Kansas Statutes Annotated

K.S.A. § 22-3609 (2026)

Appeals from municipal courts

✓ current as of May 2026

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22-3609. Appeals from municipal courts. (a) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or any findings of contempt. The appeal shall be assigned by the chief judge to a district judge. The appeal shall stay all further proceedings upon the judgment appealed from.

(b) An appeal to the district court shall be taken by filing, in the district court of the county in which the municipal court is located, a notice of appeal and any appearance bond required by the municipal court. Municipal court clerks are hereby authorized to accept notices of appeal and appearance bonds under this subsection and shall forward such notices and bonds to the district court. No appeal shall be filed until after the sentence has been imposed. No appeal shall be taken more than 14 days after the date the sentence is imposed.

(c) The notice of appeal shall designate the judgment or part of the judgment appealed from. The defendant shall cause notice of the appeal to be served upon the city attorney prosecuting the case. The judge whose judgment is appealed from or the clerk of the court, if there is one, shall certify the complaint and warrant to the district court of the county, but failure to do so shall not affect the validity of the appeal.

(d) Except as provided herein, the trial of municipal appeal cases shall be to the court unless a jury trial is requested in writing by the defendant not later than seven days after first notice of trial assignment is given to the defendant or such defendant's counsel. The time requirement provided in this subsection regarding when a jury trial shall be requested may be waived in the discretion of the court upon a finding that imposing such time requirement would cause undue hardship or prejudice to the defendant. A jury in a municipal appeal case shall consist of six members. All appeals taken by a defendant from a municipal judge in contempt findings, cigarette or tobacco infraction or traffic infraction cases shall be tried by the court.

(e) Notwithstanding the other provisions of this section, appeal from a conviction rendered pursuant to K.S.A. 12-4416(b), and amendments thereto, shall be conducted only on the record of the stipulation of facts relating to the complaint.

(f) At the conclusion of the case, the district court shall send notice of dismissal, conviction or acquittal to the municipal court clerk.

History: L. 1970, ch. 129, § 22-3609; L. 1971, ch. 114, § 10; L. 1975, ch. 202, § 1; L. 1976, ch. 163, § 21; L. 1977, ch. 112, § 10; L. 1981, ch. 154, § 3; L. 1982, ch. 149, § 1; L. 1982, ch. 144, § 18; L. 1983, ch. 115, § 1; L. 1986, ch. 115, § 66; L. 1992, ch. 176, § 1; L. 1998, ch. 192, § 8; L. 1999, ch. 57, § 32; L. 2004, ch. 71, § 5; L. 2010, ch. 135, § 29; L. 2013, ch. 118, § 5; L. 2016, ch. 93, § 15; July 1.

Notes of Decisions

Cited in 60 cases (7 in the last 5 years), 1977–2026 · leading case: State v. Legero, 91 P.3d 1216 (Kan. 2004).

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State v. Legero, 91 P.3d 1216 (Kan. 2004). · cites it 11× “Under K.S.A. 22-3609, defendant tried to appeal the probation revocation to the district court, which then dismissed the appeal for lack of jurisdiction.”

City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985). · cites it 26× “The purpose of the statute is to preserve the right to a jury trial while providing adequate notice to the court of the intent to exercise this right so that potential jurors can be requested. Obviously if a jury trial is to be conducted, some notice must be given the court so…”

City of Garnett v. Zwiener, 625 P.2d 491 (Kan. 1981). · cites it 8× “These are duties of the judge or clerk of such court. The mandatory provisions for perfecting an appeal are separated from the directory provisions, which are of a procedural nature.”

City of Wichita v. Maddox, 24 P.3d 71 (Kan. 2001). · cites it 8× “As this appeal is now presented to us, the questions are: (1) What charges were properly before the district court? and (2) Was the failure to arraign Maddox on the four related traffic charges in the district court fatal to the convictions thereof? *448 The statutory provisions…”

City of Lenexa v. Higgins, 825 P.2d 1152 (Kan. Ct. App. 1992). · cites it 10× “the district court dismissing, two attempted criminal appeals from the Municipal Court of Overland Park, Kansas, the record is examined and it -is held both attempted appeals were properly dismissed since written notices of appeal were not filed in the municipal court as…”

Ben J. v. City of Salina, 208 P.3d 739 (Kan. 2009). · cites it 2× “However, the word "appeal" appears in K.S.A. 22-3609(1), which grants a municipal court defendant "the right to appeal to the district court," and in subsection (4), which speaks to "the trial of municipal appeal cases.”

City of Salina v. Amador, 106 P.3d 1139 (Kan. 2005). · cites it 4× “Burkett and Rose are obviously distinguishable from this case in that they dealt with what is now K.S.A. 2003 Supp. 22-3609a, appeals from proceedings before a magistrate judge, and this case deals with K.”

City of Wichita v. Patterson, 919 P.2d 1047 (Kan. Ct. App. 1996). · cites it 4× “K.S.A. 22-3609 authorizes appeals from municipal court to district court, K.”

State v. Porter, 574 P.2d 187 (Kan. 1977). · cites it 2× “Defendant first argues it was error for the district court to dismiss the appeal on the issue of his right to a lineup, relying on K.S.A. 22-3609 (now K.S.A. 1976 Supp. 22-3609 and 22-3609a).”

