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20th Judicial District Administrative Orders

 

 

 

 

 

 

 

Twentieth Judicial District

Administrative Orders

as of March 20, 2020

 

 

 

 

 

 

 

Hon. Carey Hipp................................................................. District Judge, Div. I

Hon. Steve Johnson................................................................. District Judge, Div. II

Hon. Mike Keeley.................................................................... Chief District Judge, Div. III

Hon. Richard Burgess............................................................ Magistrate Judge, Rice County

Hon. Marty Clark............................................................ Magistrate Judge, Russell County

Hon. Timarie Walters............................................................ Magistrate Judge, Stafford County

Hon. Verle Willey............................................................ Magistrate Judge, Ellsworth County

 

 

 

 

 

 

ORDER

 

Now on this 20th day of March, 2020, the District Court of the Twentieth Judicial District hereby adopts the attached administrative orders of the affairs of the district court and repeals all administrative orders previously published.

 

 

 

 

 

Mike Keeley Chief Judge

 

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TABLE OF CONTENTS

 

ADMINISTRATIVE ORDERS

 

 

Order 1     Clerk's Responsibilities............................................................................................... 1 

Order 2     Surety Bonds............................................................................................................... 1    

Order 3     Charges........................................................................................................................ I

Order 4     Child Support Enforcement........................................................................................ 2

Order 5     Media Coordinator...................................................................................................... 2

Order 6     Alcohol and Drug Safety Action Program.................................................................. 2

Order 7     County Code Violations.............................................................................................. 3

Order 8     Order Relating to Indigent Defense......................................................................... 3-4

Order 9     Order Relating to Disclosure of Juvenile "Official" and "Social File"....................... 4

Order 10    Order Relating to Unexcused Jurors........................................................................... 4

Order 11    Order Authorizing Clerk to Endorse Checks without Recourse ................................. 5.

Order 12    Order Relating to Attorney Fees When Contract Attorney Appointed....................... 5

Order 13    Order Relating to Appointing Authority Designee..................................................... 5

Order 14    Order Relating to Appointing  Freedom oflnformation Officer.................................. 5

Order 15    Order Relating to Traffic with Six Year Old Suspensions (rescinded 1/30/15)...................... 5

Order 16    Order Relating to Clerk's Discretion to Refund Overpayments................................. 5

Order 17    Order Relating to the Application of Receipts and Community Work Service......... 5

Order 18    Order Relating to Alcohol/Drug Evaluation Assessment to be Paid Directly

                    to Provider................................................................................................................. 6

  Order 19    Order Relating to Sureties and Bonding Criminal Defendants.................................. 6

Order 20    Order Relating to Authority of Clerks to Refer Cases to Collection Agency............ 6

Order 21    Order Relating to Observance of Calendar Year Holidays........................................ 6

Order 22    Order Relating to Receiving Administrative Court Bonds (rescinded 1/30/15)..................... 6

Order 23    Order Relating to Juvenile Supervision Fees.......................................................... 6-7

Order 24    Order Relating to Judge Assignments (amended 1/4/18)......................................................... 7-8

Order 25    Order Relating to Safety of Persons in Courtrooms and Areas

                     of Court Operation................................................................................................ 8-9

Order 26    Order Relating to Appointment of Fiscal Officer...................................................... 9

Order 27    Order Relating to Appointment  of Language Access Coordinator........................... 9

Order 28    Order Relating to Electronic Filing............................................................................ 9

Order 29    Order Relating to Appointment of Multidisciplinary Team Facilitator................... 10

Order 30    Order Relating to Court Services Operations During COVID-19 Pandemic.......... 10

Order 31    Order Relating to District Court Operations  During COVID-19 Pandemic........... 10

 

 

 

 

 

 

 

Administrative Orders ofthe

Twentieth Judicial District

 

 

Order l     Clerk s Responsibilities

 

The clerk of the district court is hereby designated fiscal officer for each county. Fiscal officer, duties include: maintaining accounts on all budgetary matters, monthly reporting of budget status to the court administrator and preparation and submission of vouchers or purchase orders to the respective boards of county commissioners.

 

Any clerk of the court, whose signature is registered with the Secretary of State, is authorized to use a facsimile signature stamp (rubber stamp) on any court related legal documents.

