Monday, February 3, 2020

Kansas Municipal Courts Are Unconstitutional

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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