The following article submitted by Randy McGrath, Municipal Court Judge for the City of Lawrence first appeared in the February 2010 Edition of the Douglas County Law Library E-Newsletter.

How to Avoid Common Mistakes in Municipal Court

The following suggestions may help some of you who practice in Lawrence Municipal Court. They are the most common errors I have seen the past few years. I gave a similar talk to the defense bar two years ago but the issues are still relevant, particularly the part in section III about retained attorneys getting their clients arrested.

I. Know where the courthouse is located

Too many lawyers are filing pleadings for Lawrence Municipal Court by mailing/faxing them to the district court building. Municipal Court is located at 1006 New Hampshire, Lawrence, KS 66044. Fax number is 832-6199.

II. Proof read pleadings

Caption should be “City of Lawrence vs. Defendant” and not State of Kansas. I see many pleadings with the district court caption and signature line for district judge. If you use a district court form, at least modify it for the correct court.

III. Get yourself a calendar, schedule the court date, and show up

Some lawyers get their clients arrested by getting a court date or continuance, and then nobody shows up. So, if you are to have that diversion agreement filed by that date, get it done or show up. If you get the continuance, calendar it and make sure your client knows the date. “My office staff didn‘t get it on my calendar” is not a good excuse, and does not inspire confidence in counsel. Make sure you and your client have it on the calendar to avoid a bond forfeiture and warrant. I have seen more defendants who have hired counsel get arrested and lose a substantial cash bond in the past few years than at any time during my tenure here.

Sometimes, the client/defendant and the attorney will state that the defendant was unaware of the continued court date obtained by counsel. Rule 1.4 of the Kansas Rules of Professional Conduct relating to keeping the client informed about the status of the case comes to mind.

IV. Make your comments about sentencing before the defendant is sentenced, not after

If you and your client are asking for work release, or house arrest, or community service work, or your client is having a heart transplant the following week, or whatever, mention it prior to sentencing, instead of waiting until the journal entry is about to be signed and jail time scheduled. So, when the judge asks if there is anything the defendant or counsel would like to say before sentencing, speak up.

V. Know the minimum penalties under the ordinance

For DUI cases, the minimum 48-hour jail sentence must be consecutive, as must the minimum 5-day sentence for a DUI 2nd offense. I cringe when I hear an attorney request, on a DUI 2nd sentencing, “Can my client do his five days on weekends?” Also on a DUI 2nd, the judge must order impoundment of any vehicle leased or owned by the defendant or order an ignition interlock device for a period of two years. I order the ignition interlock device instead of impoundment. The DUI ordinance, Standard Traffic Ordinance Section 30, mirrors the state statute of K.S.A. 8-1567.

Some of you may not be aware that as of July 24, 2007, a city ordinance assesses a jail fee of $52.00 per day (unless the defendant is in district court custody also, in which case the city is not billed).

VI. Prepare your client on mandatory jail time cases to know what date he will report to jail.

The defendant can schedule jail time in a reasonable period of time at sentencing, assuming he is not already in custody. So, on the DUI, or DWS (driving while suspended) 2nd offense where there is mandatory jail time, make sure the defendant knows his work, family, school schedule so the jail time can be scheduled. There should not be a deer in the headlights look when the defendant is told to schedule the jail time on these mandatory jail cases.

Hopefully, these rudimentary guidelines will be helpful. If you have any questions, my e-mail address is rmcgrath@ci.lawrence.ks.us.