University of Kansas Court of Parking Appeals
Suggestions for the Prosecution
Tips to Follow in Preparation for Trial
1.Before beginning work on any case, obtain a copy of the KU Parking Rules and Regulations, available at the parking garage office across the street from Green Hall or online at Study the rules so that you will be familiar with the possible arguments for or against granting an appeal.
2.Also read the Traffic Court Rules of Practice and Procedure. This can be found either on TWEN, in the Traffic Court office or on reserve at the Law Library. The rules contain all relevant information on courtroom procedure, evidence, etc.
3.If you are unable to appear in court as scheduled, it is YOUR RESPONSIBILITY TO CONTACT AN ALTERNATIVE WELL IN ADVANCE OF THE HEARING. In the event of a true emergency, you should contact the Chief Justice or the Associate Chief Justice. Be sure to inform both the Traffic Court office and opposing counsel of the name of the alternate. Failing to appear in court without a true emergency will result in sanctions.
4.Study the facts of your case. Carefully read the ticket and the appellant’s reasons for appealing the ticket. Make up a list of questions to ask appellant. You will usually need to know more than what the appellant has written on the appeal form. Try to view the case from both sides, this will help you to formulate questions and arguments.
5.As soon as possible before the trial date, contact the defense counsel to arrange a meeting. You can only contact the appellant through the defense counsel. Give the defense counsel the list of questions you want the appellant to answer. Get this list of questions, interrogatories, to the defense counsel as soon as possible. Appellants can take a long time to answer. If the exact location of where the appellant parked is uncertain, have the defense counsel arrange for the appellant to show you and the defense counsel the exact location.
6.After consultation with opposing counsel, if you determine that the ticket is mismarked or that there is no legal merit to the ticket, contact the Chief Prosecuting Attorney immediately. The Chief Prosecutor’s concurrence is required for nolo prosequi motions. Please note, however, that such motions are extremely rare and will only be granted if there is absolutely no legal merit to the ticket.
7.Use all available sources of the law. The best sources are:
- University of Kansas Parking Rules and Regulations (given to each student who purchases a parking permit).
- Parking Services authorities (e.g., ticketing officer, head of parking services, etc.).
- En Banc decisions (on the website).
8.Personally inspect the scene of the violation. This is often a great help in developing your argument. Have the opposing counsel take you to the scene or show you specifically where the appellant parked in the lot or area. You must verify all facts of the case that you can. Use documentary or written evidence (traffic rules, signed affidavits from parking officials, weather reports, etc.). Draw pictures of signs to make maps of the scene on the blackboard if necessary.
9.Based on the information that you have gathered, develop your theory of the case. Organize your argument. Prepare a list of questions to ask on cross-examination and outline your closing argument. A sloppy, ill-prepared prosecution is not convincing, especially if the appellant’s case has some merit. In order to uphold the ticket, the prosecution must show that there is some basis for the ticket to be given. Defense may present a weak case, but unless you show some basis for the ticket the appeal must be granted.
10.Some successful approaches in meeting prosecution’s burden, include arguing:
- Constructive or actual knowledge of the regulations (i.e., each person should receive a copy of the regulations when they purchase a permit. Even if they claim they did not receive a copy, they are deemed to have constructive knowledge of the regulations simply by purchasing a permit.)
- The appellant took the risk; the “emergency” was of his or her own making (i.e., parked in a handicapped zone for a “few seconds” to deliver a small item, etc.
- University policy priorities (fire lanes, handicap access, etc.)
- Lack of good faith effort by the Appellant (did not do all he/she could to avoid or remedy the situation).
11.Prosecuting attorneys shall zealously pursue the furtherance of the interest of their client, the University, within the bounds of professional responsibility. Your primary concern should be reaching the truth of the matter and a just result. Remember, this is a court of equity, or “fairness.”
12.Seek advice from the Chief Prosecutor or the officer on duty in the Traffic Court office. (Office hours will be posted on the door of the Traffic Court office, room 110.)
13.Dress as if you were going to court in any other courtroom. You are not required to wear a suit or a dress, but you should look professional.
14.It is very helpful to watch other sessions of court before it is your turn. Traffic Court hearings are open to the public.
Tips to Follow During Trial
1.Come prepared. Have all the documents in order, make sure that all evidence you will present has been initialed by the opposing counsel. Have a copy of each piece of evidence for each judge (highlight points you want to emphasize) and for the opposing counsel.
2.Before you begin questioning, ask the presiding judge, “May I approach the witness?” Wait for the judge’s response before approaching. Always address the appellant as Mr./Ms. ______.
3.If you use pictures or maps, ask the appellant whether the depiction is accurate before you ask them questions about it. Visual aids are strongly encouraged, they will greatly help the court to determine the merits of the case.
4.Do not be afraid to carry your questions or notes with you during the trial, but do not let them be a distraction. Make notes during defense counsel’s questioning so that you can counter particular points that may look at the judges.
5.Keep the questions short, to the point and as few as necessary to establish the point you are trying to make. Judges are not fond of long-winded, roundabout questioning.
6.Prosecution is allowed to ask leading questions. Structure your questions so that the appellant can answer them with a simple yes or no. Example: Mr. Gengler, isn’t it true that you knew that the lot was restricted, but you thought that since it was late at night you probably wouldn’t be ticketed?
7.If the appellant does not answer the question the way you anticipated, you may want to reword the question to get the desired answer, but don’s ask the same question repeatedly. This is badgering and defense counsel may object to it and make you look bad. This could also draw a reprimand from the court if it is persistent.
8.Be ready to object. Defense counsel will often ask leading questions during direct examination and they are not allowed to do so. OBJECT! For example, “Objection, defense is leading the witness!” Also object if the defense counsel is inserting his or her opinion, irrelevant evidence, questions or statements.
9.Make a good closing argument. In most cases, the prosecution’s closing argument is the last thing that the Court hears before making its decision. You may have to adjust your closing argument as the trial progresses. Be careful to only state issues and facts that were brought up during the trial. Make full use of En Banc decisions, they are controlling precedent in Traffic Court.
10.Before beginning closing arguments, always remember to start with, “May it please the Court.” This is a rhetorical question.
11.Speak with a loud, clear voice. Be confident in your theory of the case. The court will be able to tell if you don’t present your theory in a confident manner, and will not lend it as much credibility.
GOOD LUCK AND HAVE FUN!