Printable version (updated 5/14/2013)
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
305 Jury Trial Scheduling
307 Documents filed under seal
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 (Amended)
The Presiding Judge of the Criminal Department will hear or assign Pretrial motions, other than for bond reduction/modification, at the 9:00 a.m.
Motion Docket on the Friday following the week in which a party files the motion, or at such other time as the Presiding Judge may order.
Pretrial motions that require presentation of evidence or significant legal argument that could delay the start of jury selection must be resolved prior to the trial date. Counsel have the burden to schedule such motions with the assigned trial judge. If they do not the Court may continue the trial, at its discretion, and charge the continuance to the party responsible for the delay.
Counsel must submit all motions requesting bond reduction/modification to the assigned sentencing judge. Such motions must be in writing and include a notice of the hearing date and certificate of service. The moving party must file and serve the motion on the opposing party at least two business days in advance of the hearing date. If the assigned sentencing judge is unable to schedule the hearing within five business days from the date requested, the Presiding Judge of the Criminal Department will schedule the hearing on the next criminal motion docket.
Sentencing motions requesting a dispositional departure must be filed two business days in advance of the scheduled sentencing date unless both parties agree to the departure.
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.
COMMERCIAL SURETY RULES AND PRODECURES - As Adopted 02-14-2013
A. Authorization to Issue Appearance Bonds:
Except as otherwise provided by law, no commercial surety shall be authorized to act as a surety in this Court until having fully complied with K.S.A. 22-2806, the rules of this Court and this Local Rule relating to the justification and approval of sureties, and the issuance of appearance bonds. Persons who are not a commercial surety may act as sureties in this Court on a case by case basis without complying with section C if a judge of this Court approves.
As used in this Rule, the terms shall have the following meanings:
"Applicant" means any person applying for approval or having been approved to issue appearance bonds under this rule as a commercial surety.
"Appearance bond" means a bond certificate issued by a surety which guarantees the appearance of a defendant in the Eighteenth Judicial District at the time specified on the bond and at all subsequent court appearances. In the event of failure to appear at any time specified by the Court, the surety guarantees payment of the amount on the bond.
"Chief Judge" means the Chief Judge of the Eighteenth Judicial District or other Judge of the District Court designated the Chief Judge of the Eighteenth Judicial District to act on his or her behalf. The Chief Judge may also designate the Clerk of the District Court or the District Court Administrator to perform clerical or administrative duties outlined in this Rule.
"Commercial Surety" means any person or entity who, as surety, issues appearance bonds for compensation, is responsible for any forfeiture, and is liable for appearance bonds written by their authorized agents. A commercial surety is either:
(a) An "Insurance Agent" licensed by the Kansas State Insurance Commissioner to issue surety bonds or appearance bonds in the State of Kansas and who represents an authorized insurance company, or
(b) A "Bondsman" who is a person or entity who secures appearance bonds by a letter of credit, referred to hereinafter, obtained by the Bondsman. A Bondsman may authorize other persons, hereinafter referred to as Bondsman Agents, to act on behalf of the Bondsman in writing appearance bonds.
"Insurance Company" means any company authorized by the Kansas State Insurance Commissioner to write surety bonds or Appearance Bonds.
"Agent of a surety" shall mean a person, not performing the duties of a law enforcement officer, who tracks down, captures and surrenders to the custody of the court a fugitive who has violated a surety or appearance bond agreement.
"Surety" means a person or commercial surety, other than a defendant in a criminal proceeding that guarantees the appearance of the defendant in a criminal proceeding, by executing an appearance bond.
"Unsatisfied Appearance Bond Forfeitures" shall mean appearance bonds, which after thirty (30) days from the granting of judgment on the motion for the same have not been paid into the court or the defendant has not been recommitted into custody by the surety or his or her agent.
C. Criteria for Authorization to Act as Commercial Surety in the Eighteenth Judicial District:
In order to become authorized to act as surety in the Eighteenth Judicial District, the surety must make application in writing to the Chief Judge. Accompanying the request for authorization, the applicant must submit the following information:
- Requirements for Insurance Agents:
- A copy of any and all Power of Attorney certificates issued to it by any insurance company.
- A current and valid Certificate of License from the Kansas Insurance Department.
- A current and valid Certificate of Authority from the Kansas Insurance Department
- A statement that the applicant has read this Rule and the Kansas statutes dealing with appearance bonds in their entirety and agrees to comply with all provisions
- A completed application.
