Charter Ordinance No. 90  


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  • A CHARTER ORDINANCE EXEMPTING THE CITY OF WICHITA, KANSAS, FROM THE PROVISIONS OF K.S.A. 13-628a AND 13-628d, AND K.S.A. 12-4108, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO JUDGES AND THE CLERK OF THE MUNICIPAL COURT; REPEALING CHARTER ORDINANCE NO. 75 OF THE CODE OF THE CITY OF WICHITA, KANSAS, RELATING TO THE SAME SUBJECT; AND PROVIDING FOR THE POSITION OF CHIEF PROBATION OFFICER OF THE MUNICIPAL COURT.

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

    SECTION 1. The City of Wichita, Kansas, a commission-manager city of the first class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from, and makes inapplicable to it, the provisions of K.S.A. 13-628a and 13-628d, and K.S.A. 12-4108, and provide substitute and additional provisions as hereinafter set forth in this ordinance. Such referenced provisions are either enactments or a part thereof, which are applicable to this city, but are not applicable uniformly to all cities.

    SECTION 2. (Amended and repealed—See Charter Ordinance No. 117.)

    SECTION 3. (Amended and repealed—See Charter Ordinance No. 152, §§ 1 and 3.)

    SECTION 4. (a) The judges of the municipal court shall be selected as herein provided for terms of four years, the initial terms commencing on the third Tuesday in April, 1981.

    (b) In the event that a vacancy for the office of municipal court judge is filled during the four-year term provided by subsection (a), then that position shall expire on the expiration date of the term in which the appointment was made, the initial expiration date to be the third Monday in April, 1985.

    SECTION 5. (Amended and repealed—See Charter Ordinance No. 191, § 1.)

    SECTION 6. No judge of the municipal court shall engage in the practice of law.

    SECTION 7.  (Repealed—See Charter Ordinance No. 207, § 1)

    SECTION 8. (Amended and repealed—See Charter Ordinance No. 142.)

    SECTION 9. Judges of the municipal court of Wichita, Kansas, shall be subject to recall or removal as provided in the Rules of the Kansas Supreme Court Relating to Judicial Conduct. Further, the administrative judge and the two senior district court judges of the Eighteenth Judicial District will act as a committee with the authority to suspend a judge of the municipal court for good cause shown.

    SECTION 10. (a) The judges of the three divisions of the municipal court shall have concurrent jurisdiction over all criminal and traffic violations involving the ordinances of the city and arising within the corporate limits of the city.

    (b) The three divisions of the court shall be in session on each day of the year except Saturdays, Sundays, and legal holidays.

    (c) The administrative judge shall upon the effective date of this ordinance and thereafter annually, in conjunction with budget preparation, submit for the approval of the Board of the City Commissioners a schedule of the hours during which each division of court shall be in session.

    (d) In each division of the court, there shall be daily dockets scheduled for the trial of cases and the transaction of all local business assigned for disposition to such division. In the rules of practice and procedure authorized by Section 11 herein, the judges shall prescribe the schedule of such dockets for the trial and disposition of criminal and traffic violations.

    (e) Each judge at a regular session of the division shall have and exercise all the powers and functions which he or she might have and exercise if he or she were the sole judge of the court.

    (f) The provisions of K.S.A. 12-4107, and amendments thereto, relating to judges pro tempore shall apply and the compensation of judges pro tempore shall be fixed by the Board of City Commissioners.

    SECTION 11. (Amended and repealed—See Charter Ordinance No. 152, §§ 2 and 3.)

    SECTION 12. (Amended and repealed—See Charter Ordinance No. 117.)

    SECTION 13. Charter Ordinance No. 75 of the Code of the City of Wichita, Kansas, is hereby repealed.

    SECTION 14. This ordinance shall be published once each week for two consecutive weeks in the official city paper.

    SECTION 15. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

    SECTION 16. (Added—See Charter Ordinance No. 159.)

    SECTION 17. (Added—See Charter Ordinance No. 167.)

    PASSED BY THE GOVERNING BODY, not less than two-thirds of the members elect voting in favor thereof, this 2nd day of August, 1983.

    MARGALEE WRIGHT
    Mayor

    ATTEST: (SEAL)

    DONALD C. GISICK
    City Clerk