1. Ordinance 1648 - Amending Ordinance 1240 - Municipal Court Fees and Charges - 1st ReadingKalispell Municipal Court
PO Box 1997, Kalispell, MT 59903
PHONE: 406-758-7705 FAX: 406-758-7773
MEMORANDUM
TO: Mayor Pamela B. Kennedy and Kalispell City Council
Interim City Manager, Myrt Webb
FROM: Judge Heidi Ulbricht, Kalispell Municipal Court
SUBJECT: Resolution No. 1648 An Ordinance Amending Ordinance No. 1240 and
Kalispell Municipal Code 2-69-1 that establishes the Municipal Court
Fees and Charges for Criminal Matters and Delcaring an Effective Date.
MEETING DATE: Monday, November 3, 2008 — Regular Council Meeting
BACKGROUND: Ordinance No. 1240 established fees and charges to be levied by Kalispell
Municipal Court upon disposition of all criminal and traffic citations and complaints. The original
ordinance (no. 1240) took effect on July 17, 1996 and allowed the court to assess a $10.00 contract
fee, charge 10% interest on all contracts and $5.00 city surcharge on each citation and complaint. In
April 2005 the Court began assessing a $55.00Security and Technologyfee.
The Court is proposing an amended ordinance that would increase the $5.00 city surcharge
to $10.00 and increase the $5.00 Security and 'Technology fee to $10.00. The contract origination fee
would remain at $10.00 and the interest charged would remain at 10%.
In addition the Court would be permitted to assess up to a $60.00 per month compliance fee
on all charges given a deferred or suspended sentence that require court monitoring.
The additional $5.00 city surcharge will be used to maintain staffing level at Municipal
Court which allows the court to provide prompt and efficient customer service. The Security and
Technology fee will continue to provide the court with equipment, fixtures and supplies.
RECOM, ENDATION= That Council considers and passes Ordinance No. 1648.
Judge Heidi Ulbricht
October 28, 2008
ORDINANCE NO. 1648
AN ORDINANCE AMENDING ORDINANCE NO. 1240 AND KALISPELL MUNICIPAL
CODE 2-69-1 THAT ESTABLISHES THE MUNICIPAL COURT FEES AND CHARGES
FOR CRIMINAL MATTERS AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has established a Municipal Court under the authority Montana state law
at MCA 3-6-101; and
WHEREAS, Municipal Court is required under state law to charge and collect various fees and
surcharges to individuals convicted of crimes to pay for court information
technology, prosecution and law enforcement services; and
WHEREAS, Municipal Court operations incur numerous monetary expenses for court
administrative expenses, necessary room, technology, furniture, fixtures and
supplies, as well as salaries and related monetary expenses; and
WHEREAS, the Kalispell City Council desires that the Municipal Court charge and collect
adequate fees for the service it provides with respect to each criminal citation or
complaint processed by the Court at the time each defendant is sentenced in
addition to any other fees or charges required by Montana state law with respect
to criminal court proceedings.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell Municipal Code 2-69-1 shall be and is hereby amended as set
forth below:
There is hereby established the following fees and charges to be levied by the
Municipal Court in the disposition of all criminal and traffic citations and
complaints:
A. Fees:
1. The general administrative court fee at the time of posting bond for all
criminal cases pending in the Municipal Court of the City shall be ten dollars
($10.00), in addition to the regular bond. This administrative fee shall be paid at
the time of posting of bond. If, at a later date, the municipal judge or a jury finds
the defendant not guilty, the fee will be returned to the defendant. If the defendant
forfeits the posted bond, the administrative fee shall also be forfeited.
2. In addition to each fine there shall be a ten dollar ($10.00) court security
and technology surcharge. This surcharge will be assessed against the defendant
at the time he or she is sentenced.
3. There shall be levied and assessed upon any contract allowing the
payment of fines, costs, and charges to the Municipal Court on an installment
basis an administrative fee of ten dollars ($10.00) for each contract. The
Municipal Court shall assess interest on all contracts in court at the maximum
amount allowed by law on judgments.
4. The Municipal Judge shall impose a compliance fee of up to $60.00 per
month on all defendants given a deferred or suspended sentence that requires the
court staff to verify defendant's continuing compliance with the conditions of the
sentence.
5. There shall be a five dollar ($5.00) fee for duplicating the court records for
all appeals.
6. If a not guilty verdict is returned by either the judge or the jury, there shall
be no administrative court fees assessed against the defendant. All defendants
receiving a deferred sentence shall pay the court fees set forth in paragraph A(1)
and A(2) as well as the fees set forth in paragraphs A(3) and A(4), if applicable.
7. Except as to Paragraph A(4), the Municipal Judge shall have no discretion
in levying the court fees, and all defendants who are found guilty either by plea,
the judge, or a jury shall be responsible for said court fees.
8. No court fee shall be assessed against the defendant in any case involving
a parking violation.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk