Municipal Court Judge Mary Jane Knisely was elected to the District Court and will assume her new job on Jan. 3, leaving a vacancy that must be filled by the City Council until the next City election.  The advertised deadline for applications was Dec. 10, 2010, and four individuals applied.  The Council at its Nov. 22 business session appointed a subcommittee consisting of the Mayor and Council Members Angela Cimmino, Dick Clark, Denis Pitman and Vince Ruegamer to interview applicants and make a recommendation to the City Council for action at its meeting on Dec. 20.   The subcommittee recommended Colette Davies, the part-time Municipal Court Judge.  At the Dec. 20 meeting, one Council member was absent and another recused himself from voting because of a family friendship with the applicant recommended by the subcommittee.  The Council could not achieve a 6-member majority needed to approve any applicant, and voted to defer the matter to a special meeting on Jan. 3, 2011.

• Accept the recommendation of the Council subcommittee and appoint Collette Davies, the current part-time Municipal Court Judge, to an approximately 1-year term until the next City election;
• Appoint another candidate, which will require that individual to request a temporary certificate and waiver of training for a new judge from the Supreme Court of Montana Courts of Limited Jurisdiction.  Until the waiver is granted, a Justice or District Court Judge will need to handle Municipal Court first appearances in addition to their own schedules, since first appearances must be held within 48 hours of an arrest by State law; or
• Delay the appointment further.  This also will require finding a Justice or District Court judge to handle municipal first appearances in addition to their own schedules to ensure first appearances within 48 hours of arrest.