TOPEKA POLICE DEPARTMENT

Number: LB 03-03

LEGAL BULLETIN

SUBJECT: PROSECUTION OF JUVENILES IN TOPEKA MUNICIPAL COURT

AMENDS:

STATUTE REFERENCES:

ISSUING AUTHORITY: John Knoll, City Attorney

DATE ISSUED: 17 October 2003

     Since October 17, 1997, it has been the policy of the City Attorney's Office that officers could cite juveniles in the Topeka Municipal Court for violations of the Topeka City Code if there was no comparable state law provision prohibiting the same or substantially similar conduct. That policy was based on Kansas Attorney General Opinion 97-31 and Kansas Attorney General Opinion 97-77.

    In a few recent cases, Topeka Municipal Court Judges held they would no longer follow these opinions of the Kansas Attorney General. In the absence of any published cases to the contrary, this means that juveniles may only be prosecuted in the Topeka Municipal Court for "traffic offenses" as that term is defined in K.S.A. 8-2117(d). That statute states:

(d) As used in this section, 'traffic offense' means a violation of the uniform act regulating traffic on highways and a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated. Traffic offenses shall include a violation of a city ordinance or county resolution which prohibits acts which would constitute a violation of the uniform act regulating traffic on highways or a violation of articles 1 and 2 of chapter 8 of the Kansas Statutes Annotated, and any violation of a city ordinance or county resolution which prohibits acts which are not violations of state laws and which relate to the regulation of traffic on the roads, highways or streets or the operation of self-propelled or non-self-propelled vehicles of any kind.

    Accordingly, do not cite or arrest those under 18 years of age for any city criminal code or other city code violation other than Chapter 142 violations. Additionally, do not cite those under 18 for no proof of liability insurance unless they are involved in an accident as detailed in Legal Bulletin 98-2. Non-traffic offenses committed by persons under 18 years of age should be treated as Child in Need of Care or Juvenile Offender cases and forwarded to the District Attorney's Office for prosecution.

    Please advise if you have any questions about this Bulletin.