Elkhart Municipal Court – Elkhart, KS

Oct 26, 2021

A municipal court is a court with limited area of authority over criminal charges and civil matters within its area. These courts can be found at the county or city level.

Elkhart Municipal Court INformation

Court: Elkhart Municipal Court
Address: “433 Morton, PO Box 640, Elkhart, KS 67950”
Phone: 620-697-2239

City: Elkhart
County: Morton
State: Kansas

What is the purpose of the Elkhart Municipal Court?

Municipal Courts are routinely called “courts of limited jurisdiction.” Which means that they handle minor criminal charges, civil disputes, and traffic incidents. Courthouses like Elkhart Municipal Court are the first level of court for this group of matters.

In other situations, the role 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 breaches of contract.

County courthouses have the jurisdiction to deal with misdemeanors and civil actions that can’t exceed the amount of $15k, while the circuits courts handle felony cases and bigger civil matters.

TYPES OF CASES HEARD IN A MUNICIPAL COURT in Elkhart, Kansas

Municipal courts are the bottom rung of courthouses in the United States. They are usually found within the jurisdiction where they are located, but some locales share municipal courts with other municipalities.

This can be done to better service their people or to save money on costs. The matters that will be heard by a municipal court depend on the municipality, but typically include traffic matters, small criminal charges and code infractions.

There is no set definition for what establishes a misdemeanor versus a felony case, 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’s the process for cases in the municipal court in Elkhart?

Municipal courts are the entry level of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, and other civil matters. Municipal courts are often known as city courts or town courts. Cases are handled by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council members to assist for a specific time period.

Magistrates manage hearings to determine:

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

The common process of a Municipal Court matter

The process of a municipal court case can be difficult to navigate. The next portion is an overview of the steps involved in a regular municipal court matter.

First Step: Issuance of Summons

A court summons is issued when a person has been charged with violating a city ordinance or state law. The person who has received the summons will need to show up at their assigned time and place, which is usually the municipal courtroom, to answer for the charge(s) against them. If they don’t come, they may be found guilty in absentia and could be fined up to $1000 or sentenced to jail time 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 individual.

Municipal Court Penalties in Elkhart, KS

Penalties change often, which is why it’s good to speak with licensed lawyer. The information below represents common penalties, but may not be 100% accurate for the Elkhart Municipal Court.

A violation is an offense that has a penalty of $500 or below, while a misdemeanor can possess penalties up to $1000 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 offenses. For example, if you are caught with marijuana without having a prescription for it then you could be fined up to $2,000 or spend up to six months in jail.

Elkhart Municipal Court Records

Municipal Court records from a municipal government could be difficult to find because they are not always stored in one location or system. The records that an individual might need to depend on the type of charge they have in front of the court, what stage it is at in the process, and what type of information is needed by law to be available.

Questions ABOUT the Elkhart Municipal Court

What is municipal court in Elkhart, Kansas?

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

What does the municipal court handle in Elkhart, Kansas?

Depending on the area 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 handled by higher authorities.

How many judges does the Elkhart Municipal Court have?

The number of judges depends on the municipality’s population.

How are cases heard in municipal courts in Kansas?

A municipal courthouse judge may be either elected or appointed to serve for a set duration or until retirement. Judges are commonly elected by the people with each precinct’s results evaluated according to the number of people. Municipal magistrates are often not attorneys but have some legal training and must finish multiple hours of ongoing material every year to maintain their credentials.