HomeMy WebLinkAbout10-17-25 Public Comment - J. Herrington - For the Study CommissionFrom:J. Colleen Herrington
To:Mike Maas
Subject:For the Study Commission
Date:Friday, October 17, 2025 9:36:53 AM
Attachments:Draft Charter language for Municipal Court.pdf
Good Morning Members of the Study Commission:
Please find attached draft language for the Charter related to Municipal Court.
As you can see, I have created the Municipal Court as a separate article, as it separates out
the judicial branch from where the Charter currently has it under Departments, Offices and
Agencies. Further, having it as a separate article would match the City Commission's
article as the legislative branch and the current article regarding the city manager as the
executive branch. I believe that this helps convey that the Municipal Court is a separate
and distinct branch of the city.
I am happy to present on this or provide any additional information for you all. Please let
me know your thoughts on the language and if you believe that anything is missing or
should be different.
I look forward to working with you all on this very important function. Have a wonderful
weekend.
Colleen Herrington
J. Colleen Herrington | Municipal Court Judge
City of Bozeman
901 N. Rouse Ave, Ste 235
Bozeman, MT 59715
Article IV Judicial Branch - Municipal Court
Section 4.1 The Judicial Branch of the City of Bozeman is hereby established and shall
consist of the Bozeman Municipal Court, which is a court of record pursuant to Montana
law. The Municipal Court shall exercise judicial authority on behalf of the City, independent
from the executive and legislative branches, as provided by this Charter and the laws of the
State of Montana.
Section 4.2 Jurisdiction and Authority
The Bozeman Municipal Court shall have jurisdiction and authority as provided by Montana
Code Annotated Title 3, Chapter 6.
Section 4.3 Court Administration
The Municipal Court shall operate independently from legislative and executive branches
of city government. Funding for the Court shall be provided through the City Commission’s
budget process. The Court may adopt local rules of practice consistent with state law and
the Montana Supreme Court’s rules governing courts of limited jurisdiction.
Section 4.4 Municipal Judge
(a) The governing body of the City of Bozeman shall determine by ordinance the number
of judges required to operate the Municipal Court.
(b) Any Municipal Judge shall meet the qualifications set forth in Montana Code
Annotated Section 3-6-202.
Section 4.5 Removal and Vacancy
(a) A Municipal Judge may be removed from office only in accordance with state law.
(b) In the event of a vacancy in the office of Municipal Judge, the City Commission shall
appoint a qualified interim judge to serve until the next regular election, or as
otherwise allowed by state law.