CHARTER ORDINANCE NO. 37

A CHARTER ORDINANCE RELATING TO TRIAL PROCEEDINGS IN MUNICIPAL COURT FOR THE CITY OF LAWRENCE, KANSAS AND EXEMPTING SAID CITY FROM THE PROVISIONS OF SECTIONS 12-4501 OF KANSAS STATUTES ANNOTATED, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

SECTION I.   The City of Lawrence, Kansas by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to exempt itself and make inapplicable to it Section 12-4501 of the Kansas Statutes Annotated and amendments thereto.  K.S.A. 12-4501 applies to the City of Lawrence, Kansas but does not apply uniformly to all cities in the State of Kansas.

SECTION II.  Pursuant to Article 12, Section 5 of the Constitution of the State of Kansas, the governing body hereby adopts the following language as substitute provisions for K.S.A. 12-4501:

Plea of not guilty; trial; time; continuance. An accused person entering a plea of not guilty, or for whom the court entered a plea of not guilty, shall be tried on the earliest practical day set by the court, unless trial is continued for good cause: Provided, That an accused person in custody shall be tried on the earliest day that the municipal court convenes, unless trial is continued upon motion of either party, or at the discretion of the court, and for good cause.

SECTION III. This Charter Ordinance shall be published once each week for two consecutive weeks in the Official City Newspaper.

SECTION IV. This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the Ordinance as provided in Article 12, Section 5, Subdivision (c), (3). of the Constitution of Kansas, in which case the Ordinance shall become effective if approved by a majority of the electors voting thereon.

Adopted by the governing body of the City of Lawrence, Kansas, not less than two-thirds of the members-elect voting in favor thereof, the ___________ day of June, 2004.

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                                                                        Mike Rundle, Mayor

ATTEST:

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Frank S. Reeb, City Clerk