Elk City Municipal Court – Elk City, KS

Oct 26, 2021

A municipal court is a court with small jurisdiction over criminal charges and civil matters inside its location. These courts can be found at the county or city level.

Elk City Municipal Court INformation

Court: Elk City Municipal Court
Address: “114 North Montgomery Avenue, PO Box 245, Elk City, KS 67344”
Phone: 620-627-2483

City: Elk City
County: Montgomery
State: Kansas

What is the purpose of the Elk City Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they deal with minor crimes, civil disputes, and traffic incidents. Courts like Elk City Municipal Court are the first level of court for this group of matters.

On the other hand, the purpose of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve family law matters, personal injury, more serious criminal charges, or contract disputes.

County courts have the jurisdiction to deal with misdemeanors and civil matters that can not exceed the amount of $15,000.00, while the circuits courts handle felony cases and bigger civil cases.

TYPES OF Legal Matters HEARD IN A MUNICIPAL COURT in Elk City, Kansas

Municipal courts are the lowest level of courthouses in the U.S.. They are usually found within the jurisdiction where they are located, but some jurisdictions share municipal courts with other municipalities.

This can be done to better help their citizens or to save money on overhead costs. The cases that may be heard by a municipal court can change based on on the municipality, but typically include traffic matters, low level criminal charges and code infractions.

You will not see a set definition for what constitutes a misdemeanor charge versus a felony crime, but generally speaking felonies would require more time in jail than misdemeanor crimes and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

what is the procedure for cases in the municipal court in Elk City?

Municipal courts are the first level of the court system in the United States. They have jurisdiction over minor crimes, traffic matters, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters are handled by a magistrate who is usually a lawyer, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to help for a specific period of time.

Magistrates preside over hearings to determine:

  • Probable cause for arrest
  • Set bail amounts and the conditions of release
  • Conduct arraignment hearings when charges are filed against defendants by police officers
  • Issue search warrants to law enforcement officers in order to secure evidence from crime scenes
  • Conduct preliminary examinations to determine if there is enough evidence to issue a charge

The usual process of a Municipal Court matter

The common process of a municipal courthouse case can be complicated. The following is an overview of the steps involved in a regular municipal court matter.

First Step: An Issuance of Summons

A summons from the court is given when a person has been charged with violating a city ordinance or state law. The individual who has received the summons from the court will need to show up at their assigned time and place, which is usually the municipal courtroom, to respond for the charge(s) against them. If they never appear, they may be found guilty in absentia and could be fined up to $1k or given a jail term if it’s a serious enough offense.

Step Two: Show Up before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the person. 

Municipal Court Penalties in Elk City, KS

Penalties change often, which is why it’s best to speak with licensed lawyer near you. The information below represents common penalties, but may not be accurate for the Elk City Municipal Court. 

A violation is an offense that carries a penalty of $500 or less, while a misdemeanor charge can carry penalties up to $1,000.00 or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different crimes in municipal courthouses vary depending on the severity of an charges. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2k or spend up to six months in jail.

Elk City Municipal Court Records

Municipal Court records from a municipal government may be difficult to find because they are not always stored in one area or system. The records that an individual might need to depend on the matter they have in front of the court, where it’s at in the process, and what kind of of information is needed by law to be available.

Common Questions ABOUT the Elk City Municipal Court

What is municipal court in Elk City, Kansas?

In Kansas, the municipal court is a lower level with civil and criminal matters within a city or municipality. Municipal courts thus have a small area of influence and have limited authority as well, dealing only with petty charges and misdemeanors.

What does the municipal court handle in Elk City, Kansas?

Depending on the scope of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. Serious cases/crimes are deal with by higher authorities.

How many judges does the Elk City Municipal Court have?

The count of judges depends on the municipality’s size.

How are cases heard in municipal courts in Kansas?

A municipal court judge may be either elected or appointed to serve for a set term of years or until they retire. Judges are commonly chosen by precincts with each precinct’s results weighted based on population. Municipal judges are generally not lawyers but have some legal education and must finish many hours of continuing courses every period to maintain their credentials.