COURT DIFFERENCES FACTOR INTO MARIJUANA ORDINANCE

Plan Would Put Pot Cases In Municipal System

It's like the difference between a four-course meal and a stop at
McDonald's for a cheeseburger.

At Douglas County's District Court, the prosecution of a misdemeanor crime
can drag on for months or years. A half-block down New Hampshire Street at
municipal court, however, the cases are often disposed of in a single court
appearance or two appearances -- the judicial equivalent of a trip through
the drive-through.

"We're kind of set up for mass production, I guess," city prosecutor Jerry
Little said.

The difference between the two courts is a key issue in a local group's
effort to get the city commission to pass a marijuana ordinance. The group,
Drug Policy Forum of Kansas, is asking city commissioners to send
first-time marijuana possession and drug-paraphernalia cases into city
court, saying it would save taxpayer dollars.

So far, the most vocal opposition to the idea has come from a White House
spokesman, who said it's wrong to view marijuana cases as a waste of
prosecutors' resources.

The city commission is expected to discuss the idea for the first time at
its meeting Tuesday. Here's a look at some of the key differences between
how the two courts work:

Fewer Hours On Cases

In District Court, it's virtually impossible to resolve your case on your
first court appearance.

In a recent marijuana-possession case involving a Kansas University
student, the student was caught with marijuana in January 2002 and not
charged until October 2003, when lab tests were returned from the Kansas
Bureau of Investigation.

He was ordered to appear in court on November 7, 2003, for a first
appearance, where a judge assigned his case to one of the District Court's
six divisions. After the first appearance, the man was booked into jail and
released on bond.

He was ordered to appear again on Dec. 11, 2003. Before the court date, he
reached a diversion agreement with prosecutors, who agreed to dismiss the
case if he stayed out of trouble for a year.

City prosecutor Little said that if the cases are sent to municipal court,
the person likely would be given a ticket at the scene when caught with
marijuana. The ticket would order the person to appear in municipal court
before Judge Randy McGrath, probably about two weeks later.

"I automatically enter a not-guilty plea for everyone and give them a trial
date," McGrath said, explaining how he handles misdemeanor cases now.
"However, if they want to waive their right to counsel and a trial, they
can go down the hall and talk to the prosecutor's office about a plea
agreement ... We can take care of their plea that day if they want to."

Different Trial Procedures

A jury trial in District Court usually takes at least a day because of the
time required to pick a jury, Dist. Atty. Charles Branson said. But there
are no jury trials in municipal court, so a trial can be finished in a
matter of hours.

If a person loses a trial in municipal court, he or she can appeal to
District Court for a jury trial, McGrath said.

Different Personnel

A major difference is that municipal court is not a "court of record,"
which means it doesn't have a court reporter taking down every word when
court is in session.

On average, the court reporters in District Court's six divisions earn $40,872.

Judges in District Court earn $104,522 per year, while the municipal court
judge earns about $79,100.

Different Kinds Of Cases

Municipal court handles only lower-level offenses, such as traffic
violations, city-code infractions, first- and second-time DUIs, and
misdemeanors such as battery or being a minor in possession of alcohol.

District Court handles felony cases, domestic relations, civil lawsuits and
estates, to name a few. It also handles minor traffic cases that happen
outside the city limits.