- A signed release from the applicant allowing the Court to conduct a criminal history records investigation on said individual.
- Requirements for Bondsman:
- A valid, current and enforceable irrevocable Letter of Credit in an amount not less than one hundred thousand dollars ($100,000) issued to the District Court, Eighteenth Judicial District, by a state or national banking institution authorized to and doing business in the State of Kansas, guaranteeing payment of any forfeited appearance bonds posted by the Bondsman or his/her Bondsman Agent(s) on which judgment has been granted. All such letters of credit must be reviewed by the District Attorney and approved by the Chief Judge. Letters of Credit shall be retained by the Clerk of the District Court, following approval of the application. A Bondsman individually, or in combination with his or her Bondsman Agents, shall be entitled to outstanding appearance bonds up to but not exceeding an aggregate amount which is fifteen (15) times the amount of the letter(s) of credit issued to the Court. However, no Bondsman individually, or in combination with his or her Bondsman Agents, shall write any single appearance bond that exceeds 35% of the amount of the letter(s) of credit.
- A completed application.
- A signed release from the applicant and any persons authorized by the applicant to issue appearance bonds, allowing the Court to conduct a criminal history records investigation on said individual.
- A statement that the applicant has read this Rule and the Kansas statutes dealing with appearance bonds in their entirety and agrees to comply with all provisions.
- Such other information as may be requested by the Chief Judge regarding the applicant concerning his/her financial status affecting his/her ability to issue appearance bonds.
- Applicants shall not be approved to issue appearance bonds; or bonding privileges may be suspended or revoked if:
- The applicant or any authorized agent, within the preceding 10 years, has been convicted, in this or any other jurisdiction of any crime of violence, dishonesty or deceit, or moral turpitude or has been convicted of any person felony within the last 10 years.
- The applicant is not a citizen of the United States.
- The applicant or any authorized agent does not have current, federal or state photo identification.
- The applicant or any authorized agent has failed to meet financial responsibilities to this or any other Court; or has any pending matters before the Court in which the applicant or any authorized agent has failed to appear as directed. This may be evidenced by legal action to collect past due amounts or other commonly accepted indications.
- The appearance bonds outstanding by a Bondsman and/or his or her Bondsman Agents exceed an aggregate amount which is fifteen (15) times the amount of the letter(s) of credit issued to the Court.
- The applicant or authorized agent has provided a false statement in any information submitted to the Court for approval of his/her application or regarding a warrant/appearance bond recall.
- The applicant or any authorized agent has outstanding warrant(s) issued for his or her arrest for any crime mentioned in paragraph one above.
- The applicant or any authorized agent allows an unauthorized person to write an appearance bond(s).
- An Insurance Agent allows an appearance bond to be submitted to the Court which does not contain an individual, numbered, power of attorney properly executed.
- The applicant or any authorized agent employs an Agent of a Surety who is not qualified to act as such under the provisions of K.S.A. 22-2809a.
- The applicant or any authorized agent failed to timely submit a periodic quarterly report as required by Section K of this Rule.
- Good cause exists for the Chief Judge to determine that it is not in the best interest of the Court and/or the community to permit the applicant or Surety to
write appearance bonds in the Eighteenth Judicial District.
Written notice of suspension or revocation of bonding privileges, except for suspension due to failure to pay a judgment within 30 days of it being granted, shall be given to the surety. Such notice of suspension or revocation shall state the reason for the suspension or revocation and be mailed by regular mail to the address on file with the Court. Any suspension or revocation under this Rule shall be effective upon signature of the written notice by the Chief Judge.
If the suspension or revocation is for failure to pay a judgment within 30 days of it being granted, the suspension shall be effective on the 31st day following judgment without any further action by the Court. If the suspension or revocation is for some other reason, the surety may request a hearing within 10 days of the date of the notice before the Chief Judge. If such request is made, the suspension or revocation of bonding privileges may be stayed by the Chief Judge pending such hearing which shall be held within 14 days of the request for hearing.
E. Persons Authorized to Write Appearance Bonds
As part of the approval process, the applicant shall submit the name(s) and requested information for all proposed Bondsman Agents of the applicant. Only those persons
so approved are authorized to act as a Bondsman or Bondsman Agents to write appearance bonds or serve as Agents of a Surety. If, following approval, the applicant wants to
add additional Bondsman Agents or Agents of a Surety, the applicant must complete and submit the required form to the Chief Judge indicating the name of the person(s) they
wish to add, along with a completed Authorization for the Release of Records and a Statement of Understanding. The agent will not be allowed to write appearance bonds
unless and until approved to do so by the Chief Judge. In addition, when Bondsman Agents are no longer employed by the Bondsman, the surety shall notify the Chief Judge,
in writing, within three (3) business days, that said person is no longer authorized by the applicant to write appearance bonds, or serve as their authorized agent. The
Bondsman will remain responsible for any appearance bonds written by the Bondsman Agent until the notice required is received by the Chief Judge.
