Resolution No. 04-13-20 A
A RESOLUTION OF THE CITY OF OSWEGO, KANSAS CLOSING MUNICIPAL COURT; AND RATIFYING PREVIOUS DECISIONS REGARDING THE COVID-19 EMERGENCY.
WHEREAS, COVID-19, a respiratory disease that spreads easily from person to person and may result in serious illness or death has been confirmed in Kansas; and
WHEREAS, a State of Disaster Emergency was proclaimed by the Governor for the State of Kansas in its entirety on March 12, 2020; and
WHEREAS, the President of the United States declared a national emergency on March 13, 2020 regarding the COVID-19 pandemic; and
WHEREAS, the health, safety, and welfare of persons within the City of Oswego, Kansas are of critical importance and have been endangered by the threat and spread of COVID-19; and
WHEREAS, the Kansas Supreme Court issued Administrative Order 2020-PR-03 l on April 3, 2020 suspending state statutory speedy trial provisions in any municipal court within the State that has been closed by its governing body.
WHEREAS, the Governing Body of the City of Oswego, Kansas, in response to the COVID-19 pandemic desires to protect the public health, safety, and welfare by closing the municipal court.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OSWEGO, KANSAS:
Section 1. The municipal court of Oswego, Kansas is closed except for essential services as may be declared by the Kansas Supreme Court from time to time and as currently declared in Kansas Supreme Court Administrative Order 2020-PR-031 and 2020-PR-032 which include but are not limited to:
- In a case in which the defendant is held in custody;
- Determinations of probable cause for persons arrested without a warrant; Conducting first appearances;
- Setting appearance bonds; conditions of release pending trial; and
- Issuing warrants.
Section 2. The Governing Body hereby ratifies the emergency decisions made by the municipal court judge in response to COVID-19 prior to the date of this Resolution.
Section 3. This resolution shall take effect and be in force immediately upon its adoption and shall remain in effect until future action is taken by the Governing Body or the Kansas Supreme Court makes further order through its Chief Justice in regard to Administrative Order 2020-PR-031.
ADOPTED this 13th day of April 2020 and SIGNED by the Mayor.
Daniel J. Chapman, Mayor
Carol J. Eddington, City Clerk