2. Municipal Court SurchargeKalispell Municipal Count
Judge Heidi Hlbricht
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone f406)758-7705 Fax (406)758-7758
TO: Mayor and City Council
FROM: Judge Heidi Ulbricht
SUBJECT: Court Security and Technology
MEETING DATE: January 18, 2005
Background: Kalispell Municipal Court is requesting an amendment to
ordinance 1240 (attached) to include a $5.00 surcharge to fund Court Security
and Technology. In addition the Court requests a $5.00 fee be assessed in the
event of an appeal to cover the cost of duplicating the court record.
It is estimated that the Security/Technology surcharge would generate
approximately $15,000. This fund would be used to purchase technological
and/or security enhancements.
RECOMMENDATION: Amend Ordinance 1240 to include a Municipal Court
Technology and Security Fund.
FISCAL EFFECTS: Unknown
Heidi bricht
Municipal Court Judge
ORDINANCE NO. 1240
AN ORDINANCE AMENDING ORDINANCE NO. 1166 BY ESTABLISHING CITY COURT
FEES FOR CRIMINAL ACTIONS, DECLARING AN EFFECTIVE DATE AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. That there is hereby established the following
fees and charges to be levied by the City Court in the
disposition of all criminal and traffic citations and
complaints:
1) Fees;
A) The Court fee for posting bond for any case pending
in the City court of the City shall be five dollars
($5.00), in addition to the regular bond. This five
dollar ($5.00) Court fee shall be paid at the time of
posting of bond. If, at a later date, the City Judge or
a jury finds the defendant not guilty, the five dollar
($5.00) Court fee will be returned to the defendant. If
the defendant forfeits the posted bond, the five dollar
($5.00) Court fee shall also be forfeited.
B) A twenty dollar ($20.00) Court fee, in addition to
the regular fine, shall be assessed against any person
who appears in the Catty Court, and is found guilty of the
charges brought against him or her. This twenty dollar
($20.00) Court fee shall not be assessed until a
conviction has been reached by either the Judge or jury.
This twenty dollar ($20.00) Court fee is to be paid along
with the regular fine, and is to cover the Court costs
incurred in the action. If a defendant has previously
posted a Court fee for posting bond, the defendant shall
pay the difference between the amount of the bond fee and
the twenty dollar ($20.00) Court fees upon receiving a
guilty verdict.
C) if a not -guilty verdict is returned by either the
Judge or the jury, there shall be no Court fee assessed
against the defendant.
D) The City Judge shall have no discretion in levying
the Court fee, and all defendants who are found guilty
either by plea, the Judge, or a jury shall be responsible
for said Court fee.
E) No Court fee shall be assessed against the defendant
in any case involving a parking violation.
2) Administrative Fees;
There shall be .levied and assessed upon any contract
allowing the payment of fines, costs, and charges to City
Court on an installment basis an administrative fee of
$10.00 for each contract.
3) Interest;
City Court shall assess interest on all contracts in City
Court at the maximum amount allowed by .law on judgements.
SECTION II. That this Ordinance shall take effect from and
after thirty days of its passage by the City Council.
SECTION III. That the City Attorney is hereby authorized and
directed to recodify this Ordinance.
PASSED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL,
THIS DAY OF JUNE, 1996.
ATTEST:
C
Debbie GifaW!!�-kMC
Clerk of C