A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 15 EXEMPTING THE CITY OF IOLA, KANSAS, FROM K.S.A. 12-4112 AND AMENDMENTS THERETO, AND SUBSTITUTING IN LIEU THEREOF ADDITIONAL PROVISIONS OF THE PROVISIONS AUTHORIZING THE ASSESSMENT OF COURT COSTS IN CASES HEARD IN THE MUNICIPAL. COURT OF THE CITY OF IOLA, KANSAS.

SECTION 1. Exemption Election. The City of Iola, Kansas, a City of the second class, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself from and herby exempts itself from the provisions of Kansas Statutes Annotated 12-4112, in as much as said statute prohibits the collection of costs for the administration of justice in Municipal courts. The remaining portion of KS.A. 12-4112 in as much as it allows for the collection of witness fees and mileage shall not be affected by the passage of this Ordinance

SECTION 2. Court Costs. In all municipal court cases there the shall be a Sixty and N0/100 Dollar ($60.00) assessment taxed to each case filed in the municipal court of Iola, Kansas, payable by the Defendant if convicted or as assessed as part of a diversion agreement, in addition to all witness fees and mileage as authorized by K.S.A. 12-4411. Said assessment shall be designated as court costs and shall be in addition to any fine or order of restitution as may be imposed by the Municipal Court Judge.

SECTION 3. The court costs shall be dispensed first to meet mandated assessments, then the balance is to go to the Iola Municipal court for the purpose of engaging additional personnel to assist in the court’s community service program, serving of municipal warrants and assisting the municipal court clerk in the performance of his/her duties and the purchase of any necessary equipment to assist these functions. Additionally, as funds may be available they may be dispensed to philanthropic organizations as proposed by the Iola City Attorney and Municipal Court Judge and approved by the Iola City Commission.

SECTION 4. ADDITIONAL COSTS.

(a)        Attorneys fees. As part of the court costs, the Municipal Court may also assess to the Defendant, if convicted, the amount of attorneys fees and costs expended by the city if the Defendant was represented by court-appointed counsel. In determine the amount and method of payment of such sum, the court may take into account the financial resources of the Defendant and the nature of the burden that payment of such sum will impose.

(b)        Incarceration fees. As part of the court costs, a fee in the amount of Twenty Dollars ($20.00) per day may be assessed against a defendant in each case in which said Defendant is incarcerated pursuant to an order to the Municipal Court Judge.

(c)        Expungement fee. As part of the Court costs, the Municipal court may assess the sum of up to One Hundred fifty Dollars ($150.00) for each expungement ordered the Court.

(d)        Warrant fees. The Municipal Court may assess as court costs the sum of Fifty Dollars ($50.00) against each person named or described in an arrest warrant made by the Municipal Court Judge directed to any law enforcement officer commanding the officer to arrest the person named or described.

(08-10-2010)