NCJ Number
50810
Date Published
1975
Length
118 pages
Annotation
THE TRANSFER OF MUNICIPAL COURT JURISDICTION TO UNIFIED DISTRICT COURTS IN KANSAS IS DISCUSSED, AND CONSTRAINTS TO BE CONSIDERED IN SUCH TRANSFERS ARE EXAMINED (CASELOAD, LOCATION, AND STAFFING).
Abstract
THE DISTANCE OF A DISTRICT COURT FROM MUNICIPALITIES WHOSE COURTS HAVE BEEN ABSORBED AFFECTS THE PUBLIC AND LAW ENFORCEMENT OFFICERS IN RELATION TO TRAVEL TIME INVOLVED IN GETTING TO AND FROM THE DISTRICT COURT THAT HEARS THE AREA'S TRAFFIC OR ORDINANCE VIOLATIONS. THE AVAILABILITY OF ADEQUATE FACILITIES AND THE ABILITY OF THE EXISTING COURTHOUSE TO ABSORB ADDITIONAL CASELOAD AND PROCESSING PERSONNEL ARE IMPORTANT CONSIDERATIONS WHEN DETERMINING TRANSFERS. ADDITIONALLY, THE ABOLITION OR PHASING-OUT OF MUNICIPAL COURTS AND THE RESULTING IMPACT ON MUNICIPAL COURT REVENUES AND, THEREFORE, MUNICIPAL BUDGETS MUST BE TAKEN INTO ACCOUNT, ALONG WITH ARRANGEMENTS FOR THE RETENTION OF FULL-TIME MUNICIPAL COURT EMPLOYEES IN LOCATIONS HAVING SUBSTANTIAL CASELOADS. SINCE NO PROVISION USUALLY IS MADE IN LEGISLATION AUTHORIZING THE TRANSFER OF MUNICIPAL COURT JURISDICTION TO UNIFIED DISTRICT COURTS FOR THE TRANSFER OF PERSONNEL, SOME METHOD MUST BE DEVISED FOR HEARING MUNICIPAL CASES AFTER THE TRANSFER. A FURTHER PROBLEM RELATES TO COURT LOCATION AND THE AVAILABILITY AND APPROPRIATENESS OF COURTROOM FACILITIES. ANALYSIS OF THE NATURE AND EXTENT OF CASELOADS IN COURTS OF LIMITED JURISDICTION IN KANSAS SHOWS THAT THE TRANSFER OF MUNICIPAL COURT JURISDICTION WILL HAVE THE MOST VISIBLE IMPACT ON JUDGES. FOR MUNICIPAL COURT CASELOADS, A STANDARDIZED SYSTEM OF REPORTING JUDICIAL BUSINESS IS REQUIRED. IT IS RECOMMENDED THAT FULL-TIME COURT SUPPORT PERSONNEL BE RETAINED TO CONTINUE THE PROCESSING OF MUNICIPAL CASES AFTER THE TRANSFER. IN ORDER TO ALLEVIATE PROBLEMS ASSOCIATED WITH THE TRANSFER OF MUNICIPAL COURT JURISDICTION TO THE UNIFIED COURT SYSTEM, CASELOADS OF ASSOCIATE DISTRICT JUDGES AND DISTRICT MAGISTRATES SHOULD BE EQUALIZED, BASED ON ADMINISTRATIVE ASSIGNMENT. DATA ON MUNICIPAL COURT OPERATIONS, CASELOADS, AND PERSONNEL ARE TABULATED. APPENDIXES CONTAIN ADDITIONAL INFORMATION ON STATISTICAL FACTORS AFFECTING THE TRANSFER AND PERSONNEL AND COURT LOCATION INFORMATION. (DEP)