A CHARTER ORDINANCE RELATING TO THE IMPOSITION AND COLLECTION OF MUNICIPAL COURT COSTS, AND RELATED FEES.

WHEREAS, the City of Abilene, Kansas, is a city of the Second 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 Abilene 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 ABILENE, KANSAS:

Section 1. That the City of Abilene 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. Future changes in court costs, transcript fees and bench warrant costs shall be set by ordinance adopted by the city commission at any date after this charter ordinance becomes effective.

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 Abilene Municipal Court fund. Said fund shall be maintained by the City Clerk of the City of Abilene 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 Abilene, 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 Abilene.

(07-26-2010)