Memorandum
City of Lawrence
Legal Department
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TO: |
David L. Corliss, City Manager
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FROM: |
Toni R. Wheeler, Director of the Legal Department Vicki Stanwix, Municipal Court Manager
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Re: |
Ordinance No. 8643 - Increasing Municipal Court Costs |
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Date: |
July 13, 2011 |
Please place Ordinance No. 8643 increasing court costs in Municipal Court on the City Commission’s agenda for consideration.
Background Information: Court costs are fees assessed on all criminal and traffic cases in the City of Lawrence and are governed by City ordinance and state statute. The current amount charged for court costs in Lawrence is $53.00, of which $32.50 is deposited with the City, and $20.50 goes to the State of Kansas, as mandated by state law. The state uses the court costs it collects from municipalities for training law enforcement and judges.
The City’s portion of court costs has not been increased since September 1, 2004, when court costs were raised by $10 to $32.50. The additional $10 is deposited in a City equipment reserve fund. The equipment reserve fund is used for the purchase of equipment and software for court including the Municipal Court and Prosecutors’ Office case management systems and electronic ticketing software and equipment. The equipment reserve fund has also been used to acquire equipment for the Lawrence Police Department. A breakdown of the court costs is as follows:
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City Court Costs |
City General fund |
$22.50 |
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Reserve Fund |
City Equipment Reserve Fund |
$10.00 |
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Law Enforcement Training Fund |
State of Kansas |
$20.00 |
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Judges’ Training Fund |
State of Kansas |
$0.50 |
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TOTAL COURT COSTS |
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$53.00 |
In 2010, the City collected $697,422 in court costs. It remitted $246,035 to the State of Kansas in accordance with state law; $318,284 was deposited in the general fund, and $133,103 was placed in the City’s equipment reserve fund.
Staff researched fines and costs in surrounding cities. The City desires to have its fines and court costs to be in line with other Kansas communities.
Tables reflecting fine and court cost totals for several cities are shown below:
1 Yates Center $100.00 2 Douglas Co. District Court $ 93.50 3 Winfield $ 93.50 4 Manhattan $ 79.00 5 Topeka $ 72.00 6 Ft. Scott $ 71.50 7 Lawrence $ 53.00 8 Olathe $ 29.00 9 Overland Park $ 21.00 1 Overland Park $100.00 2 Olathe $ 96.00 3 Lawrence $ 80.00 4 Douglas Co. District Court $ 75.00 5 Winfield $ 75.00 6 Topeka $ 70.00 7 Yates
Center $ 70.00 8 Manhattan $ 60.00 9 Ft.
Scott $ 40.00
Traffic
Fines Court
Costs
Average Traffic Fine: $74.00 Average Court Costs: $68.00
The charts above reflect that Lawrence is slightly above average for traffic fines, but below average for court costs. The average cost of a ticket in Lawrence (fine and costs) is $133.00, while the average cost of a ticket in surrounding cities is $142.00.
Staff recommends increasing the City’s portion of the court costs by $7.00 to $39.50, making the total court costs $60.00. This action will bring the total cost of a ticket in Lawrence to $140.00 which is closer to the average found in the cities surveyed. Revenue from a $7.00 increase in court costs is estimated to be approximately $5,000.00 per month, or $60,000 annually. The effective date of the ordinance is September 1, 2011.
This increased revenue will provide a funding source for an enhanced software system for municipal court. Full Court Enterprise, a product of Justice Systems, Inc., (our current software system provider) is a browser based software system that Kansas courts are transitioning to. The new system will enhance courtroom processing, perform electronic importing of payment information, assist with payment processing for defendants paying multiple cases with one payment, and adds imaging capabilities within the court system. These features will increase efficiency in municipal court operations. The transition to Full Court Enterprise is important for our court because Justice Systems Inc. will no longer design or develop enhancements and upgrades for our current case management software program. Annual maintenance fees for the current system are also projected to increase significantly as Justice Systems, Inc. shifts its resources to the Full Court Enterprise system. It is estimated that the cost of Full Court Enterprise with an imaging module, staff training, and the first year of the software maintenance will total approximately $65,000.00. Revenue from the increased court costs in future years will be deposited in the City’s general fund.
Action Requested: Adopt on first reading, Ordinance No. 8643 increasing court costs in Municipal Court, if appropriate.