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Court Systems
Today’s Objectives
• Explain how disputes can be settled without going to court
• Name the different levels of courts
• Identify and describe the various types of courts
Litigate
•To allow a court to resolve their disputes
Forms of Dispute Resolution
•How can disputes be resolved without going to court?
Forms of Dispute Resolution
•Mediator
•Arbitrator
Mediator
• Third party
• Tries to develop a solution acceptable to both parties
• Advices parties
• Not legally binding
Mediator
• Demands a person with excellent reasoning, problem solving, and peace making abilities
• Trustworthy• Neutral• Honest• Good listener• Finds common grounds• Excellent communication skills
Why Mediation?
•Wish to avoidDelaysHigh costsPublicity Ill will
Mediator
• Lawyers• Religious Lawyers• Social Workers• Counselors• Educators• Judges• --Most mediators hold law degrees• --Others may not even hold a bachelor’s degree• Some states require licenses or certification to
practice mediation• Some have completed training - taken a pledge of
ethics
Arbitrator
• Holds an informal hearing to determine what happened
• Decision is binding
• Decision can be enforced
Most Cost Effective Method
• For settling disputes is negotiation directly between the parties.
Court
• Governmental forum that administers justice under law
Court
• Impose punishment• Decide disputes• Try criminal cases• Award damages or order other
appropriate relief• Fine or imprisonment• Death
Two Levels of Courts in Deciding Disputes
• Trial Courts
• Appellate Courts
Trial Courts
• Court where dispute is first heart
• Hear witnesses
• Reviews evidence
• Verdict - decision in a case
Court
• Judge• Clerk• Lawyers• Bailiffs• Sheriff• Jury Members
Trial Courts
• Both civil and criminal
• Also known as Circuit Courts Superior Courts District Courts Courts of Common Plea
Appellate Courts
• Review decisions of lower courts when a party claims an error of law was made during the lower courts proceeding
• Review transcripts, evidence, no new testimony
• Concerned solely with error of law
Video
Justice in Kansas
Types of Courts in Kansas
Municipal Courts
• Violations of city ordinances
• Cases usually involve traffic and minor offenses
• May be represented by a lawyer
• Judge hears case without jury
• May appeal to District Court in same county
District Courts
• Created by the Constitution• Trial courts of Kansas• Jurisdiction over Civil and Criminal Cases• Divorces and other domestic relations• Damage suits• Probate and administration of estates• Guardianships• Care of mentally ill• Juvenile matters• Small Claims
District Courts
• Kansas is divided into 31 judicial districts
• Varying number of judges in each district
• District court in each county
• Where may I file a case? - Clerk’s Office
• Appeals from District to Court of Appeals or to the Supreme Court
District Courts
• A new case is filed every four minutes each work week
• 500,000 new cases a year
District Courts
• KS has adopted TIME STANDARDS FOR REDUCING DELAY - administering justice in a fair and timely manner
• Felony cases 120 days from the date of first appearance
• Misdemeanors 60 days
• Traffic Cases 30 days
• Domestic Relations - divorce, etc. 120 days
• Nondomestic civil cases 180 days
• Civil Cases - 1% - statewide pending two years• Criminal Cases - 4% - statewide pending one year or more
Kansas Court of Appeals
• Located in Topeka at the Kansas Judicial Center
• Hears all appeals from the district court in both civil and criminal cases, except those which may be appealed directly to the Supreme Court.
Supreme Court
• Topeka - at Judicial Center
• Reviews cases from Court of Appeals
• Direct appeals from the District courts in serious criminal cases
Kansas Courts
• 7 Supreme Court Judges
• 12 Court of Appeal Judges
• 163 District Court Judges
• 78 District Magistrate Judges
8th Judicial District
Dickinson County District Court Marion County District Court
Geary County District Court Morris County District Court
http://www.8thjd.com/index.htm
31 Judicial Districts
Do You Know How Many Judicial Districts are in KS?