City of Overland Park v. Barron, 672 P.2d 1100 (Kan. 1983). · cites it 2× “K.S.A. 1982 Supp. 22-3609 covers the statutory procedure for perfecting an appeal from a municipal court to the district court in the following language; “22-3609.”

City of Topeka v. Ramos, 414 P.3d 255 (Kan. Ct. App. 2018). · cites it 14× “An appeal from a municipal court to the district court is governed exclusively by K.S.A. 2016 Supp. 22-3609. It provides that an appeal may be taken from any judgment in a municipal court that adjudges the defendant guilty of a violation of a city ordinance.”

State v. Hanson, 124 P.3d 486 (Kan. 2005). · cites it 3× ““Burkett and Rose are obviously distinguishable from this case in that they dealt with what is now K.S.A. 2003 Supp. 22-3609a, appeals from proceedings before a magistrate judge, and this case deals with K.”

Show all 60 citing cases →

— K.S.A. § 22-3609(1) — 15 cases

State v. Legero, 91 P.3d 1216 (Kan. 2004). “Under K.S.A. 22-3609, defendant tried to appeal the probation revocation to the district court, which then dismissed the appeal for lack of jurisdiction.”

Ben J. v. City of Salina, 208 P.3d 739 (Kan. 2009). “However, the word "appeal" appears in K.S.A. 22-3609(1), which grants a municipal court defendant "the right to appeal to the district court," and in subsection (4), which speaks to "the trial of municipal appeal cases.”

City of Salina v. Amador, 106 P.3d 1139 (Kan. 2005). “Burkett and Rose are obviously distinguishable from this case in that they dealt with what is now K.S.A. 2003 Supp. 22-3609a, appeals from proceedings before a magistrate judge, and this case deals with K.”

City of Wichita v. Patterson, 919 P.2d 1047 (Kan. Ct. App. 1996). “K.S.A. 22-3609 authorizes appeals from municipal court to district court, K.”

M.S. News Co. v. Casado, 721 F.2d 1281 (10th Cir. 1983).

— K.S.A. § 22-3609(2) — 18 cases

City of Lenexa v. Higgins, 825 P.2d 1152 (Kan. Ct. App. 1992). “the district court dismissing, two attempted criminal appeals from the Municipal Court of Overland Park, Kansas, the record is examined and it -is held both attempted appeals were properly dismissed since written notices of appeal were not filed in the municipal court as…”

State Ex Rel. Owens v. Hodge, 641 P.2d 399 (Kan. 1982).

City of Overland Park v. Barron, 672 P.2d 1100 (Kan. 1983). “K.S.A. 1982 Supp. 22-3609 covers the statutory procedure for perfecting an appeal from a municipal court to the district court in the following language; “22-3609.”

City of Derby v. Haskins, 3 P.3d 557 (Kan. Ct. App. 2000).

City of Lawrence v. McCormick, 66 P.3d 854 (Kan. 2003).

— K.S.A. § 22-3609(3) — 12 cases

City of Garnett v. Zwiener, 625 P.2d 491 (Kan. 1981). “These are duties of the judge or clerk of such court. The mandatory provisions for perfecting an appeal are separated from the directory provisions, which are of a procedural nature.”

City of Wichita v. Maddox, 24 P.3d 71 (Kan. 2001). “As this appeal is now presented to us, the questions are: (1) What charges were properly before the district court? and (2) Was the failure to arraign Maddox on the four related traffic charges in the district court fatal to the convictions thereof? *448 The statutory provisions…”

City of Overland Park v. Fricke, 601 P.2d 1130 (Kan. 1979).

City of Elkhart v. Bollacker, 757 P.2d 311 (Kan. 1988).

State v. Remlinger, 968 P.2d 671 (Kan. 1998).

— K.S.A. § 22-3609(4) — 6 cases

City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985). “The purpose of the statute is to preserve the right to a jury trial while providing adequate notice to the court of the intent to exercise this right so that potential jurors can be requested. Obviously if a jury trial is to be conducted, some notice must be given the court so…”

City of Wichita v. Rice, 889 P.2d 789 (Kan. Ct. App. 1995).

City of Wichita v. Bannon, 154 P.3d 1170 (Kan. Ct. App. 2007).

State v. Bell, 884 P.2d 1164 (Kan. Ct. App. 1994).

— K.S.A. § 22-3609(a) — 5 cases

City of Topeka v. Ramos, 414 P.3d 255 (Kan. Ct. App. 2018). “An appeal from a municipal court to the district court is governed exclusively by K.S.A. 2016 Supp. 22-3609. It provides that an appeal may be taken from any judgment in a municipal court that adjudges the defendant guilty of a violation of a city ordinance.”

State v. Legero, 75 P.3d 273 (Kan. Ct. App. 2003).

In re T.T., 480 P.3d 790 (Kan. Ct. App. 2020).

City of Dodge City v. Charles (Kan. Ct. App. 2025).

In re K.S. (Kan. Ct. App. 2026).

— K.S.A. § 22-3609(b) — 4 cases

City of Wichita v. Obiero (Kan. Ct. App. 2022).

Wilkerson v. City of Atchison (Kan. Ct. App. 2025).

Unified Gov't of WYCO/KCK v. Quintanilla-Avalos (Kan. Ct. App. 2021).

— K.S.A. § 22-3609(d) — 1 case

City of Wichita v. Grasty, 500 P.3d 1201 (Kan. Ct. App. 2021).

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