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CITY OF DODGE CITY v. RABE6/15/1990
n arraigned in the municipal court), that the city has a statutory duty to certify the appeal to the district court, and, finally, that if the appeal is docketed within the time set by statute, the time limitation commences to run from the date the appeal is docketed. If not docketed, the time limitation commences to run from the date the appeal should have been docketed.
This analysis of Fricke, however, is confusing by reason of the court's two references to what triggers the time limit. The court first discussed an amended complaint and said that the time limitation commences to run on an amended complaint from the date of arraignment on that complaint. 226 Kan. at 500. As noted above, the court held the time period is triggered by docketing the appeal and, then (in the same paragraph), the court held that the triggering event is the filing of a complaint. We are unsure whether the Supreme Court meant its reference to the complaint to apply to amended complaints or that the time can be triggered either by docketing an appeal or filing a complaint.
The case of City of Garnett v. Zwiener, 229 Kan. 507, was also decided prior to statutory changes in the appeal procedure, which permitted notices of appeal and appearance bonds to be filed in the district court. In Zwiener, the municipal judge and the clerk failed to certify the complaints, warrants, and appearance bonds within the 10-day period required by K.S.A. 22-3609(2). The opinion does not state how much in excess of 10 days the papers were certified to the district court. The Supreme Court held the requirement to certify the complaint, warrant, and appearance bond within 10 days of the notice of appeal is directory and not mandatory (jurisdictional) and, thus, the city could correct the error, provided the delay did not infringe on the defendant's right to a speedy trial. 229 Kan. at 510. The court held that the time limitations on speedy trials "commence to run from the date the appeal is docketed in the district court or at the expiration of the time the appeal should have been docketed under the time schedule set forth in" the statute governing appeals from a municipal court (K.S.A. 22-3609), whichever
comes first. 229 Kan. at 510. The case was then remanded to the trial court for further proceedings.
In Zwiener, the Supreme Court also said:
"Under K.S.A. 1980 Supp. 22-3609 governing appeals from municipal courts>, once a proper notice of appeal has been filed, the failure of the judge whose judgment is appealed from, or the clerk of such court, to certify the complaint, warrant and appearance bond to the district court on or before the next court day will not defeat a review proceeding." 229 Kan. at 510. This paragraph lends support to Rabe's position in that the court seems to hold that, once an accused does what the statute requires, the time limit for a speedy trial commences.
In City of Elkhart v. Bollacker, 243 Kan. 543, the district court dismissed an appeal from a municipal court because the defendant was not brought to trial within 180 days from the date of certification and filing of the municipal court transcript in the district court. Bollacker did not file an appearance bond.
The Supreme Court in Bollacker held that in an appeal from a municipal court, whether bond is required or whether the accused is simply served with a notice to appear and is thus required to appear without posting a bond, the speedy trial statute applies. 243 Kan. at 546. In affirming the trial court's dismissal of the case, the Supreme Court reaffirmed that an accused is not required to take affirmative action to see that his or her right to a speedy trial is observe
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