22-3609. Appeals from municipal courts. (a) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or any findings of contempt. The appeal shall be assigned by the chief judge to a district judge. The appeal shall stay all further proceedings upon the judgment appealed from.
(b) An appeal to the district court shall be taken by filing, in the district court of the county in which the municipal court is located, a notice of appeal and any appearance bond required by the municipal court. Municipal court clerks are hereby authorized to accept notices of appeal and appearance bonds under this subsection and shall forward such notices and bonds to the district court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed.
(c) The notice of appeal shall designate the judgment or part of the judgment appealed from. The defendant shall cause notice of the appeal to be served upon the city attorney prosecuting the case. The judge whose judgment is appealed from or the clerk of the court, if there is one, shall certify the complaint and warrant to the district court of the county, but failure to do so shall not affect the validity of the appeal.
(d) Except as provided herein, the trial of municipal appeal cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant. A jury in a municipal appeal case shall consist of six members. All appeals taken by a defendant from a municipal judge in contempt findings, cigarette or tobacco infraction or traffic infraction cases shall be tried by the court.
(e) Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to K.S.A. 12-4416(b), and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint.
(f) At the conclusion of the case, the district court shall send notice of dismissal, conviction or acquittal to the municipal court clerk.
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; L. 2010, ch. 135, § 29; L. 2013, ch. 118, § 5; L. 2016, ch. 93, § 15; July 1.
Source or Prior Law:
63-401.
Law Review and Bar Journal References:
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 270, 271 (1977).
Constitutionality of the use of lay judges in Kansas, 25 K.L.R. 275, 276 (1977).
"A Comment on Kansas' New Drunk Driving Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 242 (1982).
"The New Kansas Drunk Driving Law: A Closer Look," Matthew D. Keenan, 31 K.L.R. 409 (1983).
"An Attitudinal Study of Kansas' Two-Tier Trial System," Michael Kaye, Fred Yaffe, 54 J.K.B.A. 212 (1985).
"Kansas Appellate Advocacy: An Inside View of Common-Sense Strategy," Patrick Hughes, 66 J.K.B.A. No. 2, 26 (1997).
Attorney General's Opinions:
Double jeopardy; effect of former prosecution. 86-4.
Driving while under influence of alcohol; imposition by municipal courts of penalties for second, third and subsequent violations. 82-155.
CASE ANNOTATIONS
1. Subsection (2) construed; filing of written appeal notice in municipal court required to perfect criminal appeal. City of Overland Park v. Nikias, 209 Kan. 643, 644, 646, 647, 648, 498 P.2d 56.
2. Appeal taken hereunder from city court convictions for battery and disorderly conduct. State v. Parker, 213 Kan. 229, 230, 516 P.2d 153.
3. Subsection (2) mentioned; statute contemplates filing of a written notice of appeal. City of Kansas City v. Board of County Commissioners, 213 Kan. 777, 783, 518 P.2d 403.
4. Refusal by trial court to order a lineup did not amount to finding of guilt. State v. Porter, 223 Kan. 114, 115, 574 P.2d 187.
5. Cited; error to dismiss complaints because municipal court refused to appoint and compensate counsel for indigent defendants' appeals. City of Overland Park v. Estell & McDiffett, 225 Kan. 599, 601, 592 P.2d 909.
6. Failure to comply with section jurisdictional defect; not cured by filing notice of appeal in district court. City of Bonner Springs v. Clark, 3 Kan. App. 2d 8, 9, 588 P.2d 477.
7. Cited; upon the filing of an affidavit of prejudice, transfer of the case to another judge is automatic. City of Neodesha v. Knight, 226 Kan. 416, 601 P.2d 669.
8. Cited; the right to a speedy trial is applicable to criminal cases appealed to district courts from municipal court convictions. City of Overland Park v. Fricke, 226 Kan. 496, 499, 502, 601 P.2d 1130.
9. Provisions of statute directory rather than mandatory; delay cannot infringe on right to speedy trial. City of Garnett v. Zweiner, 229 Kan. 507, 508, 509, 510, 625 P.2d 491.
10. Considered in construing K.S.A. 21-4603 as permitting court to retain jurisdiction and act on timely motion for probation or sentence reduction after 120-day period. State ex rel. Owens v. Hodge, 230 Kan. 804, 808, 641 P.2d 399 (1982).
11. Time for appeal hereunder jurisdictional; modification of existing sentence not new judgment creating new right of appeal. City of Wichita v. Mesler, 8 Kan. App. 2d 710, 714, 666 P.2d 1209 (1983).
12. Statute, being integral part of whole subject of act (L. 1982, ch. 144), not violative of Kansas Constitution, article 2, § 16. State v. Reves, 233 Kan. 972, 976, 980, 666 P.2d 1190 (1983).
13. Where appeal to district court does not comply hereunder, appellate court lacks jurisdiction over subject matter. City of Overland Park v. Barron, 234 Kan. 522, 526, 527, 672 P.2d 1100 (1983).
