Everything You Need To Know About Olathe Municipal Court

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Olathe is the fourth largest city in the State of Kansas and the county seat of Johnson County. Olathe has a diverse makeup of both densely populated areas and farm country. The city of Olathe has a thriving economy with many large companies calling it home. The city of Olathe covers a large geographic area and is bordered by Lenexa to the north, Overland Park to the east, Desoto to the northwest and Gardner to the south.

There are two courthouses in Olathe, the Johnson County District Court in downtown Olathe and the Olathe Municipal Court just south of downtown Olathe off old 56 highway. The Olathe Municipal Court will hear all cases that occur inside the city limits of Olathe if there is an allegation that a city ordinance was violated. City ordinance violations commonly charged in the municipal court include marijuana possession, theft, driving while intoxicated, driving on a suspended license, criminal trespass, criminal damage, and minor in possession. There is also a moderate size docket of other “code” violations. Code violations generally have to do with the maintenance and upkeep of Olathe residence’s homes and businesses.

Olathe has a small community of bars and restaurants that serve alcohol which tends to produce a fair number of DUI cases in the municipal court. Olathe also has several big box retail stores which tend to attract a fair number of misdemeanor theft cases. Lastly, Olathe downtown has a very active parking monitor that generates a moderate amount of parking tickets in the municipal court.

Courthouse
Olathe’s municipal court is located a few miles directly south of downtown Olathe. The court is adjoined to the Olathe Police Department. The courthouse is essentially on the corner of Harrison and old 56. The courthouse consists of two courtrooms that depending on the day and time can both be in use. Both courtrooms have ample seating for the public and both courtrooms are equipped with multimedia equipment for viewing evidence. The judge has a link to the various detention facilities so she can conduct video court and video arraignments for people that are in custody.

The address of the Olathe Municipal Court is:
1200 S. Harrison
Olathe, KS 66061

Court Personnel
Judge: Olathe has two primary judges that hear cases in the municipal court. Olathe also has several pro-tem judges that are available if the two primary judges are unavailable. All cases that are brought in the municipal court are heard by a judge only, the court does not have the ability to have cases heard in front of a jury.

The Judges in Olathe are:

• Judge Katie McElhinney (Presiding)
• Judge Jill Kenney

Prosecutor: The division of the Olathe City Attorney’s office that prosecutes crimes that occur in the city is known as the city prosecutor’s office. The city prosecutor’s office is housed in the Olathe Municipal Court on the north side of the courthouse. The city prosecutor’s office is tasked with both making charging decisions and prosecuting alleged criminal acts that occur in Olathe. City prosecutors continue to prosecute the case if appealed to the District Court. Olathe currently has four full-time prosecutors.

The Chief Prosecutor in Olathe is:

• Sue Dickey

Court Clerk: The administrative aspect of the Olathe Municipal Court is assigned to the court clerk’s office. The court clerk’s office makes up a large part of the south side of the courthouse. The court clerk’s office keeps the court’s schedule, accepts monies on behalf of the court, maintains files and performs many other essential functions for the court. There are about a dozen assistant court clerks employed by the court clerk’s office.

The Court Administrator in Olathe is:

• Jane Clark

Appealing From The Olathe Municipal Court
The Olathe Municipal Court is a court of limited jurisdiction and limited means and does not have the ability to provide a defendant with all the protections afforded by some constitutional rights. Therefore, the decision of the Olathe Municipal Court is not the final decision on any given case. If a defendant is not satisfied with the decision of the court, the defendant may appeal and ask for a new decision. The defendant has a right to appeal the municipal court’s decision so long it is done in a timely manner. The defendant may appeal so long as they do so within 14 days of sentencing in a municipal court. To begin this process, you must file a notice of appeal with the municipal court and pay an amount of money to secure your appeal this amount of money is called an appeal bond. The appeal bond is determined by the municipal court judge and varies on a case by case basis.

Example of a Notice to Appeal

Obtaining Discovery On An Olathe Case
If you are accused of violating an Olathe ordinance you are entitled to receive discovery in the matter. You are afforded the same constitutional protections as depicted in the Brady vs. Maryland when it comes to discovery. You are allowed to view all evidence that the city intends to use against you at trial as well as all evidence the city has or can reasonably obtain that tends to prove you did not violate the ordinance as well. In other words, you get to see everything. Like most municipal courts, Olathe has a specific process that a defendant must go through to receive discovery. You can request discovery by going to the Olathe city prosecutor’s office and filling out a form. There is a small fee to produce the evidence in any given case and you pay the fee directly to the court clerk. The court clerk will give you a receipt and you provide the prosecutor’s office a copy of the receipt to receive discovery.

Example of an Olathe Discovery Request Form

Olathe Specific Information
Every municipal court has their own quirks when it comes to certain aspects of their court. Olathe is not an exception. Olathe has certain providers that they have authorized for drug and alcohol evaluations. Olathe has a specific provider they generally use for house arrest. Olathe has their own probation monitoring that they do in-house. This is different than most other municipal courts. Most municipal courts rely on outside agencies to monitor people on probation or diversion. Below you will find Olathe Municipal Court specific information.

Olathe Municipal Court Approved ADSAP Providers
Olathe Municipal Court Approved House Arrest Providers
Olathe Municipal Court Approved Community Weekend Intervention Program Providers