Consent 1.G.
Regular City Council Meeting
- Meeting Date:
- 11/22/2010
- TITLE
- Resolution Appointing a Council Ad Hoc Municipal Judicial Nominating Committee
- PRESENTED BY:
- Tina Volek
- Department:
- City Hall Administration
Presentation:
PROBLEM/ISSUE STATEMENT
The election of Municipal Court Judge Mary Jane Knisely to the District Court bench, effective Jan. 3, 2011, creates an interim opening that must be filled by a vote of six or more members of the City Council, according to Montana statutes and City Code. The selected candidate subsequently will be required to run for election pursuant to Montana Code Annotated section 7-4-4112 (2009)
In order to have an individual in place when Judge Knisely leaves, it is recommended that the City Council approve at the Council meeting of Nov. 22 the attached resolution appointing an ad-hoc municipal judicial nominating committee . Following a work session discussion with the Council, staff was directed to advertise the position immediately with applications due by 5 p.m. Dec. 10, 2010. The committee should interview candidates the week of Dec. 13 and make a recommendation to the City Council by Dec. 17. The Council must act on an appointment on Dec. 20, the Council's final scheduled session of 2010.
Based on practices in other courts, the ad hoc committee could include two Council members, two attorneys, two lay persons with interest or experience in legal matters, a member of the City Attorney's staff and a member of the Public Defender's Office.
In order to have an individual in place when Judge Knisely leaves, it is recommended that the City Council approve at the Council meeting of Nov. 22 the attached resolution appointing an ad-hoc municipal judicial nominating committee . Following a work session discussion with the Council, staff was directed to advertise the position immediately with applications due by 5 p.m. Dec. 10, 2010. The committee should interview candidates the week of Dec. 13 and make a recommendation to the City Council by Dec. 17. The Council must act on an appointment on Dec. 20, the Council's final scheduled session of 2010.
Based on practices in other courts, the ad hoc committee could include two Council members, two attorneys, two lay persons with interest or experience in legal matters, a member of the City Attorney's staff and a member of the Public Defender's Office.
ALTERNATIVES ANALYZED
The City Council may:
- Adopt the attached resolution creating an ad-hoc Council committee of eight to screen Municipal Judge applicants and recommend a nominee to the Council by Dec. 20;
- Appoint a Council subcommittee to screen Municipal Judge candidates and recommend a nominee to the Council by Dec. 17; or
- Conduct interviews of candidates as a committee of the whole and vote Dec. 20 on the selected candidate.
FINANCIAL IMPACT
There is no major anticipated cost to any of the alternatives. The Municiplal Judge's position is budgeted in Fiscal Year 2011, with the salary set at 80% of a District Court Judge's salary ($85,496) according to Resolution #05-18380.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution creating an 8-member ad hoc Council committee to interview candidates for the Municipal Judge position and recommend a nominee to the Council by Dec. 17 for approval at its Dec. 20, 2010, business session.