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Administrative Rule No. l
ASSIGNMENT OF JUDGES AND RESPONSIBILITY OF CASES
1. The primary responsibility for cases in the Fourth Judicial District are assigned as follows:
2. Traffic, juvenile offender, juvenile tobacco and fish and game cases appealed from a magistrate judge are assigned to the district judge assigned criminal cases in the county of the appeal. Limited action, probate, and adoption and small claims cases appealed from a magistrate judge are assigned to the district judge who is assigned civil cases in the county of the appeal. Juvenile in need of care and care and treatment cases appealed from a magistrate judge are assigned to the district judge assigned domestic cases in the county of the appeal.
3. Other specific assignments of cases may be made by the judge listed above as having primary responsibility of those matters assigned with the consent of the judge to whom it is assigned or the Administrative Judge.
4. Disqualifications of judges for whatever reason will be reassigned by the Administrative Judge.
5. In the event of sickness, absence or disqualification of any judge, any other judge of the district court having jurisdiction may act with full authority . Attempts to contact judges after hours or in the absence of the judge to whom the case is assigned when an emergency exists shall be in the following descending order in the various counties of the district:
|
Anderson DO3 J. Smith | Coffey DO1 Fromme |
Franklin MO2 E. Smith | Osage MO1 J. Jones |
6. Pursuant to DCR 172, all judge of the district court are hereby designated to preside as hearing officers for the establishment, modification, or enforcement of support pursuant to the Kansas Parentage Act, K.S.A. 23-451, et seq., 39-718a, 39,755 or 60-1610 or K.S.A. 23-4,137, 38-1542. 38-1543. OR 38-1563, and amendments thereto; and enforce orders granting visitation rights.
7. Under of the provisions of K.S.A. 20-302b, actions pursuant to the Protection from Abuse Act shall be assigned to Magistrate Judges in the Fourth Judicial District.
Amended this Nov. ____, 2002
>Administrative Rule No. 2
COURT RECORDS
(a) CUSTODIANS OF RECORDS AND HOURS OF OPERATION
The principal offices and the official custodian of the records in the Fourth Judicial District of Kansas are as follows:
District Court Clerk
Coffey County Courthouse
Burlington, KS. 66839
District Court Clerk
Franklin County Court Building
Ottawa, KS. 66067
District Court Clerk
Osage County Courthouse
Lyndon, KS. 66451
The regular office hours during business days of such custodians is from 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. The offices shall be open to the public from 8:00 am to 12:00 noon, and 1:00 pm to 4:00 pm.
(b) COPY CHARGES
The official custodian of the court records shall be authorized to charge and require advance payment of a fee for providing access to or furnishing copies of records. Executive branch agencies such as the Department of Social and Rehabilitation Services and local governmental agencies may be charged for access and copies on the same basis as members of the public, as follows:
(c) DISTRIBUTION OF COPY CHARGES
The clerk of the District Court shall remit all monies collected from fees for copies of records to the County Treasurer for use of the copying, microfilming machine and optical disk, and all monies received for the cost of staff time in providing access to or searching records to the state treasurer. The clerk may remit a collected fee to a genealogical society which has conducted the search in lieu of staff time.
(d) REQUESTS FOR COPIES
Any request for copies other than in person may require a written request giving the requester's name and address and the information necessary to ascertain records to which the requester desires. Each request for inspection and/or copy of public records shall be acted upon as soon as possible, but no later than the end of the third business day following the day that the request is received and so as to not disrupt the other essential functions of the office.
(e) RECORD SECURITY
No person shall remove original copies of public record from the office without written permission of the custodian of records. The inspection and copying of public records shall be made while the records are in the possession, custody and control of the custodian or a person designated by the custodian and shall be made under the supervision of such custodian or person.
Amended on this Oct. 30, 2001
Administrative Rule No. 3
JUDGMENT PAYMENTS
(a) PAYMENT OF JUDGMENTS TO ATTORNEYS
The clerk of the district court is authorized to pay proceeds of a judgment to the party awarded the judgment or to the attorney of record. (Smith v. Ward, 161 Kan. 453, 169 P. 2d 93 (1946))
(b) ENDORSEMENT WITHOUT RECOURSE
When payment for temporary orders or judgments are made by check and received by the district court clerk's office, the clerk is authorized to endorse the check to the proper person "without recourse".
Administrative Rule No. 4
TRAFFIC
(a) CONTINUANCES
The initial time and date to appear for arraignment, as stated on the Uniform Traffic Complaint served upon the offender, may be extended once by the clerk of the court for a period not to exceed fourteen (14) additional days. All other extensions of time to appear, continuances of hearings , or trials shall be by orders of a judge of the district court.
(b) FINES
If a law enforcement officer should unintentionally enter an amount less than the statutory fine and costs, the court shall accept the amount as compliance by the defendant.
(c) REFUNDS OF OVERPAYMENTS: The Clerk of District Court shall refund overpayments of $5.00 or more.
Amended on this Oct. 30, 2001
Administrative Rule No. 5
ALCOHOL AND DRUG SAFETY ACTION PROGRAMS
(a) AUTHORIZED PROGRAMS
The following centers, with offices within the Fourth Judicial District, and pursuant to
K.S.A. 8-1008(b), having the approval of the District and Municipal Judges in the Fourth Judicial District, have been approved to provide alcohol and drug safety action services such as evaluation, supervision, and/or monitoring to District and Municipal courts in the Fourth Judicial District:
If an approved program fails to provide any type of correspondence or report to the Court on the date ordered by the Court, for any reason, including lack pf payment for services, the Court may remove the program from the list of authorized programs.
