City of Topeka | Municipal Court: Rules of Practice & Procedure

Rule 6: Appearance Bonds
6.1 Any person arrested while operating or attempting to operate a motor vehicle while
under the influence of alcohol or drugs must be held by the Shawnee County
Department of Corrections up to a maximum of six (6) hours (unless a responsible
bonding party/agent receives a DUI release form from the Topeka Police
Department) from the time of such offense before being eligible for bond to allow
such individual sufficient time to become sober enough not to be a danger to himself
or others and to be capable of understanding the obligations he or she has to the
Court upon release from custody upon such charge.

6.2 Any person charged with any violation under the domestic battery and/or domestic
violence ordinances released pursuant to any appearance bond by the Shawnee
County Department of Corrections or by the Municipal Court must have included in
the conditions of any appearance bond for his or her release a specific provision
advising the accused to have no contact with the alleged victim(s) in such case.

6.3 Except as otherwise provided in these Rules, and in addition to the provisions of
Topeka City Code 50-66, the following procedures shall apply to the release of a
person upon his own recognizance charged with a violation of a municipal ordinance:
An accused person shall be allowed to be released upon his own recognizance,
except:

When serving a sentence;
When there is an outstanding Warrant;
When the accused has previously failed to meet the specific obligations of a bail
or bond set by a Municipal Court Judge;
The accused has been returned to the custody of the Shawnee County
Department of Corrections on a “bond recall” by a surety financially responsible
on a previously set bond in order to be relieved of such obligation by the Court;
Upon a bond amount being set by the Municipal Court Judge;
The accused has insufficient identification to confirm his/her identity and
address.

6.4 Instructions to the Shawnee County Department of Corrections pertaining to the
release of a prisoner serving a sentence or otherwise in custody pursuant to any
Municipal Court warrant or bail set will be designated upon an order or custody
document signed by a Municipal Court Judge and issued by the Judge directly to the
facility.

6.5 In the event it is necessary for the defendant to post an appearance bond, the
provisions of City Code Sections 50-64, 50-66 and 50-67 shall be followed. In setting, modifying, or revoking bonds the Court shall consider the aforementioned ordinances and may consider the factors and guidelines found in K.S.A. Chapter 22, Article. 28, particularly the provisions of K.S.A. 22-2802(5).

6.6 A cash bond may be returned to and collected by the principal at the discretion of a
Municipal Court judge. The Court may order that the amount of any outstanding
fines, costs and restitution owed by the defendant be deducted from the cash bond
by the Clerk of the Municipal Court prior to returning the balance of such cash bond
to the principal. If the case is appealed, then the cash bond cannot be returned until final disposition of the case in District Court, except by the specific approval of a Municipal Court Judge upon proof of proper identification and the cash bond receipt. The cash bond will be forfeited if the defendant fails to appear in Court as directed, and a bench warrant for such defendant’s arrest will be issued.

6.7 Whenever any bond is permitted or required to be taken without being approved by
the Court, it shall be sufficient if the surety thereon is a surety company currently
admitted to do business within the State of Kansas. No corporation other than a
surety company may be accepted as a surety unless so ordered and approved by
the Administrative Judge. No attorney may act as a surety on a bond in any case in
which the attorney is counsel. The principal on any bond may at his option, in lieu of
providing a surety, deposit with the Clerk of the Municipal Court money in the full
amount of the bond. The Clerk shall retain the deposit until the bond is fully
discharged and released or the Court orders the disposition of the deposit.

Steve Eberts: Administrative Judge | Download a complete copy of all rules here.