22-3609. Appeals from municipal courts.
22-3609
22-3609. Appeals from municipal courts.(1) The defendant shall have the right to appeal to the district court of thecounty from any judgment of a municipal court which adjudges the defendantguilty of a violation of the ordinances of any municipality of Kansas or anyfindings of contempt. The appeal shall be assigned by the chief judge to adistrict judge. The appeal shall stay all further proceedings upon the judgmentappealed from.
(2) An appeal to the district court shall be taken by filing, in the districtcourt of the county in which the municipal court is located, a noticeof appeal and any appearance bond required by the municipal court. Municipalcourt clerks are hereby authorized to accept notices of appeal and appearancebonds under this subsection and shall forward such notices and bonds tothe district court. No appeal shall be taken more than 10 days after thedate of the judgment appealed from.
(3) The notice of appeal shall designate the judgment or part of thejudgment appealed from. The defendant shall cause notice of the appeal to beserved upon the city attorney prosecuting the case. The judge whose judgment isappealed from or the clerk of the court, if there is one, shall certify thecomplaint and warrant to the district court of the county, but failure to do soshall not affect the validity of the appeal.
(4) Except as provided herein, the trial of municipal appeal cases shallbe to the court unless a jury trial is requested in writing by the defendantnot later than seven days after first notice of trial assignment is given tothe defendant or such defendant's counsel. The time requirement provided inthis subsection regarding when a jury trial shall be requested may be waived inthe discretion of the court upon a finding that imposing such time requirementwould cause undue hardship or prejudice to the defendant. A jury in amunicipal appeal case shall consist of six members. All appeals taken by adefendant from a municipal judge in contempt findings, cigarette or tobaccoinfraction or traffic infraction cases shall be tried by the court.
(5) Notwithstanding the other provisions of this section, appeal from aconviction rendered pursuant to subsection (b) of K.S.A. 12-4416, andamendments thereto, shall be conducted only on the record of the stipulation offacts relating to the complaint.
History: L. 1970, ch. 129, § 22-3609;L. 1971, ch. 114, § 10;L. 1975, ch. 202, § 1;L. 1976, ch. 163, § 21;L. 1977, ch. 112, § 10;L. 1981, ch. 154, § 3;L. 1982, ch. 149, § 1;L. 1982, ch. 144, § 18;L. 1983, ch. 115, § 1;L. 1986, ch. 115, § 66;L. 1992, ch. 176, § 1;L. 1998, ch. 192, § 8;L. 1999, ch. 57, § 32;L. 2004, ch. 71, § 5; July 1.