person into physical custody.
(f) When a person is charged with a traffic infraction, the notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. Such notice to appear shall contain a provision that the person's failure to either pay such fine and court costs or appear at the specified time may result in suspension of the person's drivers' license as provided in K.S.A. 8-2110, and amendments thereto. The notice to appear shall provide a space where the law enforcement officer shall enter the appropriate fine specified in the uniform fine schedule contained in K.S.A. 8-2118, and amendments thereto, for the violation charged and court costs in the amount provided by law. If the notice to appear does not do so, the law enforcement officer shall provide a person charged with a traffic infraction a form explaining the person's right to appear and right to a trial and the person's right to pay the appropriate fine and court costs prior to the appearance date. The law enforcement officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.
Vagueness of legislature's delegation of authority to judges
K.S.A 12-4202 Complaint; requirements; form the required code for K.S.A 12-4202 to be deem sufficient if in substantially the form of the complaint set forth in K.S.A 12-4205 However K.S.A 12-4205 was REPEALED.
K.S.A 12-4204 Notice to appear; contents; form requirements; form the required code for K.S.A 12-4204 to be deem sufficient if in substantially the form of the complaint set forth in K.S.A 12-4205 However K.S.A 12-4205 was REPEALED.
However K.S.A 12-4205a Complaint and notice to appear in municipal court. In all cases a complaint and notice to appear in municipal court may be made in the form of the complaint and notice to appear which shall be deemed sufficient if it contains the information required by subsection (b) of K.S.A. 8-2106, and amendments thereto. K.S.A 8-2106 (b) does not state which court, only that the citation shall contain a notice to appear in court, The provision prohibiting cities from passing ordinance in conflict with State Law, The Kansas Constitution the State can preempt a city's authority.
Kansas Statues
12-4201. Commencement of prosecution. The prosecution for the violation of municipal ordinances shall be commenced by the filing of a complaint with the municipal court.
