Municipal court change has costs and benefits

By RICHARD HANNERS

Whitefish Pilot

The Whitefish City Council listened to a report on the costs and benefits of changing Whitefish’s city court to a municipal court during its Feb. 5 meeting.

Cities in Montana with more than 4,000 residents are allowed by state statute to establish municipal courts. Salaries for a municipal judge and court staff could be established by the city. Municipal judges would elected to four-year terms. Fees for filing civil actions are set by state statute.

The immediate cost to the city would be securing existing recording equipment used for city council meetings. That could amount to no more than installing a lock on the door where the DVD recording equipment is kept.

Savings would come from eliminating the need to start trials from scratch whenever a person appeals a ruling made by the city judge to Flathead County District Court.

As a court of record, with a licensed attorney sitting as judge, a trial “de novo” would not be necessary, according to city manager Chuck Stearns.

“We could save time and money of the prosecution, witnesses and the operation of our court,” Stearns said. “This savings and improved prosecution is probably the biggest advantage of going to a municipal court.”

Municipal courts could also handle code enforcement cases that now typically go to district court to avoid a trial de novo. These could include cases involving lakeshore regulations and sign or decay ordinances. While some savings is foreseen, moving code enforcement to a municipal court would increase the city judge’s case load.

In a memo to the council, city prosecutor Clif Hayden noted that the advent of the state public defender system has changed the case load for small courts, including municipal courts.

“The only drawback for municipal court is the court may become somewhat more formal because of the loss of de novo appeal,” he said. “In other words, we could see more motions practice, which is a burden for the court and myself.”

Councilor Nancy Woodruff said she liked the idea of requiring a judge to be a licensed attorney. In the past, candidates without a law degree have run for Whitefish city judge.

Councilor Frank Sweeney, who is the only attorney on the council, said he thought it was a great idea to change the city court to a municipal court.

The council directed Phelps to draft the necessary ordinance that would set up a transition to a municipal court.