 

The clerk of the district court shall not accept a personal check from a payer who has previously given the clerk a worthless check.

 

Order 2    Surety Bonds

 

No person or agency shall be authorized to issue surety bonds in the Twentieth Judicial District until approved by the district court administrator. Such authorization may be revoked without notice by the chief judge.

 

All surety bonding agencies wishing to engage clients in the Twentieth Judicial District Court must agree that all bonds written cover both pre- and post-conviction release.

 

Order 3     Charges

 

The copy charge per page for reproducing court records shall be the same charge per page as adopted by the board of county commissioners in each county. Any funds collected pursuant to this rule shall be remitted monthly to the county treasurer. Each clerk shall put in a conspicuous place the current copy charges for their office.

 

The clerk of the district court shall charge 50 cents per page for sending a facsimile transmission. There will be no charge for receiving any facsimile documents to be filed or processed by the court. Fees collected for facsimile charges shall be paid monthly into the county general fund.

 

Order 4    Child Support Enforcement

 

Pursuant to Supreme Court Rule 172, the Twentieth Judicial District adopts expedited process for child support enforcement employing district magistrate judges as hearing officers. This rule authorizes magistrate judges to establish, modify and enforce orders of support and to enforce orders granting a parent visitation rights. Effective date of Rule 507 - October 31, 1985

 

                                              Administrative Orders                                        

 

Order 5     Media Coordinator

 

Pursuant to Supreme Court Order 1001, Section 9, Lisa Taylor is appointed as media coordinator for the Twentieth Judicial District or any local media representative.

 

Order 6     Alcohol and Drug Safety Action  Program

 

To be certified as an Alcohol Drug Safety Action Program provider by the Twentieth Judicial District such program shall meet the following standard.

 

An Alcohol and Drug Safety Action Program shall provide a presentence alcohol and drug investigation for any person who is convicted of a violation of K.S.A. 8-1567 and provide supervision and monitoring of all persons who are convicted of a violation ofK.S.A. 8-1567 and whose sentences or terms of probation require an alcohol/drug education and/or treatment program.

 

Services:

  1. The following services shall be provided by the program.
    1. Testing - instruments must have proven validity and reliability with abusing populations.
    2. Supervision/monitoring - the program must provide ongoing monitoring and supervision of the person during the period of education and/or treatment as the court may require.
    3. Presentence Court Report - must contain history information and recommendations.
    4. Final Report - must contain information on the offenders' completion/ noncompletion of treatment and/or education programs.

 

  1. The evaluator of the test instruments must be qualified to administer, score and interpret each instrument.

 

Order 7       County Code Violations

 

K.S.A. 19-4705 provides in part the chief judge shall designate the district judge to whom county code violations shall be assigned for trial. In compliance with this statute the following designations which shall remain effective until further notice.

 

 

Barton County Ellsworth County Rice County Russell County Stafford County

 

Honorable Richard Burgess Honorable Verle Willey Honorable Richard Burgess Honorable Marty Clark Honorable Timarie Walters

 

 

Order 8       Orders Relating to Indigent Defense

 

Contract attorneys will first be appointed as counsel for indigent misdemeanor defendants. Thereafter appointments will be made on a rotation basis from the list of attorneys maintained in each county. Rates of compensation shall be established by the chief judge and posted in the office of the clerk of the district court.

 

Maximum driving time fee will be $60.00 per day regardless of the number of cases in which the attorney participates and should be pro-rated among the total number of cases heard that day. Mileage expense at the state approved rate for actual miles traveled will be allowed. This policy will apply to both vouchers for district payment and for State Board of Indigent Defense Services payment.

 

In cases involving court appointed counsel for indigent persons, attorney fees will be approved by the court in amounts not greater than setout below. Variation from these limits may be made only by the trial judge prior to or at the conclusion of the hearing. Judges shall review the submitted vouchers and will normally follow the caps as set out below.

