Kansas municipal courts violate both the state and
federal constitutions.
Kansas municipal courts don't have the constitutional
authority to legally fine people, take property or place people in
jail, but do so anyway. The Kansas Constitution assigns the judicial
power to courts under the administrative control of the Kansas
Supreme Court. Cities have no authority to operate separate court
systems under the control of city governments.
Cities can only exercise governmental powers as an agency of the
state of Kansas because the U.S. Constitution only allows state
and federal government agencies to exercise governmental powers.
Kansas municipal court "judges" are really private
contractors who are retained to raise revenue for cities by
imposing fines on those accused by the city of violating its
ordinances. The "judge" negotiates a contract to perform a service
for the city government in exchange for a salary.
Allowing the city manager who is the boss of the police
department to be the boss of the municipal court judge violates
the due process clause of the 14th Amendment because the courts
must be independent of law enforcement to insure the opportunity
for a fair trial. Using fines and court costs imposed on
defendants to fund the court gives the court a vested interest in
finding people guilty.
In many cities, the city governing body determines who will get
the contract to run the "court" for the city. Some use a more
questionable process with the city manager choosing the "judge"
along with the prosecutor and police chief. "Judges" who fail to
raise sufficient revenue may find themselves replaced by someone
who might do a better job.
One of the main reasons for making the federal courts separate
from the executive branch and providing fair trial guarantees was
to prevent misuse of the criminal justice system and insure that
only those who actually violated legitimate laws were punished.
Defendants can have no expectation of fair treatment when the same
body hires and fires both the judge and the police chief.
The use of fines as a revenue source has enough potential for
abuse even with independent judges because government may enact
laws, including minor traffic laws such as "speed traps", for the
primary purpose of raising money rather than to prevent behavior
that threatens public safety.
The U.S. Constitution made the judiciary a separate branch of
government to prevent the executive branch from misusing the
criminal justice system to punish political opponents, rather than
to allow Supreme Court justices to impose their political views on
elected officials. The framers of the Constitution recognized that
an independent judiciary was more likely to respect the rights of
defendants than take orders from the executive.
An official who signs a contract with the executive to handle
cases involving violations of local ordinances may have the title
of "judge", but does not qualify as the independent arbiter
required by the U.S. Constitution to determine whether those
accused of violating laws can be punished.
An ambitious attorney might be able to put together a class
action law suit on behalf of those illegally fined or jailed by
the municipal court. False imprisonment cases could be lucrative
because the attorney could sue the judge, the city and any
county jail that accepts city prisoners.
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