14. Demand for jury trial, oral or written, must be made of record to court at least 48 hours before trial. City of Overland Park v. Barnett, 10 Kan. App. 2d 586, 591, 705 P.2d 564 (1985).
15. Generally held if constitutional rights are at issue, habeas corpus is available even though no direct appeal taken. In re Habeas Corpus Application of Gilchrist, 238 Kan. 202, 205, 708 P.2d 977 (1985).
16. Statute does not mention appeal bond as part of the 10-day filing requirement. City of Salina v. Aldridge, 14 Kan. App. 2d 108, 110, 782 P.2d 1257 (1989).
17. Failure of municipality to certify complaint and warrant to district court does not affect validity of appeal. City of Dodge City v. Rabe, 14 Kan. App. 2d 468, 472, 794 P.2d 301 (1990).
18. Failure of court officer to take procedural steps after appeal filed as not defeating appeal examined. City of Overland Park v. Pavelcik, 248 Kan. 444, 446, 806 P.2d 969 (1991).
19. Municipal court's judgment is effective when announced; filing of appeal bond insufficient as notice of appeal. City of Lenexa v. Higgins, 16 Kan. App. 2d 499, 501, 502, 503, 825 P.2d 1152 (1992).
20. Failure to name in notice of appeal the only court to which appeal can be taken a mere irregularity. City of Ottawa v. McMechan, 17 Kan. App. 2d 31, 829 P.2d 927 (1992).
21. Cited in holding that appeals from municipal court on questions of law are limited to issues of statewide interest. City of Overland Park v. Travis, 253 Kan. 149, 151, 853 P.2d 47 (1993).
22. Whether a municipal court judgment requires both conviction and sentencing to be appealable examined. City of Halstead v. Mayfield, 19 Kan. App. 2d 186, 865 P.2d 222 (1994).
23. Whether district court misdemeanor jury trial request must be made within seven days of case assignment or trial setting examined. State v. Bell, 20 Kan. App. 2d 193, 197, 200, 884 P.2d 1164 (1994).
24. Whether defendant has right to jury trial in appeal of municipal traffic infraction to district court examined. City of Wichita v. Rice, 20 Kan. App. 2d 370, 373, 889 P.2d 789 (1995).
25. Whether uncounseled DUI diversion where defendant was not imprisoned may be used to enhance sentence in subsequent DUI conviction examined. Paletta v. City of Topeka, 20 Kan. App. 2d 859, 860, 893 P.2d 280 (1995).
26. Municipal court defendant has no right to appeal to district court for revocation of municipal court probation. City of Wichita v. Patterson, 22 Kan. App. 2d 557, 558, 919 P.2d 1047 (1996).
27. Traffic citation not required to be admitted into evidence for charge upon which prosecution sought. City of Overland Park v. Povirk, 262 Kan. 531, 941 P.2d 369 (1997).
28. Defendant may appeal conviction in municipal court even though he entered plea of guilty; language of statute is "any judgment" may be appealed; but see K.S.A. 22-3602. City of Dodge City v. Frey, 26 Kan. App. 2d 559, 560, 990 P.2d 765 (1999).
29. Calculation of time for filing appeal from municipal court conviction governed by provisions of K.S.A. 60-206 not 22-3609. City of Derby v. Haskins, 27 Kan. App. 2d 250, 3 P.3d 557 (2000).
30. Appeal bond is different from appearance bond; K.S.A. 22-3609 does not require appeal bond to be filed within 10 days to maintain jurisdiction. City of Newton v. Kirkley, 28 Kan. App. 2d 144, 12 P.3d 908 (2000).
31. Timely filing of notice of appeal with municipal court clerk is sufficient to perfect appeal to district court. City of Girard v. Clinton, 29 Kan. App. 2d 692, 30 P.3d 323 (2001).
32. When city limits encompass two counties, location of municipal court in one county results in no jurisdiction on appeal made to other county's district court. City of Mulvane v. Roberts, 31 Kan. App. 2d 366, 65 P.3d 544 (2003).
33. State v. Ortiz, 230 Kan. 733 (1982) exception applied to give district court jurisdiction to hear appeal. City of Dodge City v. Ibarra, 35 Kan. App. 2d 643, 645, 646, 133 P.3d 159 (2006).
34. Failure of appellant to sign appearance bond posted within the 10-day period did not deprive court of jurisdiction. City of Dodge City v. Reyes, 35 Kan. App. 2d 756, 760, 133 P.3d 1291 (2006).
35. Waiver of jury trial without defendant's authorization constitutes deficient performance by legal counsel. City of Wichita v. Bannon, 37 Kan. App. 2d 522, 525, 154 P.3d 1170 (2007).
36. Concurring opinion finds no ambiguity created by use of term "appeal" in conjunction with the term "trial de novo." Frick v. City of Salina, 289 Kan. 1, 208 P.3d 739 (2009).
37. Defendant's failure to give a timely notice of appeal from a municipal court does not deprive the district court of jurisdiction. City of Junction City v. Somrak, 46 Kan. App. 2d 1120, 272 P.3d 618 (2012).
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