Posted on 03/16/2017 10:09:18 PM PDT by kathsua
In a city with enlightened leaders, people might commend Rocky and Lisa Cole for finding a way to get by without city water or a top heating system. Unfortunately for the Coles, they live in Fort Hutchinson where government bureaucrats try to force rigid adherence to the city's military like regulations.
Hutchinson's hypocritical officials want everyone to obey their regulations, but don't think they need to obey the constitutional provisions defining the judicial power. Hutchinson's municipal court violates both the state and federal constitutions.
It doesn't have the constitutional authority to legally fine people, take property or place people in jail, but does so anyway. The Kansas Constitution assigns the judicial power to courts under the administrative control of the Kansas Supreme Court. Cities have no authority to operate separate court systems under the control of city governments.
Cities can only exercise governmental powers as an agency of the state of Kansas because the U.S. Constitution only allows state and federal government agencies to exercise governmental powers.
Allowing the city manager who is the boss of the police department to be the boss of the municipal court judge violates the due process clause of the 14th Amendment because the courts must be independent of law enforcement to insure the opportunity for a fair trial. Using fines and court costs imposed on defendants to fund the court gives the court a vested interest in finding people guilty.
An ambitious attorney might be able to put together a class action law suit on behalf of those illegally fined or jailed by the municipal court.
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