 

ADULT

 

 

Misdemeanor plea, diversion or dismissal                                                                            $275.00

Misdemeanor probation violation hearing                                                                             $200.00

Misdemeanor court trial                                                                                                        $ 400.00

Misdemeanor jury trial                                                                                                        $ 850.00

 

            ADULT TRAFFIC RELATED

 

 

Driving under the influence plea, diversion or dismissal                                                     $275.00

Driving under the influence, court trial                                                                                $400.00

Driving under the influence, jury trial                                                                                  $850.00

Order 8 cont'd

 

 

Traffic, plea or dismissal                                                                                                        $200.00

Traffic, court trial                                                                                                                  $400.00

 

 

JUVENILE OFFENDER

 

 

Fee for each court appearance not exceeding one hour in length                                             $80.00

Hourly rate for court appearances exceeding one hour in length                                            $80.00

Hourly rate for preparation time if preparation time plus court time exceeds one hour         $60.00

Fees for juvenile offender trial may not exceed $750.00 including preparation time.

 

 

 

 

 

 

Order 8 cont'd.

 

CHILD IN NEED OF CARE

 

 

Fee for each court appearance not exceeding one hour in length                                             $80.00

Fee for each additional hour if hearing exceeds 1 hour in length                                            $80.00

Fee for preparation time for temporary custody hearings, adjudication hearings,

    review hearings and permanency hearings if preparation time and court time

    exceed 1 hour                                                                                                                            $60.00

Fees for child in need of care trials may not exceed $800.00 including preparation time.

Fees for parental severance hearings may not exceed $1,500.00 including preparation time.

 

Order 9       Orders Relating to Disclosure of Juvenile "Official" and "Social  File"

 

Pursuant to K.S.A. 38-1506 and 38-1607 the clerk of the district court shall disclose to court services officers, community corrections officers, court appointed special advocates, and Juvenile Justice Authority case managers, a juvenile "official" and "social file" for which they are ordered by the court to provide services. Disclosure shall include allowing copies to be made.

 

Order 10     Order Relating to Unexcused Jurors

 

The clerk of the district court shall, upon order of the court, issue a summons to appear at the next scheduled regular motion day for any unexcused juror who was served a jury summons yet failed to report for jury duty.

 

Order 11     Order Authorizing Clerk to Endorse Checks without Recourse

 

Judgments paid to the clerk of the district court by check may be endorsed without recourse and forwarded to the recipient.

 

Order 12     Order Relating to Attorney Fees When Contract Attorney Appointed

 

When attorney fees are ordered reimbursed to any county, the amount shall be $80.00 for cases in which the party is represented by a contract attorney, unless a different amount is ordered.

 

Order 13     Order Relating to Appointing Authority Designee

 

In the absence or unavailability of the Chief Judge, the District Court Administrator is hereby designated the appointing authority in all routine personnel matters.

 

Order 14     Order Relating to Appointing Freedom of Information Officer

 

Pursuant to K.S.A. 45-226 and Supreme Court Administrative Order No. I 56, Lisa Taylor, Public

 

 

Order 14 cont'd.

 

Information Officer for the Office of Judicial Administration, is hereby appointed to serve as the district's Freedom oflnformation Officer.

 

Order 15     Order Relat ing to Traffic Matters with Six-Year-Old Suspensions (rescinded 1/30/2015)

 

Order 16     Order Relating Clerl<:' s Discretion to Refund Overpavments (enacted2/4/2004,amended 8/15/2005, 3/23/2012)

 

The clerk of the district court shall have discretion to refund overpayments received by means other than in person in the amount of $10.00 or less. Overpayments not refunded shall be paid to the Kansas Judicial Branch surcharge.

 

Order 17     Order Relating to the Application of Receipts and Community Work Service (enacted 8/13/2004)

 

The clerk of the district court shall apply payments to restitution first whenever a defendant or respondent is ordered or allowed by the court to perform community work service in lieu of paying court costs, fines, and fees.

 

Order 18     Alcohol and Drug Evaluation Assessment to be Paid Directly to Provider (enacted s11512005)

 

The clerk of the district court shall no longer receive monies for alcohol and drug evaluations assessed defendants pursuant to K.S.A. 8-1008(e). Programs certified to provide evaluations shall directly bill defendants ordered to submit to evaluations and defendants shall pay providers directly for such services.

