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5. Municipal Court Designationt i Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-775$ Mayor Post Office Box 1997 Zip 59903-1997 Brute Williams City Manager DATE: November 21, 1995 City Council TO: Bruce Williams, Members of City Council Members: Gary W. Nystul FROM: Glen Neier n 4" Ward 1 Municipal Cour RE: p Cliff Collins Ward Barbara Moses In a memo dated November 1, 1995 the City Manager requested Ward11 a status report on the goals adopted by the City Council Date Haarr 1996. The Council established the following goal Ward11 .for concerning this office: Jim Atkinson Decide if the City Council wants a Municipal Judge Ward 111 . position as opposed to a City Judge Position. Lauren Granmo Ward III The 1995 Legislature enacted two statutes which are, and Pamela B. Kennedy shall have in the future, a` far reaching effect on the Wardle ability of this office and the City Court to conduct business efficiently. The laws S 61-8-714, MCA and S 61-8- M. Duane Larson 722, MCA established a fourth or subsequent conviction for Ward IV driving under the influence of alcohol/driving with a alcohol concentration of 0.10 as a felony offense punishable by not less than one year nor more than ten years in prison. The laws took effect October 1, 1995, but for purposes of determining multiple offenses they apply to convictions occurring on any prior occasion. Since the legislature passed the law, we have. experienced an increase in jury trials and an increase in the number of cases being appealed to District Court. Because of the penalty enhancement on a fourth conviction, individuals charged with DUI's 1,2 and 3 are less likely to plead, and more likely to tax the criminal justice system to limits in an effort to either receive a not guilty verdict or plea bargain agreement. Currently the City Court has approximately 15 cases on appeal to District Court. Since January '94 City Court has sent 25-28 cases to District Court on appeal. City Court has 50 non -jury trials set for November '95. There are 93 pretrials scheduled on the jury trial docket, with three days devoted to jury trials. Additionally, since the § 45-5-637, MCA (18 year old smoking law) became effective the City Court has processed Bruce Williams City Council November 6, 1995 Page 2 over 60 citations for illegal smoking. Only 21 have plead guilty. Eleven have asked for a trial. Several have demanded a jury trial. Every case referred to above is entitled to a jury trial at the City Court level. If found guilty at City Court any particular defendant is entitled to an appeal and a "trial de novo" in District Court. That is to say any defendant is entitled to a jury trial at City Court and again at District Court if they desire, regardless of the facts. The suggestion that the City establish a municipal court has been kicked around for at least 4 years. A municipal court has jurisdiction commensurate with the justice of the peace court, as well as exclusive jurisdiction of those matters exclusively reserved to the City Court by statute. Municipal courts have concurrent •jurisdiction with the District Courts in matters pertaining to Landlord Tenant law. For purposes of this memo, however, the most significant attribute of a municipal court is that appeals from a municipal court judgment or order are made upon the record and subject, only, to questions of "law". There is no appeal to a "trial de novo„ in District Court. Municipal courts under Montana law are courts of record, and as such must have electronic recording equipment in order to preserve the record for appeal. The District Court reviewing the appeal has the authority to affirm, reverse, amend or remand the judgement of the municipal court; essentially the same authority the Supreme Court has over District Courts. Municipal court judges must be elected to the position. A municipal judge must be an attorney who has been licensed to practice law in Montana for 2 years prior to election and be a resident and voter of the City. Municipal judges must attend two annual training seminars under the supervision of the Montana Supreme Court. Municipal courts are required to have a municipal clerk of the court for record keeping purposes which must conform to District Court records in civil cases and Justice Court records in criminal cases. The chief of police, through a subordinate police officer, is charged under the law with serving process and execution of all orders issued by the court. The Council is given the authority to create a municipal court by a two-thirds majority vote. The creation of a municipal court abolishes the city court. The city judge serves as municipal judge Bruce Williams City Council November 6, 1995 Page 3 for the remainder of his term and until the new municipal judge is elected. The creation of a municipal court will entail some expenses not presently covered in the city court budget. In order to get the municipal court off the ground the City would need to purchase a reliable recording system. Tapes needed for recording would need to be purchased on a continuing basis. Once the matter is recorded, however, the party desiring to appeal will pay for any transcription. The creation of a municipal court for the City would go a long way toward alleviating a case load in both the Court and the City Attorney's office. Even if the Council does authorize the creation of a full time prosecutor, the need to have a more efficient procedure in the court will remain. GN/sh Kalispell City Court Drawer 1997 • Kalispell, Montana 59903-1997 ® (406) 752-6600 November 22, 1995 To: Kalispell City Council RE: Municipal Court I support the decision to convert from a City Court to a Municipal Court because with the recent change in the severity of penalties for misdemeanors more defendants are exercising their right to be represented by attorneys. The increase in attorneys has meant a surge in the number of requests for jury trials. Additionally, the defendants are making numerous motions requiring the court to legally research whether evidence should be suppressed or a case should be dismissed. I believe the Judge needs to have a legal education in order to decide the technical issues arising from the crimes tried in this Court. A Municipal Judge is required to be admitted to the practice of law in Montana for at least 2 years prior to the assuming office. Further, because a Municipal Judge is required to have a law degree, the current salary needs to be raised. I concur with all the contents of the memorandum prepared by Glen Neier. Especially the portion referring to the appeals.