12-4203. Complaint; service; notice to appear or warrant; failure to issue. (a) A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney.
(b) If a city attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the city attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.
History: L. 1973, ch. 61, § 12-4203; L. 2004, ch. 71, § 2; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 42 - Code For Municipal Courts; Prosecution And Arrest
12-4201 Commencement of prosecution.
12-4202 Complaint; requirements; form.
12-4203 Complaint; service; notice to appear or warrant; failure to issue.
12-4204 Notice to appear; contents; form.
12-4205a Complaint and notice to appear in municipal court.
12-4206 Notice to appear; when used.
12-4207 Same; service; return.
12-4208 Warrant; contents; form.
12-4209 Warrants or notices to appear; when issued; limitations.
12-4211 Detention; service of complaint and summons.
12-4212 Arrest by law enforcement officer; when authorized.
12-4213 Persons under arrest; procedures; right to post bond; release on personal recognizance.