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Rule 5: Judges Pro Tempore
| 5.1 |
In the event one of the Municipal Judges is temporarily unable to preside due to absence, illness, or disqualification, or as may otherwise be required to preside at additional sessions of the municipal court docket as may be needed due to the case load, the Presiding or Administrative Judge (if available), or another Municipal Judge in his or her absence, shall designate an attorney to act as Judge Pro Tempore. See K.S.A. 12- 4107. |
| 5.2 |
The Judges Pro Tempore shall have the same powers and duties as the duly appointed municipal court judges as to all cases appearing on the docket to which such Judge Pro Tempore is assigned. See Charter Ordinance No. 90, Section 10 (e). Whenever a defendant who is scheduled to appear upon a docket assigned to such Judge Pro Tempore also has other cases in which warrants or show cause orders have been issued, such Judge Pro Tempore may, in the absence of an objection by the prosecutor, take any of the following actions in such undocketed cases:
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withdraw such warrants and show cause orders;
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determine or review the amount of bond in such undocketed cases;
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allow the defendant to set such matters for hearing on the appropriate docket of the court;
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accept pleas of guilty or no contest;
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order a pre-sentence investigation upon conviction;
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impose sentence and judgment upon conviction; and
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hear and decide oral requests for probation or parole upon any such case in which the defendant entered a plea of guilty or no contest before such judge pro tempore. |
| 5.3 |
On any court day during which none of the regularly appointed municipal court judges will be available due to judicial meetings or training, the administrative judge may by written administrative order or policy designate one or more judges pro tempore to be delegated additional judicial powers of a municipal court judge beyond those specified in Rule No. 5.2, supra, during the absence of the other municipal court judges. See K.S.A. 12-4107. |
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Related to Rules of the Municipal Court |
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