HomeMy WebLinkAbout21- Ordinance 2073 Amending Chapter 22 of the BMC Establishing Second Office of Municipal Court JudgeOrdinance 2073, Creation of Second Municipal Court
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ORDINANCE 2073
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA CREATING A SECOND OFFICE OF MUNICIPAL COURT JUDGE,
AMENDING CHAPTER 22 OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING
A STAGGERED ELECTION CYCLE FOR THE MUNICIPAL JUDGES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Sec. 4.05 of the City of Bozeman’s Charter, there shall be a
municipal court as prescribed by state law; and
WHEREAS, the City has previously created the office of a full time elected municipal
court judge pursuant to Title 3, Chapter 6, MCA; Ordinance 1490, and the provisions of Bozeman
Municipal Code Chapter 22; and
WHEREAS, §3-6-201, MCA and Sec. 22.01.050, BMC provide for part-time assistant
judges appointed by the elected municipal court judge and confirmed by the Bozeman City
Commission to serve with all the rights and responsibilities of a full-time judge; and
WHEREAS, the 2021 Montana Legislature amended §3-6-201, MCA, to remove the
authorization for part-time assistant judges and now Montana state law requires all municipal court
judges to be elected; and
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Ordinance 2073, Creation of Second Municipal Court
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WHEREAS, it is in the interests of the City to establish a second full-time elected
municipal court judge position to comply with State law, to manage the municipal court’s caseload
and to more efficiently administer justice in the City of Bozeman.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 22 of the Bozeman Municipal Code shall be amended as follows and any
sections within not amended herein shall remain in effect:
Sec. 22.01.050 Office of municipal judge.
The office of the municipal judge is hereby established for the city. There will be at least
one two full-time municipal judges. The commission may change the number of full-time
municipal judges by ordinance. as determined by ordinance of the commission and there may also
be one or more part-time assistant judges appointed by the chief municipal judge subject to
approval by the commission. If there is only one full-time judge, that judge shall be considered the
chief judge. If there is more than one full-time judge, The chief judge of the municipal court shall
be determined in accordance with title 3, chapter 6, of the Montana Code Annotated (MCA 3-6-
101 et seq.).
Sec. 22.01.060. - Method of selection and term of office.
Each person holding the office of full-time municipal judge will be elected at a general
election and will hold office for a period of four years. Each assistant part-time judge shall serve
for the term of the appointing full-time municipal judge. The terms of the municipal judges shall
be staggered.
Sec. 22.01.090. - Compensation and expenses.
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A. The city commission will establish the annual salary or the annual rate of adjustment of the a
municipal judge by resolution. A municipal judge who appoints an assistant judge will set the
assistant judge's compensation.
B. The municipal judges will receive any actual and necessary expenses as budgeted in the city's
annual budget.
Section 2
The City Commission hereby authorizes the creation of a second full time office of a municipal
court judge to commence on the first Monday in January of 2022. The Bozeman City Commission
hereby requests the Gallatin County Clerk and Recorder (Elections Administrator) to immediately
commence with an election for the second full time municipal court judge to occur on November
2, 2021.
Notwithstanding Section 1, the current part-time assistant municipal court judge position remains
in effect and is duly authorized to continue in office until the newly elected municipal court judge
takes office on January 3, 2022, at which time the position of part-time assistant municipal judge
will terminate.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
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. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
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Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification Instruction.
The provisions of Section 1 shall be codified as appropriate in Chapter 22 of the
Bozeman Municipal Code. Section 2 shall not be codified.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of April, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session therefor held on the 20th day
of April, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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