Do You Know How Many Counties are in KS?
105
Kansas Judicial Districts
http://www.kscourts.org/dstcts/distmap.htm#28
Dickinson County District Court
8th Judicial District
Dickinson County Courthouse
109 East 1st Street, 2nd Floor
P.O. Box 127
Abilene, KS 67410-0127
E-mail: [email protected]
Hours of Operation: 9 a.m. – 5 p.m., Monday – Friday
Status of jury duty: (785)263-4806
Fax: (785)263-4407
Phone: (785)263-3142
Option 1 – Traffic tickets and fish and game citations (Theresa Stroda)
Option 2 – Marriage licenses, small claims, and civil cases (Cindy Ball)
Option 3 – Juvenile and adoption cases (Kari Payne)
Option 4 – Criminal, probate, divorce and child support cases (Marsha Lindsay)
Option 5 – Jury clerk (Connie Franklin)
Option 6 – Deputy clerk (Gloria Hobson)
Option 7 – Clerk of the Court (Cindy MacDonald)
Honorable John Barker
District Magistrate Judge
Honorable Benjamin J. Sexton
District Judge
Appointed: January 12, 2001
Appointed by: Governor Bill Graves
Education: B.S., 1983 Kansas State University
J.D., 1986 Washburn University
Career History: Private Practice 1986 to 2001
District Court Judge 2001 to present
Juris Doctor
Two Types of Judges of the District Court
District Judge
• Exercise the full power and authority of the court
District Magistrate Judge
• Have jurisdiction over probate and juvenile matters, misdemeanor trials, authorizes search warrants, adoptions, criminal misdemeanors, traffic infractions, and preliminary examinations in felony cases
• May also hear civil actions - evictions, small claims, marriages, child support, protection from abuse and protection from stalking
Supervisory Staff
Cindy J. MacDonald, Clerk of the District Court – (785)263-3142, extension 300
Gloria Hobson, Trial Court Clerk III – (785)263-3142, extension 303
Judges and Staff
The Honorable Benjamin J. Sexton – (785)263-3010, extension 307
Connie Franklin, Secretary – (785)263-3010, extension 307
The Honorable John E. Barker – (785)263-4704, extension 304
Gloria Hobson, Courtroom Clerk – (785)263-3142, extension 303
The Clerk of the District Court office is responsible for keeping records on all cases filed with the Court concerning the following: Marriage Licenses, Traffic Tickets, Fish & Game Citations, Probate, Criminal, Small Claims, Civil, Juvenile, Adoption, Care & Treatment, Domestic Relations, Child Support, and payments for court costs, fines, and fees.
Court Reporters and Transcriptionists
There are two certified court reporters in the Eighth Judicial District who travel as needed within the counties in the district. The reporters’ offices are located in Dickinson and Geary Counties. The reporters take verbatim records through the operation of a stenotype machine at judicial trials, hearings or conferences and prepare transcripts of such proceedings upon request. Requests for transcripts should be directed to the court reporter that was in attendance at the hearing in question.
Court Reporters and TranscriptionistsIn addition, the district employs one transcriptionist, who is located in Morris County, and prepares transcripts upon request of electronically recorded court proceedings. Hearings recorded electronically are preserved through the use of digital recording. Transcripts may be purchased by contacting the Clerk of the District Court in each respective county of the Judicial District. She will provide an estimate of the cost, which must be paid before the transcript is prepared.
Court Reporters and TranscriptionistsThe contact information for the court reporters and transcriptionist is
as follows:
Court ReporterLori WittGeary County Courthouse138 East 8th StreetP.O. Box 1147Junction City, KS 66441Phone: (785)762-5221, ext. 1447Fax: (785)762-4420
TranscriptionistsCheryl Hayes Morris County Courthouse 501 West Main Council Grove, KS 66846
Stenotype/Shorthand Machine
QuickTime™ and a decompressor
are needed to see this picture.