(b) OTHER APPROVED PROGRAM
Any center with offices located outside of the Fourth Judicial District shall be certified to provide services to District and Municipal Courts in the Fourth Judicial District providing the program is certified to provide services by another Judicial District in the state of Kansas.
(c) PAYMENT FOR SERVICES
When money is received by the clerk of a municipal or district court for the alcohol and drug safety action fund, it shall be paid out by that clerk to the following agency in that court's county:
The above designated payee, upon receiving the funds from a municipal or district court clerk, shall reimburse any other agency for the use of their services. The above designated payee may retain 10% of the amounts collected as an administrative fee, in accordance with KSA 8-1008.
Adopted on this November 14, 1997
Amended on this Oct. 30, 2001
Amended on this Nov. ____, 2002
ADMINISTRATIVE ORDER NO. 6
FOURTH JUDICIAL DISTRICT
ADMINISTRATIVE INCENTIVES AND SANCTIONS PROGRAM
Policy and Procedure
I. Mission Statement: To ensure appropriate, timely, and graduated rewards or consequences to a probationer's behaviors and actions as they relate to Court ordered supervision, the Fourth Judicial District will apply the use of administrative incentives and sanctions.
Incentives may be used to promote and recognize the exceptional performance of a probationer as they relate to following the orders of the Court, especially any obligations toward identified victims. Exceptional performance is defined as any achievement which exceeds the minimum requirements set by the Court.
Administrative sanctions may be used to address new misdemeanor convictions and/or technical violations which occur during the term of probation. Technical violations are defined as violations of court ordered supervision conditions, which do not result in a new violation of the law. These sanctions may be enacted without further order of the Court when accepted by the probationer.
Possible benefits of this program include; timely, immediate consequences and rewards for behavior, fewer revocation hearings, less disparity in the treatment of offenders, and a stronger focus on victims.
II. Policy Statement: It is the policy of the Fourth Judicial District Community Corrections and Court Services Departments to, when appropriate, utilize the Administrative Incentives and Sanctions Program to assist probationers placed under their supervision by the Court.
Once a sanction has been imposed and successfully completed the alleged violation may not be used as the basis for a probation violation filed by the Supervising Officer, but may be considered by the Court in the disposition of future violations. If the probationer fails to complete the sanction imposed, a motion to revoke the probation may be filed or additional sanctions may be imposed. The Supervising Officer has the option to file a revocation instead of utilizing administrative sanctions if prior sanctions have not been successfully completed at the time new violations occur or if extenuating circumstances would not be in the best interest of the client, public or probation office.
Sanctions may be imposed with the consent of the client at the discretion of the Supervising Officer. The sanction will be tailored to fit the seriousness of the alleged violation, taking into consideration any previous sanctions imposed. Failure to participate in the Program may result in an affidavit being filed with the County Attorney's office for any alleged violation(s) of probation. However, refusal to participate in the Program will not be considered by the Court as a basis for revoking probation. Multiple sanctions may be imposed when appropriate. The cost of any and all sanctions imposed will be the responsiblity of the probationer.
The Supervising Officer shall notify the County Attorney's office of any alleged violation which would constitute a felony by filing an affidavit requesting revocation of the probation. Sanctions are not considered appropriate for dealing with new felony violations. If the new conviction is for a misdemeanor or the probationer has failed to complete a previously imposed sanction; the Supervising Officer has the option of imposing an additional sanction or notifying the county Attorney's Office by filing an affidavit requesting revocation of the probation.
If the probationer is alleged or determined to have violated any Court ordered Obligation to a victim; (material failure to pay restitution, contact with the victim when ordered otherwise, making an apology to the victim, etc.) no sanctions will be available. The Supervising Officer shall notify the county attorney's office by filing an affidavit requesting revocation of the probation.
Placement with Community Corrections is viewed as the probationer's "last chance" because revocation from their program would result in imposition of sentence. It is therefore not considered an administrative sanction. If a probationer is found to be inappropriate for Court Services' level supervision, a revocation hearing will be requested.
III. Procedures:
A. Placement on Probation
B. Violation: Administrative Sanctions may be enacted without further order of the Court after the following guidelines have been addressed.
Adopted this date NOVEMBER 14, 1997.
ADMINISTRATIVE RULE NO. 7
PREPARATION OF PROCESS FOR SERVICE
The Clerks of the District Court shall not prepare summons, executions, garnishments or any other form which would be in effect rendering legal service, except as provided by law (K.S.A. 61-2701, et seq.) or by the Court rules of the Fourth Judicial District.
The Clerks of the District Court shall issue any such process that has been prepared and delivered to the Clerk's office for issuance as provided by law and upon receiving written directions from the requesting party. If the preparing parties/counsel have not provided the required documents that are to accompany any process to served, the Clerk of the District Court shall forward to the preparing parties/counsel a notice indicating what documents are needed to issue the requested process.
If no directive for type of service of process is made, or no documents furnished to effectuate the service of such process within 10 days of filing, the case will be dismissed without prejudice.
Adopted this date APRIL 22, 1998.
Amended on this Oct. 30, 2001
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