08. Ordinance 1246 - Creating Municipal Court - 2nd ReadingORDINANCE NO. 1246
AN ORDINANCE REPEALING R.O. 1947, SS 7 AND 8, AND ESTABLISHING A
MUNICIPAL COURT FOR THE CITY OF KALISPELL AND A MUNICIPAL COURT
CLERK POSITION; DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE
CITY ATTORNEY TO CODIFY THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA:
SECTION I. That R. 0. 1947, SS 7 and 8 be repealed and
the Kalispell, Montana City Code Chapter 2 be amended,
hereby establishing a municipal court, to read as
follows:
Me�i���i:�
Section 2-58. Establishment and recognition.
The municipal court of the city of
established pursuant to state law
Chapter 6 (Section 3-6-101 et seq.).
recognized by the city that its
established for all intents and purpi
state law and for all purposes tha
inferred therefrom. The municipal
continuing jurisdiction over all
cases.
Kalispell is hereby
under MCA Title 3,
It is specifically
municipal court is
ses set forth in the
may be reasonably
court shall assume
pending city court
Section 2-59. Municipal court clerk position
established.
Pursuant to state law, the position of municipal court
clerk is established within the municipal court. The
municipal court clerk shall assist the municipal court
judge in the recording and signing of court proceedings
as well as in creating, maintaining and retaining
municipal court records. The city council shall set the
salary of the municipal court clerk and provide for other
necessary expenses that may be incurred in operating the
municipal court.
Section 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 two (2) years
prior to the date of appointment or election. A
municipal court judge must be a resident and voter in the
city of Kalispell at the time of election.
Section 2-61. Full-time Judge.
There shall be one municipal court judge. The municipal
court judge shall be a full-time judge and shall not be
employed in addition to his or her employment as
municipal judge.
Section 2-62. Qualifications of judge pro tem.
When a judge of the municipal court has been disqualified
or is sick or unable to act the judge shall call in a
qualified practicing attorney of the county who shall be
judge pro tem with the same powers for the purposes of
the cause as the judge of the municipal court.
Section 2-63. Duties, bond and oath.
The judge of the municipal court shall have all duties
imposed by state law and higher courts. The judge shall
also have the duties imposed by city ordinances. The
judge shall hear and determine all suits, actions,
prosecutions instituted in the municipal court pursuant
to state law and ordinances of this city. Before
entering upon the duties of his or her office and within
ten (10) days after receiving notice of election, the
municipal judge shall qualify by executing a bond in
favor of the city to be approved as other bonds in the
sum of two thousand dollars ($2,000.00) lawful money of
the United States, conditioned that he or she will truly,
faithfully and fully perform the duties of the office of
municipal judge required of him or her by law, and the
provisions of this Code or other ordinances of the city
which now are or shall hereafter at any time be ordained;
that he or she will render a just and true account of all
moneys which may at any time come into his or her hands
belonging to the city, and pay the same over, immediately
on receipt of the same, and deliver over to his or her
successor in office or to any person authorized by law or
ordinances to receive the same, all books, papers,
records and other things pertaining to his or her office
which belong to the city. The bond and oath of office
shall be filed with the office of the city clerk.
Section 2-64. Annual salary; expenses.
(a) Pursuant to MCA 3-6-203, the salary of the
Kalispell Municipal Court Judge may be fixed by ordinance
or resolution.
(b) In addition to the foregoing, the Kalispell
Municipal Court Judge shall receive his or her actual and
necessary traveling expenses and all other necessary
Fq
expenses as budgeted in the city's annual budget.
Section 2-65. Appeal to district court.
Pursuant to state law, a party may appeal to district
court from a judgment of the municipal court if:
(a) The amount in controversy exceeds $200; or
(b) The judgment includes incarceration; or
(c) Upon petition of an aggrieved party, the
district court may, in the interests of justice, accept
appeal jurisdiction notwithstanding the amount in
controversy.
Section 2-66. Scope of appeal.
An appeal to the district court from a judgment of
the municipal court is confined to review of the record
and questions of law, subject to the supreme court's
rulemaking and supervisory authority.
Section 2-67. Record on appeal.
The record on appeal from municipal court to
district court shall consist of an electronic recording
F, or stenographic transcription of the case tried, together
with all papers filed in the action.
Section 2-68. Procedure on appeal.
The district court may affirm, reverse, or amend any
appealed order or judgment and may direct the proper
order or judgment to be entered or direct that a new
trial or further proceeding be had in the municipal
court.
SECTION II. EFFECTIVE DATE. This ordinance shall be
effective on January 6, 1997.
SECTION III. REPEALER. All resolutions, ordinances, and
sections of the City Code inconsistent herewith are
hereby repealed.
SECTION IV. SEVERABILITY. If any provision of this
ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not
affect the other provisions of this ordinance which may
3
be given effect without the invalid provisions or
application, and, to this end, the provisions of this
ordinance are declared to be severable.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS DAY OF , 1996.
ATTEST:
Debbie Gifford, CMC
Clerk of Council
4
Douglas D. Rauthe, Mayor