Registered Professional Reporter Test
In order to pass, a trained court reporter or closed captioner must write speeds of approximately 180, 200, and 225 words per minute at very high accuracy in the categories of literary, jury charge, and testimony, respectively.Many users of this machine can even reach 300 words per minute and per the website of the California Official Court Reporters Association the official record for American English is 375 wpm
Multiple keys are pressed simultaneously (known as "chording" or "stroking") to spell out whole syllables, words, and phrases with a single hand motion.
This system makes realtime transcription practical for court reporting and live closed captioning.
Because the keyboard does not contain all the letters of the English alphabet, letter combinations are substituted for the missing letters.
Stenograph Paper
Stenograph Keyboard
QuickTime™ and a decompressor
are needed to see this picture.
Jury SystemJury System
Persons accused of crimes have an absolute right to a jury trial
Civil - can choose to have their decision decided by a jury
Persons accused of crimes have an absolute right to a jury trial
Civil - can choose to have their decision decided by a jury
Jury SelectionJury Selection
Names are placed into a computer and when a jury panel is needed, jurors are selected by number at random
Jury lists are selected from voter registration and driver’s license lists
Names are placed into a computer and when a jury panel is needed, jurors are selected by number at random
Jury lists are selected from voter registration and driver’s license lists
Jury SystemJury System
Juror summonses are sent to ones whose names are drawn
95% of all jury trials in the world take place in the United States.
Serving - allows you to become better informed and a more responsible citizen, plus learn more about your courts and the law
Juror summonses are sent to ones whose names are drawn
95% of all jury trials in the world take place in the United States.
Serving - allows you to become better informed and a more responsible citizen, plus learn more about your courts and the law
Example of Summons LetterExample of Summons Letter
Legal Terms You Should Know
Plaintiff Person who initiates a legal action; the party who
complains or sues
Defendant A person being sued
Counterclaim A legal claim presented by a defendant in opposition to the
claim of a plaintiff. Counterclaims avoid duplicate lawsuits over claims by each party against the other. Everything is handled in a single lawsuit using a claim and counterclaim
Legal Terms You Should Know
Garnishment
A proceeding whereby property or money is applied to the debt owed by the defendant to the plaintiff (garnisher)
Garnishments may be against wages or bank accounts
Legal Terms You Should Know
Summons
An order directing a sheriff or other officer to notify named people that a legal action has been commenced against them and that they are required to appear within a certain time to answer the complaint.
Legal Terms You Should Know
Judgment The official decision of a court
determining the rights of the parties involved
Appeal A legal proceeding by which a party
seeks a higher court review of the action taken by a lower court.
Legal Terms You Should Know
Subpoena A court order to a witness ordering
him/her to appear and testify at a certain time and place
Service of Process The presentation of a summons to the
defendant in a legal action or in a subpoena
Legal Terms You Should Know
Judgment Creditor The party who wins collection suit and to
whom money is owed
Judgment Debtor The party who loses a collection lawsuit
and owes the money
Small Claims Court
What is Small Claims Court?
Informal procedure for people to settle small legal disagreements and collections without an attorney
Parties represent themselves
Attorney’s are not allowed - No jury
Each party will present their case to the District Magistrate Judge.
Can subpoena witnesses and present exhibits to help prove case
From the evidence provided by each party -Judge rules on the case
What is Small Claims Court?
Check with Clerk of the District Court Office
If you obtain judgment, Court is not responsible for collections.
Clerk of the District Court will provide written instructions and form packets to assist you in doing garnishments for wages and/or bank accounts or you may obtain the forms from the KS Judicial Council website
http://www.kscourts.org/dstcts/smallclaims.htm
The Basics
Used only for simple cases to recover money or property worth less than $4,000.
Over $4,000 no longer simple - consult an attorney
If Small Claims Court used - amount you seek is more than $4,000 - you must agree to a judgment of no more than $4,000.
What is Required to File a Case in Small Claims Court?
Restrictions• Who can file?