 

Order 19      Sureties and Bonding Criminal Defendants (enacted 2/15/2007, amended 7/1/2014)

It is ordered any person requesting to be released as a surety for a criminal defendant shall, upon the return of the defendant to the jail in the county from which the defendant was bonded, either by the bondsman or law enforcement appear in front of a judge and request release from the bond.

 

If a defendant is revoked at the request of a bondsman, the bondsman cannot bond the defendant for additional costs. If the bondsman agrees to keep the defendant on the original bond or reinstates, and the Court approves, that is acceptable. While out on a bond, if a defendant picks up a new charge, any bondsman may bond out the defendant on the new charges. If the Court, at the request of the county attorney or on its own motion, revokes the bond then resets a bond, any bondsman may bond out the defendant without notice to the current bondsman.

 

 

Order 20     Authority of Clerks to Refer Cases to Collection Agency

 

The Clerk of the District Court may refer a criminal, juvenile, fish and game, or traffic case to a collection agency without a judge's approval if the case meets the following criteria:

      1. The defendant is not supervised by Court Services, Community Corrections, or Parole and is not in the custody of the Kansas Department of Corrections.
      2. There is an outstanding balance of at least $25.00.
      3. There have been no payments on the case for at least 60 consecutive days.

 

Order 21       Observance of Calendar Year Holidays (enacted 10118/2007)

 

The District Court will observe the holidays as approved each year by the Chief Justice of the Kansas Supreme Court commencing calendar year 2008. Should a county courthouse be closed for a holiday not observed by the District Court or for any reason, the District Court will also close.

 

Order 22     Receiving Administrative Court Bonds (rescinded 1/30/2015)

 

Order 23     Juvenile Supervision Fees (enacted 6/28/2011)

 

Pursuant to K.S.A. 21-4610a and Supreme Court Administrative Order No. 251 the Twentieth Judicial District sets juvenile supervision fees for cases filed on or after March 14, 2011, at $60 for for offenses which, which, if committed by an adult, would be classified as a misdemeanor and $120 for offenses which, if committed by an adult, would be classified as a felony.

 

 

Order 24     Judge Assignments (amended 1/14/2019)

Re: Case Assignments

 

 

 

 

Ellsworth, Rice, Russell and Stafford Counties

Barton County

Ellsworth County

Probate and Adoptions

Magistrates

003

 

PFAIPFS

Magistrates

002

 

Criminal and DUI cases needing a trial (court or jury)

1/3 to D03, 1/3 to D02 and 1/3 to DO1

 

DOI

 

Municipal Court and Traffic Appeals

1/3 to D03, 1/3 to D02 and 1/3 to DO l

 

DOI

 

 

Civil

1/3 to D03, 1/3 to D02 and 1/3 to DOI

2/3 to 003 and 1/3 to D02

 

 

Domestic

1/3 to D03, 1/3 to D02 and 1/3 to DO1

 

002

 

Limited and Small Claims Appeals

ID to 003, 1D D02

and 1/3 to DOI

2/3 to D03 and 1/3 to D02

 

 

Termination of parental rights

ID to 003, 1D D02

and 1/3 to DO I

IDto 003, 1DtoD02

and 1/3 to DO1

 

Juvenile offender w/request for jury trial

1/3 to D03, 1/3 to D02 and 1/3 to DOI

1/3 to D03, 1/3 to D02 and 1/3 to DOI

 

 

CINC appeals

1/3 to D03, 1/3 to D02 and 1/3 to DOI

1/3 to D03, 1/3 to D02 and 1/3 to DO1

 

Ellsworth Correctional Facility cases

 

 

 

DOI

 

 

 

(D01 = Judge Hipp; D02 = Judge Johnson; D03 = Judge Keeley) Effective January 14, 2019, cases will be assigned to district judges as follows:

 

 

Ma[Jistrate Assignment · for Barton County cases:

 

Monday - Judge Willey for traffic, misdemeanors, etc. Tuesday - Judge Clark for CINC

Wednesday -Judge Walters for limited actions and small claims Thursday - Judge Burgess for preliminary hearings, pleas, etc.

3rd Friday - Judge Clark for juvenile offender

 

All judges shall hear care and treatment cases and first appearances as needed.

