Municipal Court

Court Process

This information should not be construed as providing legal advice. If you have any questions or concerns, please consult with an attorney. Rose Hill court clerks, prosecutors or the judge cannot give you legal advice. At Rose Hill Municipal Court, all people and their property will pass through a metal detector before entering the courtroom. No weapons of any kind are allowed in the courtroom. All knives, razors, chemical sprays, and weapons will be seized.

• Paying Fines & Fees

  If your violation has a specified fine amount, you can choose to pay fines and fees prior to your court date. If any violation charged on your traffic ticket specifies “Court,” or “MAC,”, you must appear in court for arraignment on your Notice to Appear date.

  Pay your ticket in person or by mail

  Pay Court Fees Online

  You may send a personal check or money order made payable to the City of Rose Hill for the total due for fines plus court costs to:

  Rose Hill Municipal Court
  PO Box 185
  Rose Hill, KS 67133

  You may also leave payment in the 24-hour drop box located in the brick area on the city side of the Rose Hill City Hall.

• Arriving To Court

  Rose Hill Municipal Court is located at 125 W Rosewood, Rose Hill City Hall.

  When coming to court, be sure to bring all of the information that pertains to your court case with you. This may include proof of insurance, a valid driver’s license, proof of restitution, proof of completing a class, a drug / alcohol evaluation, or other information.

  Please view the TV screen in the rotunda upon entry into the courthouse for first appearance arraignment.

• Arraignment

  At arraignment, you will appear in court and enter a plea for your charged violations. You can enter a plea of:

  • Guilty – You admit to having committed the act charged. The judge will order a fine, jail time or other sentence.
  • No Contest – You do not contest the city’s charge. The judge will enter a verdict of guilty and order a fine, jail time or other sentence. A plea of no contest is not an admission of fault and cannot be used against you in a civil proceeding.
  • Not Guilty – You deny guilt, which means the city must prove our charge. Your case will be set for trial or a pre-trial conference with the city prosecutor to see what options are available to you.

• Right To An Attorney

  You have the right to be represented by an attorney in all cases at Rose Hill Municipal Court. If you are charged with an offense that may result in jail time, you must decide whether to proceed with or without an attorney. If you would like an attorney but cannot afford one, the court will appoint an attorney to represent you.

  We cannot advise or represent private citizens or entities. If you are seeking personal legal advice, please contact a private attorney. You can use the following resources to find an attorney:

  • Kansas Bar Association Lawyer Referral Service, 800.928.3111 https://www.ksbar.org/page/lrs_public
  • Kansas Legal Services, 800.675.5860 https://www.kansaslegalservices.org/

• Entry of Appearance

  If you would like your attorney to appear in court on your behalf, they must file an entry of appearance. We require entries of appearance to be submitted in writing to eblue@cityofrosehill.com, or faxed to 316-776-0262. The entry must contain the attorney’s Kansas Bar Number.

• Diversion

  If you are accused of a crime, our diversion program allows you to possibly avoid a conviction. In diversion, you enter into a contract to comply with certain conditions. Infraction citations are exempt.

  HOW TO APPLY

  If you have been charged with a violation (including one involving alcohol or drugs) please ask to speak to the prosecutor at the time of your court hearing.

  If it is an alcohol or drug violation, you will also need to get an evaluation through a certified ADSAP agency and have the evaluation available to the prosecutor before you appear on your court date.

  Click here for a list of providers for the Wichita area.

• Trial

  Under Kansas law, you can be brought to trial only after a complaint or traffic citation has been filed with the court. In a trial, the burden of proof is on the city to prove that you are guilty of the charges outlined in the complaint or citation. You have the right to be represented by an attorney or you may act as your own attorney.

  This information should not be construed as providing legal advice. If you have any questions or concerns, please consult with an attorney. Rose Hill court clerks, prosecutors or the judge cannot give you legal advice.

  Under Kansas law, you can be brought to trial only after a complaint or traffic citation has been filed with the court. In a trial, the burden of proof is on the city to prove you are guilty of the charges outlined in the complaint or citation.

  You have the right to be represented by an attorney or you may appear act as your own attorney.

  Guide to Representing Yourself in Court

  Jury trials are not held at the Municipal Court level. A judge will hear all testimony, reach a verdict and impose a sentence.

  YOUR RIGHT TO APPEAL

  If you have been found guilty of violating a city ordinance, you may appeal the decision to the District Court of Butler County, Kansas in El Dorado for a new trial on the original complaint. Your case will be tried to a judge (or, in some cases, you may request a jury trial of six people). If you are convicted on appeal, the District Court judge may assess penalties less than, equal to, or greater than those imposed by Rose Hill Municipal Court.

  In order to appeal, you must properly file a Notice of Appeal, serve a copy on the City Attorney and post the required appearance bond with the Rose Hill Municipal court clerks within 14 days from the date of the judgment (see K.S.A. 22-3609 and K.S.A. 22-3610).

