Staff recommends Council adopt a resolution setting the salary for the offices of municipal court judge.

Council passed Ordinance 22-5822 creating a second office of Municipal Court Judge. This ordinance was effective January 12. This elected office will appear on the September 2023 ballot and the elected judge will take office January 2024.  Because candidate filing for this office begins in April 2023, it is important that Council establishes the salary in order for candidates to determine whether to file as a candidate for this office.  

Montana Code requires City Council to set the salary for municipal court judge by ordinance or resolution. (See MCA 3-6-203.) Resolution 06-18400 currently sets the salary for municipal court judge and provides for a salary for a part-time assistant judge. This resolution needs to be amended to eliminate the part-time assistant judge and address the salaries for the two elected offices.  Resolution 06-18400 provides for incremental increases in the salary of the municipal court judge based on the term of office.  The proposed resolution provides for equitable salaries for both positions because the workload is the same regardless of the office-holder's term. 

Currently, the sitting municipal court judge's salary is set at 90% of a district court judge's salary.  Council discussed this issue during the January 3 work session and whether to set the salary at either 90% or 100% of a district court judge salary. There was support among Council members for both propositions however there did not appear to be a consensus regarding the salary during the work session discussion. Council members asked that the matter be presented at a regular business meeting and indicated amendments will be offered at that time. No specific direction was provided to staff regarding the salary or the structure of setting the salary. 

The resolution being presented for Council's consideration would set both municipal court judges at the same rate as a district court judge's salary. The resolution also provides for increases in the municipal court judge salary to coincide with any increases in district court judges' salaries as provided in MCA 3-5-211. As of July 1, 2021, district judges' salary is set at $142,683 and is scheduled to increase to $148,872 on July 1, 2023. 

City Council may:

• Approve;
• Amend; or,
• Not Approve.

If Council does not approve or amend the resolution, the newly elected Municipal Court Judge's salary would be set at 80% of a district court judge's salary pursuant to Resolution 06-18400. Staff does not recommend this action. 

As Council will recall, the November 2021 ballot included a public safety mill levy question which was passed and approved by 60% of the voters in Billings. During the public education process leading up to the November 2021 election, City staff provided information that part of this levy would provide funding for a second office of Municipal Court Judge as well as adequate staffing for that office. Therefore, the second office in Municipal Court is already anticipated and will be funded through the public safety mill levy.