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12-4108. Clerk of the municipal court; appointment; powers and duties; execution of bond. The governing body of each city may provide for the office of clerk of the municipal court. The municipal judge shall appoint such clerk or if no clerk is provided for, the judge shall also serve as clerk. The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to carry out the duties and responsibilities of the court. The clerk shall receive, account for and pay to the city treasurer monthly all fines and forfeited bonds paid into the court.

The clerk of the municipal court, or the municipal judge if no clerk is appointed, within 10 days after selection, and before entering upon the duties of office, shall execute to the city such bond as the governing body may require, which shall be approved by the governing body, and filed in the office of the city clerk, conditioned for the faithful performance of the duties required of such clerk by law, and for the faithful application and payment of all moneys that may come into such clerk's hands in the execution of the duties of the office. The city shall pay the cost of such bond.

History: L. 1973, ch. 61, § 12-4108; L. 1989, ch. 67, § 2; July 1.

Source or prior law:

13-628e, 13-628o.

Law Review and Bar Journal References:

Municipal judge retains substantially same powers under new code as under prior law, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 8 (1973).

Attorney General's Opinions:

Municipal court clerk; establishment of office; appointment; powers and duties. 84-122.

Municipal court judge can order attorney to represent indigent defendant where incarceration is likely; may punish for direct contempt but not indirect contempt. 2002-37.

CASE ANNOTATIONS

1. Failure to recall bench warrant by municipal court clerk not a judicial function as contemplated by Kansas Tort Claims Act. Cook v. City of Topeka, 232 Kan. 334, 338, 654 P.2d 953 (1982).


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