  Your appearance bond receipt gives you the date, time and place of your first appearance in the Butler County District Court. If you fail to appear at that time or at any time during the course of your appeal, your bond will be forfeited, your appeal will be dismissed, and the case will be returned to the Rose Hill Municipal Court for execution on the fine and/or sentence initially

• Subpoena

  You have the right to subpoena witnesses to ensure their appearance at a trial by asking the court clerk 14 days prior to your trial date to send subpoenas. Please have names, and current addresses available.

  Court Clerk

  Erica Blue

  Email: eblue@cityofrosehill.com

Court Forms and Documents

• Community Service

  Use this form only if you are a defendant who has appeared in court and made arrangements with the judge to perform community service in lieu of court fines only. You must submit this log to the court clerk for verification once complete.  Submit to kmetcalf@cityofrosehill.com or fax 316-776-0260. Community Service list is not exhaustive as community service may be performed at any non-profit at which you are not being paid in the City of Rose Hill.

• Pro Se Discovery request

  Use the pro se discovery form only if you are a defendant who has been charged with an offense in Rose Hill Municipal Court and wish to obtain police reports or other materials related to your pending case.

• Open Records Request Form

  If you would like to request a closed court-related public record, please complete this form and file it with the court clerk’s office by mail, email, fax or in-person:

  Rose Hill Municipal Court
  125 W Rosewood, PO Box 185
  Rose Hill, KS 67133

  eblue@cityofrosehill.com
  Fax: 316-776-0260

• Petition For Expungement

  You have the right to have your conviction or arrest removed from your criminal record after a certain number of years, as dictated by K.S.A. 12-4516. Please file a completed petition for expungement, along with the non-refundable $75 filing fee, with the Rose Hill Municipal Court. Please clerk the link for Rose Hill’s Petition form.

• Public Defender Application

  You have the right to have an attorney represent you.  If you are unable to afford to hire an attorney, you MAY qualify for court-appointed counsel if (1) you are charged with an offense for which the court would impose a jail sentence if convicted; AND (2) you are found to be indigent.  If you are charged with an offense for which the court would impose a jail sentence if convicted, you may review the United States poverty guidelines at https://aspe.hhs.gov/poverty-guidelines to determine if you would be found indigent.  If you believe you are indigent and would qualify for court-appointed counsel, please talk to judge at your next court date.

• Diversion

  If you are accused of a crime, our diversion program allows you to possibly avoid a conviction. In diversion, you enter into a contract to comply with certain conditions.

  If you successfully complete all of the conditions of your diversion program, your charges will be dismissed.

  If you have been charged with a violation (including one involving alcohol or drugs) please complete the diversion information packet and application and bring the completed application with you to court.

  If it is an alcohol or drug violation, you will also need to get an evaluation through a certified ADSAP agency and have the evaluation available to the prosecutor before you appear on your court date. Click here for a list of providers for the Wichita area.

• Treatment Provider List

  Agency information for providers in Wichita, KS

FAQ

• How long do convictions remain on a driving record?

  Convictions for minor offenses (i.e., speeding) remain on the driving record for 3-years. Convictions for major offenses (i.e., driving while suspended) remain on the driving record for 5-years. Convictions for DUI, and DUI diversions, remain on the driving record for the lifetime of the driver

• Can a driver pay a driver’s license reinstatement fee on-line?

  Yes, a customer may pay the driver’s license reinstatement fee on-line if suspended due to an insurance matter. Driver’s License reinstatement payments will be accepted through Kan-Pay Service Express and forwarded to the Division of Vehicles, Driver Solutions Bureau for processing. Payment is accepted by all major credit cards and by e-check. The customer will be charged a non-refundable convenience fee for use of this service. Again, this payment service is only for the payment of insurance related reinstatements. A customer may not pay for traffic tickets, motor vehicle records or alcohol related reinstatements through KanPay Service Express

• Can a driver get a hardship driver’s license?

  Kansas laws do not allow the issuance of a hardship license that would allow a person to drive during the length of their suspension, revocation, cancellation or disqualification period.

• Where can a driver get an ignition interlock device installed on a vehicle(s)?

  Only approved ignition interlock devices can be installed. To see a list of those approved for installation in Kansas click here. When the driver receives an ignition interlock restriction notice, they take that letter to the service provider when ready to have the device installed on the vehicle. If the driver does not have an ignition interlock restriction notice, the must submit a request to Driver Solutions Bureau, P.O. Box 12021, Topeka, KS 66612-2021 to get approval to have an ignition interlock device installed.

• Are there any exceptions to one's driving privileges when that person is restricted to only operating a motor vehicle with an ignition interlock device?

  Yes; a person who is restricted to operating only a vehicle with an ignition interlock device may operate an employer’s vehicle without an ignition interlock device during normal business hours, provided that the person does not partly or entirely own or control the employer’s vehicle or business. (K.S.A. 8-1014(h) applies).

• Can Driver Solutions take action on an insurance matter even if the court dismisses the charge of No Insurance?

  Yes. Driver Solutions will attempt to verify insurance when an Insurance Verification Form (DC-66) is received. If the insurance company cannot verify coverage, Driver Solutions will notify the driver to furnish evidence of insurance. This is an administrative action and is not impacted by the status of the no insurance ticket.