12-4104.
Municipal court; jurisdiction; search warrants proscribed.
(a) The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city, including concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance violation are the same as the elements of a violation of one of the following state statutes and would constitute, and be punished as, a felony if charged in district court:
(1) K.S.A. 8-1567, and amendments thereto, driving under the influence;
(2) K.S.A. 21-5414, and amendments thereto, domestic battery;
(3) K.S.A. 21-5801, and amendments thereto, theft;
(4) K.S.A. 21-5821, and amendments thereto, giving a worthless check; or
(5) subsection (b)(3) of K.S.A. 21-5706, and amendments thereto, possession of marijuana.
(b) Search warrants shall not issue out of a municipal court.
History:
L. 1973, ch. 61, § 12-4104; L. 2007, ch. 168, § 3; L. 2009, ch. 32, § 20; L. 2010, ch. 74, § 1; L. 2011, ch. 30, § 101; July 1.
Notes of Decisions
Cited in
15
cases (
4 in the last 5 years), 1983–2023 · leading case:
State v. Dunn, 375 P.3d 332 (Kan. 2016).
State v. Dunn, 375 P.3d 332 (Kan. 2016).
· cites it 2× “In addition, since 1868, Kansas statutes have provided that "[t]he district courts shall have exclusive original jurisdiction" in all felony cases.”
State v. Jordan, 537 P.3d 443 (Kan. 2023).
· cites it 2× “That jurisdictional statute provides: "Except as provided in K.S.A. 12-4104, and amendments thereto, the district court shall have exclusive jurisdiction to try all cases of felony and other criminal cases arising under the statutes of the state of Kansas.”
State v. Jenkins, 284 P.3d 1037 (Kan. 2012).
· cites it 5× “12-4104 stated: “The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.”
City of Shawnee v. Adem, 494 P.3d 134 (Kan. 2021).
· cites it 2× “See K.S.A. 2020 Supp. 12-4104(a); K.S.A. 22-2601.”
State v. Elliott, 133 P.3d 1253 (Kan. 2006).
“at 168 , the court stated: “K.S.A. 12-4104 states: ‘The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.”
City of Overland Park v. Niewald, 907 P.2d 885 (Kan. 1995).
· cites it 2× “It noted that the municipal court is precluded by K.S.A. 12-4104 from issuing the warrant. K.”
City of Junction City v. Cadoret, 946 P.2d 1356 (Kan. 1997).
“K.S.A. 12-4104 states: “The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.”
M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983).
“” Kan. StatAnn. § 12-4104 (1982). Some states provide a jury trial in each tier; others provide a jury only in the second tier but allow an accused to by-pass the first; and still others do not allow an accused to avoid a trial of some sort at the first tier before he obtains a…”
State v. Frazier, 736 P.2d 956 (Kan. Ct. App. 1987).
“” K.S.A. 12-4104 outlines the jurisdiction of Kansas municipal courts: “The municipal court of each city shall have jurisdiction to hear and determine cases involving violations of the ordinances of the city.”
State v. Obiero (Kan. Ct. App. 2022).
· cites it 9× “See K.S.A. 2015 Supp. 12-4104(a). Relevant to this appeal, municipal courts have "concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance 17 violation are the same as the elements of a violation of [K.”
City of Emporia v. Guyer (Kan. Ct. App. 2022).
· cites it 8× “To begin with, Guyer has not established that her municipal court case violated K.S.A. 2020 Supp. 12-4104. Statutory interpretation is a question of law over which this court exercises unlimited review.”
City of Overland Park v. Niewald, 893 P.2d 848 (Kan. Ct. App. 1995).
“See K.S.A. 12-4104. Necessarily, absent any limiting statute, the issuance of an administrative search warrant is within the general jurisdiction of the district court.”
— K.S.A. § 12-4104(a) — 3 cases
State v. Obiero (Kan. Ct. App. 2022).
“See K.S.A. 2015 Supp. 12-4104(a). Relevant to this appeal, municipal courts have "concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance 17 violation are the same as the elements of a violation of [K.”
City of Emporia v. Guyer (Kan. Ct. App. 2022).
“To begin with, Guyer has not established that her municipal court case violated K.S.A. 2020 Supp. 12-4104. Statutory interpretation is a question of law over which this court exercises unlimited review.”
— K.S.A. § 12-4104(a)(1) — 1 case
State v. Obiero (Kan. Ct. App. 2022).
“See K.S.A. 2015 Supp. 12-4104(a). Relevant to this appeal, municipal courts have "concurrent jurisdiction to hear and determine a violation of an ordinance when the elements of such ordinance 17 violation are the same as the elements of a violation of [K.”
— K.S.A. § 12-4104(a)(2) — 1 case
City of Emporia v. Guyer (Kan. Ct. App. 2022).
“To begin with, Guyer has not established that her municipal court case violated K.S.A. 2020 Supp. 12-4104. Statutory interpretation is a question of law over which this court exercises unlimited review.”
— K.S.A. § 12-4104(b) — 1 case
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