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HomeMy WebLinkAboutOrdinance 99- 1490, Adds Ch. 2.06, municipal court; repeals Ch. 2.28 .... ----.-- ..---------..-.----.... .--.-.--- .-.. -. ...- ORDINANCE NO. 1490 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED 2.06 TO PROVIDE FOR THE ESTABLISHMENT OF A MUNICIPAL COURT AND A CLERK OF MUNICIPAL COURT AND REPEALING CHAPTER 2.28, ENTITLED "CITY JUDGE". BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that Section 1 The Bozeman Municipal Code is hereby amended by adding a new chapter to be numbered Chapter 2.06 to read as follows: "MUNICIPAL COURT 2.06.010 Establishment of the Municipal Court. A. The Municipal Court is hereby established pursuant to Title 3, Chapter 6, M.C.A. The Court is established for all intents and purposes set forth in state law and any reasonable inference therein. B. The Municipal Court will be a court of record by electronic recording or stenographic transcription and will assume continuing jurisdiction over all pending City Court cases. C. The Municipal Court will commence on January 1, 2000. 2.06.020 Sessions of the Municipal Court. A. The Municipal Court will be in a continuous session from 9:00 a.m. until noon and from 1 :00 p.m. until 4:00 p.m. on every day except nonjudicial days. The Judge may set additional hours as necessary. B. Nonjudicial days are defined as any legal holidays, or days appointed by the President of the United States or by the Governor of Montana for a public fast, thanksgiving, or holiday except as set forth in subsection "c" below. C. The Municipal Court will, on any day: 1 . Give instructions to a jury when deliberating; 2. Receive a verdict or discharge a jury; 3. Exercise its powers in a criminal action; and 4. Issue writs of prohibition, injunctions and habeas corpus. 2.06.030 Office of Clerk of the Municipal Court. The position of Clerk of the Municipal Court is hereby established. The Clerk will work under the supervision and control of the Department of Finance. ...------ 2.06.040 Duties of the Clerk of the Municipal Court. The Clerk of the Municipal Court will establish, maintain, retain and administer all municipal court records by means of electronic filing or storage or both. In any event, the Clerk will maintain a paper copy of all records established. The Clerk will assist the Municipal Judge in the recording and signing of court proceedings as well as general operations of the Court. The Clerk will have all other powers and duties as prescribed in Section 3-5-501, M.C.A., relevant to a Municipal Court as well as all other duties assigned by the Department of Finance. 2.06.050 Office of Municipal Judge. The office of Municipal Judge is hereby established for the City of Bozeman. There will be one full-time Municipal Judge. The Judge will not be employed in addition to the employment as a Municipal Judge. 2.06.060 Method of Selection and Term of Office. The person holding the office of Municipal Judge will be elected at a general election and will hold office for a period of four years. 2.06.070 Qualifications of Municipal Judge. A Municipal Judge, at the time of election or appointment, will be a resident of and registered to vote in the city of Bozeman. The Municipal Judge must have the same qualifications as a district judge, as set forth in Article VII, Section 9, of the 1972 Montana Constitution, except that the Judge need only be admitted to the practice of law in the State of Montana for a minimum of two (2) years prior to the date of election or appointment. 2.06.080 Powers and Duties of Municipal Judge. The Municipal Judge will have those powers and duties as are provided by state law and the Montana Supreme Court. The Judge will also have all duties imposed by City ordinances. The Judge will hear and determine all suits, actions and prosecutions instituted in the Municipal Court pursuant to state law and ordinances of the City of Bozeman. 2.06.090 Procedure for Court Appointed Counsel. A. Upon request for court appointed defense counsel, the Municipal Judge will require the Defendant complete and sign a written application for Court Appointed Counsel as provided in the Montana Supreme Court Bench Book. This application will be notarized prior to submission. The Municipal Judge will verify all information provided by the Defendant prior to appointing a public defender. - 2 - B. The Municipal Judge will establish written criteria for determining proper appointment of defense counsel for indigent defendants in criminal actions and appoint counsel to all individuals who qualify under this criteria. The Municipal Judge will provide a copy of the criteria to the City Commission and the City Manager within thirty (30) days of taking office or assuming the position of Municipal Judge. C. The Municipal Judge will provide the City Commission and City Manager with a report indicating the number and type of cases in which the Defendant received appointed counsel; the income level of each individual appointed counsel; and any other information the Municipal Judge feels pertinent. The report will be due on or before the 15th of every month. 