The Sheriff shall provide all approved Commercial Sureties equality in exposure. The Chief Judge shall periodically furnish the Clerk of the District Court and the Sheriff a list of approved Commercial Sureties.
Nothing in this Rule shall negate K.S.A. 22-2806 which provides that an appearance bond may be approved and accepted by the Sheriff of Sedgwick County, according to law.
F. Failure to Appear
- An appearance bond issued by a Commercial Surety authorized to transact business in the State of Kansas and in the Eighteenth Judicial District guarantees the appearance of such person in Court at the time specified on the appearance bond and at all subsequent court appearances unless and until the Commercial Surety is released on the appearance bond.
- If an appearance bond is posted on a charge for which a disposition has not yet been entered, the appearance bond remains in effect until such time as the
defendant answers the complaint and sentence or disposition is entered thereon. This would not include future court appearances for review of compliance with court
orders. However, if the appearance bond is posted for a non-appearance on a post-conviction or post-diversion matter, the appearance bond remains in effect until
final disposition of the matter for which the appearance bond was posted.
Upon failure of the defendant to appear as ordered, the judge shall declare the appearance bond forfeited. The court may set aside the forfeiture upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. If the forfeiture is not set aside, the Court shall request the District Attorney to prepare a Journal Entry of Bond Forfeiture of the appearance bond and file a Motion for Judgment on said bond forfeiture to be set for hearing not less than 60 days following the filing of the Motion for Judgment. It is the responsibility of the Surety to be aware of the defendant's required court appearances on the Court's calendar, and to see to it that the defendant appears as ordered. The Surety's liability on the appearance bond is not conditioned upon any notice by the Court, District Attorney or any other person or entity of the defendant's failure to appear.
G. Failure to Produce the Defendant or the Forfeited Funds
If the defendant is not surrendered or the appearance bond forfeiture paid by the end of the Court's business day on the 30th day following judgment, the Surety's bonding privileges will be suspended at that time. If the Surety is a Bondsman and he/she or one or more of his/her Bondsman Agents is suspended for non-payment of a judgment, the Bondsman and all of his/her Bondsman Agents will be suspended. Notification of the suspension of bonding privileges shall be made in writing to the Bondsmen and his/her Bondsman Agents. The letter will be sent by regular mail to the address on file with the Court. Failure to receive the letter does not negate the suspension of bonding privileges under this paragraph
H. Reinstatement of Bonding Privileges
Once suspended, the Surety must pay all judgments for unsatisfied appearance bond forfeitures before consideration will be given for reinstatement of bonding privileges.
Once payment in full is made, the following schedule will be followed: For the first suspension in a one (1) year period, the Surety's privileges will be suspended for a period not to exceed thirty (30) days after payment. Such one year period shall begin on July 1 and end on June 30th of the following year. For a second or subsequent suspension in a one (1) year period, the Surety's privileges will be suspended for ninety (90) days after payment. Such one year period shall begin on July 1 and end on June 30th of the following year.
- If the judgment on the appearance bond forfeiture is paid on time, and the defendant is later surrendered by the Surety, upon request, a partial refund may be
allowed as indicated below:
- 1 – 30 days after payment 75% refund
- 31 – 60 days after payment 50% refund
- 61 – 90 days after payment 25% refund
Said request for refunds must be made in writing.
No refunds will be given for surrenders that occur in excess of 90 days after payment unless specifically ordered by the Chief Judge after the filing of a proper motion. No refunds will be given unless the defendant is surrendered by the Surety or Agent of the Surety to the Sedgwick County Adult Detention Facility. If the defendant is arrested by law enforcement personnel within ninety (90) days of forfeiture, without the assistance of the Surety or Agent of the Surety, no refunds will be provided.
For purposes of consideration of a refund, a defendant is considered surrendered to the Court when he or she is surrendered to the Sedgwick County Adult Detention
Facility. A defendant is not considered surrendered to the Court if the defendant is incarcerated in another county or another State. Upon timely surrender, the Surety
will be released from all further liability on the appearance bond.