 

Order 25     Safety of Persons in Courtrooms and Areas of Court Operation (enacted 7/1/2013)

 

  1. The issue of safety in the Judicial Branch of Government is important, not only to all employees of the Judicial Branch of the State of Kansas, but also to all persons who are summoned to a courtroom or court areas of operation, or those who appear for professional or personal reasons.

 

  1. An integral part of any Court's duty to administer justice and fairly adjudicate disputes is to insure that all parties have the opportunity to advance their cause in an atmosphere of safety, decorum and fairness. It is fundamental that a trial Court is vested with the discretion to provide for security within a Courtroom or any Court areas of operation, and to take measures to promote the safety of Court officers and employees, parties, and the public in conducting the business of the Judicial Branch wherever it may occur.

 

  1. A Court's inherent power is that belonging to it by virtue of being one of three separate branches of government. Inherent authority is limited to matters reasonably necessary for proper functioning of the judiciary, and the orderly and efficient exercise of the administration of justice. It is within the inherent power and discretion of a Court to impose additional security measures to provide for the safety of the public and persons in a Courtroom or Court areas of operation.

 

  1. For the purposes of this Administrative Order, "Courtroom or any Court areas of operation" means those areas in any building, which are used for Court proceedings, or to conduct Court-related business, including, but not limited to: Courtrooms, ancillary Courtrooms, jury rooms, judge's chambers, office of the Clerk of the District Court, Court Reporter, Court Services, Court Trustee, Court-Appointed Special Advocate, Citizen Review Boards, and any other offices and areas used for official Court business; together with waiting areas, corridors, and hallways adjacent thereto.

 

  1. Except as otherwise provided within this Administrative Order, all persons are prohibited from carrying or possessing any weapon, including a firearm or any explosive device, in the Courtroom or any Court areas of operation of the 20th Judicial District of Kansas.

 

 

Order 25 cont'd.

 

  1. Nothing herein shall limit the authority of a Judge of the District Court to authorize or restrict a law enforcement officer or security officer from possessing and carrying a firearm in a Courtroom or Court areas of operation in the performance of their official duty.

 

  1. Appropriate notice of this weapon restriction shall be posted in all Courtrooms and Court areas of operation of the Judicial District. This Administrative Order may be enforced by the contempt power of the Court.

 

  1. This Administrative Order shall be effective on and after July 1, 2013.

 

Order 26     Designation of Fiscal Officer (enacted 4/28/2016)

Pursuant to Supreme Court Rule 107(b)(6)(A), the District Court Administrator is appointed as Fiscal Officer for the Twentieth Judicial District with duties as set out in Supreme Court Rule 107(b)(6)(B) and (C).

 

Order 27     Appointment of Language Access Coordinator (enacted4/28/2016)

 

Pursuant to Supreme Court Rule 107(b)(2)(C), the District Court Administrator is appointed as Language Access Coordinator for the Twentieth Judicial District with responsibilities as set out in Supreme Court Rule 1702(b).

 

Order 28     Order Regarding Electronic Filing (enacted 12/3/2016)

 

Effective March 1, 20 I 7, all licensed attorneys must submit all new cases and documents within new or existing cases for filing with the district courts of Barton, Ellsworth, Rice, Russell and Stafford counties, which is commonly known as the 20th Judicial District, utilizing the Kansas Courts Electronic Filing system.

 

Attorneys should acquaint themselves with the Kansas Courts Electronic Filing system and follow Kansas Supreme Court Administrative Order No. 268.

 

All local rules presently in effect continue to apply to all cases and documents filed through the e­ filing system.

 

Order 29     Order Regarding Appointment of Multidisciplinary Team Facilitator (enacted 1212112016)

The Chief Court Service Officer, or his/her designee is hereby appointed as the multidisciplinary team facilitator for the Twentieth Judicial District to take those actions contemplated by K.S.A . 38-2393.

 

 

Order 30      Order regardh1g Court Services Operations During the COVID-19 pandemic (enacted 3/17/2020, rescinded pursuant to Supreme Court Administrative Order 2020-PR-016 dated 3/18/2020)

 

Order 31       Order Regarding Coutt Operations During COVID-19 Pandemic (enacted 3/17/2020, rescinded pursuant to Supreme Court Administrative Order 2020-PR-016 dated 3/18/'2020)