2.06.100 Compensation and Expenses. A. The City Commission will establish the annual salary of the Municipal Judge by ordinance. B. The Municipal Judge will receive any actual and necessary expenses as budgeted in the City's annual budget. 2.06.110 Oath and Deposit of Funds. A. The Oath of Office will be filed with the Office of the Clerk of the Commission. B. All moneys, from whatever source, collected under the jurisdiction of the Municipal Judge will be deposited and managed in accordance with the Rules of the Montana Supreme Court. C. So long as the rules of the Montana Supreme Court do not require otherwise, all such moneys will be deposited daily with the Treasurer of the City of Bozeman as directed by the Director of Finance. D. In order to establish an appropriate control of moneys deposited temporarily for bonds, appearance bonds, etc., all such moneys will be placed into a trust fund to be maintained and controlled by the Clerk of the Municipal Court. Upon final disposition of the matter to which such a bond pertains by the Municipal Court, the Clerk of the Municipal Court will disburse such moneys according to the direction of the Municipal Judge. 2.06.120 Qualifications of a Judge Pro Tempore. I~: When a judge of the Municipal Court has been disqualified or is sick or for any reason unable to act, the Judge will call in a qualified practicing attorney ~ 3 - ...---- of the City who will be judge pro tempore with the same powers for the purposes of the cause as the Judge of the Municipal Court. Any pcmon acting as judgc pro temporc muat mect thc same qualifications as sct forth in this chaptcr. 1:*~~~:~~~:::~~:~~~~~~~~~~:~:~~::::;nYi':'-ii~i~"::~::::i.i~i9'ii~:~i~~~:::~:jH~(i~.-:--"~tit~~:~~I~~rl::::~:::m9.R..::.'-migt.:::::]tii::::~~~f~n~I~,:g: g:i~I'i~!:9~I~gm~'~: 111~lilllll!!!!lllllrl!!iilllll!~~I~il:III~~"!~liiiiiII:iiiiii~~i~~::i::i:~~ .1&,.1,.- 2.06.130 Vacancy Filled by Commission. Should a vacancy occur in the office of Municipal Judge, the City Commission will appoint a Qualified individual to serve for the remainder of the term. 2.06.140 Appeal to District Court. A. A party may appeal a Municipal Court judgment or order to the District Court in either criminal or civil actions. An appeal to the District Court is confined to review of the record and Questions of law, subject to the Supreme Court's rule making and supervisory authority. B. On appeal, the Clerk of the Municipal Court will transfer the record consisting of an electronic recording or stenographic transcription of the case tried, together with all papers filed in the action. The Clerk may charge the requestor a reasonable fee for any copies or transcription made necessary by the appeal. 2.06.150 Limitation on Appeals. A. A party in a civil case may appeal a Municipal Court judgment or order to the District Court in cases where the amount in controversy exceeds $1,000. B. In criminal actions, a Defendant may appeal a Municipal Court judgment or order to the District Court in cases where the amount in controversy exceeds $300.00 or where incarceration has been ordered. The State may appeal in any instance set forth in Montana law. C. Notwithstanding the foregoing, the district court may, in the interests of justice, accept appeal jurisdiction upon petition of the aggrieved party." - 4 - ..-.-- Section 2 That Chapter 2.28 of the Bozeman Municipal code is hereby repealed and declared null and void and, therefore, of no effect. Section 3 ReDealer All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savings Drovision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 Severabilitv If any portion of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable. Section 6 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the 5th day of April 1 999. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission - 5 . ~I'- ,',"- PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on the 3rd day of May 1999. ATTEST: A"~F~or-~ (}k of k~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: /l - 6 ~ -..-.-..- . -.--.--..---