The Surety may provide to the court, prior to judgment on the appearance bond forfeiture, a written statement, signed under penalty of perjury, setting forth the details of the incarceration of the defendant in some location within the United States. Upon receipt of such statement, the Court shall set aside the forfeiture and upon the defendant's return to the Court's jurisdiction, the Surety may be ordered to pay the costs of the return.
K. Periodic Report by Sureties
All Sureties shall file a quarterly report with the Clerk of the District Court setting forth all active appearance bonds that are outstanding. Said reports shall
set forth the required information as of the final day of each calendar quarter and shall be filed no later than ten (10) days following the last day of each quarter. The
report shall include the defendant's name, the Court case number, the date the appearance bond was written, the amount of the appearance bond and the current status of the
A Bondsman shall file the letter(s) of credit used as security for appearance bonds with the Clerk and immediately report any expiration, renewal, cancellation, suspension or revocation of said letter(s) of credit to the Clerk.
The report shall also include a list of appearance bond forfeitures that have been declared on cases in this Judicial District where there are appearance bonds written by the Surety, any judgments granted in those cases and the payment due date of said judgments.
The reports required by this Rule shall be submitted digitally to the Court in the form of Microsoft Office Excel spreadsheet with information under headings as directed by the Court or other approved format.
Failure to submit said report in a timely manner is cause for a suspension of bonding privileges.
L. Application of Rule to Commercial Sureties Already Approved to Write Appearance Bonds in the Eighteenth Judicial District
Any Commercial Surety currently approved to write appearance bonds in the Eighteenth Judicial District shall be required to comply with this rule as of July 1, 2013. In order to retain bonding privileges, such Commercial Surety must submit an application, pursuant to this order, no later than June 1 of each year to remain in good standing for the next twelve (12) month period [July 1 to June 30] thereafter.
N. Ability to Sue
Nothing contained herein shall in any way limit the Court's ability to proceed with any and all proper civil remedies against any Surety to collect on an appearance bond if payment is not forthcoming upon demand.
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.)
JURY TRIAL SCHEDULING
The Presiding Judge of the Criminal Department, or another designated judge, will conduct a jury trial scheduling meeting at 2:00 p.m. each Thursday for cases announced for trial the following week, or such other time as the Presiding Judge designates. A party wishing to announce a case for trial must advise opposing counsel of this announcement at least 24 hours in advance of this meeting and notify the Court of the announcement no later than noon on the day of the meeting. If a party announces a case for trial after the deadlines set forth in this Rule the Court may, absent good cause shown, continue the case and charge the continuance to the party making the late announcement.
A party requesting a continuance of any case scheduled on the docket (whether for jury trial, preliminary hearing, bench trial, or motion), must first notify opposing counsel of the request. If opposing counsel does not object to the request, the party seeking the continuance must then send an email message to “email@example.com” that contains all of the following information:
- The name and email address of the attorney making the request;
- The name and email address of the opposing attorney who agrees to the continuance;
- The defendant’s name and case number; and
- The continuance date requested
Defense counsel shall insure that the necessary consultation has occurred and is ongoing with the defendant.
- The Court will reject any request that does not include all information listed above, and will require counsel to appear at the docket call.
- For any fifth (5th) or subsequent continuance request(s) (whether State or defense requests), counsel must appear in person at the docket-call and make the request on the record.
- The Court will accept continuance requests only from the party making the request.
The Court must receive requests for jury trial continuance by 2:00 p.m. on the last business day before the jury trial docket, and by 4:00 p.m. the day prior to the
docket-call for cases scheduled on the preliminary hearing, bench trial, or pre-trial motion(s) docket. Counsel seeking continuance must do so either by email or in
open court. The Court will not entertain requests over the telephone or during chamber visits.
The court will email counsel for both parties if it grants the continuance request. If counsel does not receive a reply email, counsel must appear in person at the docket-call to request the continuance.
DOCUMENTS FILED UNDER SEAL
A party seeking permission to file a document “under seal” must prepare a written motion setting out the request and a proposed order, and submit the motion, proposed
order, and any associated papers either to the Presiding Judge of the Criminal Department or the assigned criminal department/sentencing judge for review. The motion
must state the reasons why counsel seeks to file “under seal” and set forth any other provisions relating to confidentiality of the documents counsel seeks to seal.
The Clerk of the District Court will file documents “under seal” only upon receipt of a judicially approved, signed written order.
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