– 18 years, or be represented by someone who is 18 year or older
• Limits on size of suits– $4,000
• Limits on number of actions– No more than 10 cases in one year
• Cost of filing– Filing fee $500 or less - $49.00– $500.01 to $4,000 larger filing fee - $69.00
Restrictions• Information needed to file
– Filing fee
– Fill out a form - PETITION• showing your name and address• the name and address of the person being
sued• The amount of money or property you are
asking for and why you are asking for it
How Do I File A Claim?• Go to the small claims court division
of the clerk of your district court - where person being sued resides
• Filing Fee
• Petition - must be notarized or signed before the clerk
After the Claim is Filed• You will be notified of a hearing date
• Then a summons, along with your copy of your petition, will be served by the sheriff’s department on the person being sued.
• Can settle the case before the hearing - notify court so case can be dismissed
After the Claim is Filed• If defendant can not be located, you
should contact the court for a continuance to give you more time to find a good address for the defendant.
• Your responsibility - to supply address to where person can be found
Your Day in Court• Be ready to clearly explain your side of the
case• Bring evidence
– Papers– Photos– Documents– Materials you believe you need to prove or
support your case
• Either side may subpoena witnesses– Witness fee - for unwilling to appear
• Judge will make a decision after all the evidence is presented.
Counterclaim
• Files to offset what the plaintiff says is owed
• Heard at same time
• The judge may either make a decision immediately after hearing both sides or may continue the case on another date
Default Judgment
• If either party is properly served and does not show up for the hearing, the judge may declare the absent party in default and award a judgment to the other party.
Restrictions• Who can be sued in small claims
court?– Any person or business operating in
Kansas that you believes owes you money or property.
– Must reside in the county where the case is filed
– Can not sue the state, county, city or any other government agency in small claims court
Should You Appeal?
Either party has the right to appeal and get a new hearing from a new judge.
Appeals must be filed in District Court A jury may be used on appeal Loser has 10 days after the judgment to file
an appeal Clerk can instruct you how to file an appeal Appeals by those who lose - additional
costs if appeal is unsuccessful - consult an attorney
Collecting Your Money or Property
No guarantee you will collect your money Judge or Clerk not responsible for collection of money It is up to you to collect what is owed if you win. You may have to seek an attorney to collect debt. If you win - Judgment Creditor
The clerk of the district court will give the Judgment Creditor a “Judgment Debtor’s Statement of Assets” form.
Form is used to help collect - one can also file a petition to garnish wages or bank accounts
Losing party is required to pay within 15 days
Collecting Your Money or Property
Mail a copy of the Judgment Form or Journal Entry of Judgment and the blank form - Judgment Debtor’s Statement of Assets to the loser (judgment debtor)
File proof of mailing with the clerk of the district court Certified letter
The judgment debtor has 30 days to either pay the judgment or complete the form and return it to the clerk of the court, who will in turn send it to you, the judgment creditor.
Lawyer Advice Line
• $3.00 per minute fee– Billed to phone bill– Credit card
• 1-800-928-3111– Offer immediate legal advice
TrafficTraffic• Copy of ticket• Back of ticket - how much you owe• Fine doubled in construction and school zones• If no fine amount - call court prior to court date to find out
amount of fine• Contest ticket - call court by the date on bottom of your
ticket to have the matter set for trial• Court costs must be paid for each case filed
• Payable whether or not you appear in court• Diversion or any other plea negotiations contact the
county attorney’s office in county you received your ticket
• Copy of ticket• Back of ticket - how much you owe• Fine doubled in construction and school zones• If no fine amount - call court prior to court date to find out
amount of fine• Contest ticket - call court by the date on bottom of your
ticket to have the matter set for trial• Court costs must be paid for each case filed
• Payable whether or not you appear in court• Diversion or any other plea negotiations contact the
county attorney’s office in county you received your ticket
http://www.kansasjudicialcouncil.org/legal_forms.shtml
