Kansas Statutes Annotated

K.S.A. § 12-4203 (2026)

Complaint; service; notice to appear or warrant; failure to issue

✓ current as of May 2026

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12-4203. Complaint; service; notice to appear or warrant; failure to issue. (a) A copy of the complaint shall be served, together with a notice to appear or a warrant, by a law enforcement officer upon the accused person, and forthwith, the complaint shall be filed with the municipal court, except that a complaint may be filed initially with the municipal court, and if so filed, a copy of the complaint shall forthwith be delivered to the city attorney.

(b) If a city attorney fails either to cause a notice to appear or to request a warrant to be issued, on a complaint initially filed with the municipal court, the municipal judge may, upon affidavits filed with him or her alleging the violation of an ordinance, order the city attorney to institute proceedings against any person. Any such municipal judge shall be disqualified from sitting in any case wherein such order was entered and is further prohibited from communicating about such case with the municipal judge pro tem appointed by the municipal judge to preside therein.

History: L. 1973, ch. 61, § 12-4203; L. 2004, ch. 71, § 2; July 1.

Notes of Decisions

Cited in 3 cases, 1988–2007 · leading case: How v. City of Baxter Springs, 217 F. App'x 787 (10th Cir. 2007).

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How v. City of Baxter Springs, 217 F. App'x 787 (10th Cir. 2007). “Kan. Stat. Ann. § 12-4203 (a) (2003). This provision contemplates that, in most circumstances, a law enforcement officer serves the complaint and notice to appear upon the defendant and, simultaneously or thereafter, the complaint is filed with the municipal court.”

City of Elkhart v. Bollacker, 757 P.2d 311 (Kan. 1988). “See K.S.A. 12-4203 and -4206. The form of notice to appear prescribed in our statutes contains a place for the accused to sign, agreeing that he or she will appear in court at the time and place specified.”

How v. Baxter Springs, KS (10th Cir. 2007). “- 15 - Kan. Stat. Ann. § 12-4203 (a) (2003). This provision contemplates that, in most circumstances, a law enforcement officer serves the complaint and notice to appear upon the defendant and, simultaneously or thereafter, the complaint is filed with the municipal court.”

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