300 Duties of Presiding Judge of Criminal Department
301 Pretrial Motions
302 Post Trial Motions Including Petitions Filed
Under K.S.A. 60-1507
303 Professional Sureties and Bondsmen
304 Acknowledgment of Rights and Entry of Plea
Rule 300
DUTIES OF PRESIDING JUDGE OF CRIMINAL
DEPARTMENT
The Presiding Judge of the Criminal Department shall have general supervision of all matters arising under the Criminal Code and traffic statutes of the State of Kansas, including appeals from municipal courts.
He shall maintain and conduct such dockets and calendars as are required or necessary to implement the laws of the State of Kansas or Rules of the Supreme Court.
He shall assign the work of the Department to the Judges within the Department.
Rule 301
PRETRIAL MOTIONS
All pretrial motions filed during any week shall be heard or assigned by the Presiding Judge of the Criminal Department at 9:30 a.m. on Friday of the following week or at such other time as the Presiding Judge may order.
Rule 302
POST TRIAL MOTIONS INCLUDING
PETITIONS FILED UNDER K.S.A. 60-1507
All post trial motions in criminal cases and petitions pursuant to K.S.A. 60-1507 will be heard at the time and date set by the Judge who tried the case.
Rule 303
PROFESSIONAL SURETIES AND BONDSMEN
Every professional bondsman and surety, and their agent, shall be approved by the Court prior to the Sheriff and/or the Clerk of the District Court accepting them as sureties. Professional bondsmen and their agents must provide a "qualification for surety" with each bond and shall not exceed the limit established by the Court. Appointments of agents must be filed in the Court.
Every professional bondsman authorized by the Court, except an insurance company authorized to transact business in the State of Kansas, shall file with the Clerk of the District Court on or before January 10th of each calendar year a complete listing of their assets, including encumbrances and liabilities thereon, the net valuation of their assets and a complete listing of the total amount of outstanding bond obligations in each jurisdiction, all sworn to under oath.
Any change in said list of assets and/or net valuation by sale, transfer, exchange, additional encumbrances or otherwise shall be reported to the Court under oath on or before the 10th day of the next calendar month.
Said professional bondsmen and surety shall also file an itemized report of any of their outstanding bonds that have been declared forfeited on or before the 10th day of each calendar month covering the preceding month, sworn to under oath. This report shall state the case number, name of defendant, amount of bond and date forfeiture was declared.
Bondsmen are authorized to write bonds in the amount of ten times that of their net valuation as listed, provided however, bondsmen shall not be authorized to write any one bond in excess of 20% of their net valuation.
Any professional bondsman or surety failing to satisfy a bond forfeiture within thirty days after judgment has been entered by the Court may be prohibited from writing any additional bonds.
The Sheriff shall accord all approved bondsmen and sureties equality in exposure. The Administrative Judge shall furnish the Clerk of the District Court and the Sheriff a list of approved professional bondsmen and sureties.
Nothing in this rule shall negate K.S.A. 22-2806 which provides that the appearance bond may be approved and accepted by the Clerk of the District Court wherein the action is pending or by the Sheriff of the said county, according to law.
Rule 304
ACKNOWLEDGMENT OF RIGHTS
AND ENTRY OF PLEA
All pleas of guilty or nolo contendere shall be accompanied by a fully executed "Defendant's Acknowledgment of Rights and Entry of Plea" form. The judges of the 18th Judicial District approve the use of the attached form (Rev. 10/06), which is intended to supplement not replace or be a substitute for any of the requirements of K.S.A. 22-3210. Use of any other form must be approved in advance by the judge taking the plea. (Click here for the form, Adobe Reader required.)
At the discretion of the judge taking the plea, a defendant may be required to take an oath as part of the plea process. (Click here for the oath, Adobe Reader required.)