2. Ordinance 1465 - Municipal Judge Qualifications - 2nd ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
TO:
FROM:
SUBJECT:
MEETING DATE:
Mayor Pamela B. Kennedy and Kalispell City Council
Rich Hickel, Adjutant City Attorney
Chris Kukulski, City Manager
Amendments to K.C.C. §2-60 and §2-62.
July 7, 2003
BACKGROUND: The 2003 State Legislature passed House Bill 358
which amends provision of the state law governing qualifications
for Municipal Judges. These revisions necessitate amendments to
Ordinance No. 1246 which established the Municipal Court for the
City of Kalispell. H.B. 358, a copy of which is attached, becomes
effective July 1, 2003. The changes will impact sections 2-60 and
2-62 of the Kalispell City Code.
Section 3 of the new law changes the number of years in the
practice of law in Montana, before an attorney may become eligible
to serve as a Municipal Court Judge. As of July 1, an attorney
must have been licensed to practice law in this state for three
years. The current requirement of two years is set forth in K.C.C.
§2-60.
Section 3 also changes the residency requirement for Municipal
Judges. After July 1, the residency requirement will be changed to
provide that the Judge reside in the county in which the court is
located, thereby eliminating the city residency requirement. This
again, will affect K.C.C. §2-60.
Section 4 provides other options for a Judge Pro Tem. A Pro
Tem Judge is one who is called in to preside in matters in which
the Judge has been disqualified or is otherwise unable to serve, as
in a temporary absence. Currently, §2-62 of the City Code provides
that a "qualified practicing attorney" shall be called upon to
serve in the Judge's absence. H.B. 358, expands the list of
qualified appointees to include, "a justice of the peace for a
justice's court established as a court of record, another municipal
judge, a retired justice of the peace for a justice's court
established as a court of record, a retired municipal court judge,
or an attorney of the county in which the court is located."
RECOMMENDATION: The City Attorney's Office recommends Ordinance
1465 be approved on second reading.
FISCAL EFFECTS: No adverse fiscal effects are anticipated.
Respectfully submitted,
Richard M. Hickel
Adj. City Attorney
Chris Kukulski
City Manager
ORDINANCE NO. 1465
AN ORDINANCE AMENDING ORDINANCE 1246 (CHAPTER 2, ADMINISTRATION,
SECTION 2-60 AND 2-62, KALISPELL CITY CODE), AUTHORIZING THE CITY
ATTORNEY TO RECODIFY THIS ORDINANCE, AND DECLARING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION I. That Chapter 2, Administration, Kalispell City Code is hereby
amended to read as follows:
2-60. QUALIFICATIONS. A municipal court judge must have the same
qualifications as a judge of a district court, as set forth in Article VII,
section 9, of the 1972 Montana constitution, except that a municipal
court judge need only be admitted to the practice of law in the state
for at least three (3) years prior to the date of appointment or election.
A municipal court judge must be a resident and voter in Flathead
County at the time of election.
2-62. QUALIFICATIONS OF JUDGE PRO TEM. When a judge of a
municipal court has been disqualified or is sick or unable to act, the
judge shall call in a justice of the peace for a justice's court
established as a court of record provided for in M.C.A. 3-10-101,
another municipal court judge, a retired justice of the peace for a
justice's court established as a court of record, a retired municipal
court judge, or an attorney of the county in which the court is located,
to act as a judge pro tempore. The judge pro tempore has the same
power and authority as the municipal court judge.
SECTION II. That all parts and portions of Chapter 2, Administration, Kalispell
City Code, not amended hereby remain unchanged.
SECTION III. That this Ordinance shall take effect thirty (30) days from and after its
passage and adoption by the City Council.
PASSED •••• i - • 1111i' •
CITY OF DAY OF 11
Pamela B. Kennedy
Mayor
G
Theresa White
City Clerk