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Item 3.
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| City Council Regular | |
| Date: | 11/28/2022 |
| Title: | Public Hearing on First Reading - Ordinance creating second Municipal Court Judge office |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review | Yes |
RECOMMENDATION
Staff recommends Council conduct a public hearing and adopt on first reading the ordinance creating a second office of Municipal Court Judge.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Billings City Code currently provides for one elected office of Municipal Court Judge as well as a part-time Municipal Court Judge position that is appointed by the Municipal Court Judge. (See BMCC 10-202.) However, in the 2021 legislative session, the Montana legislature passed a bill that eliminated the ability of a Municipal Court Judge to appoint a part-time assistant judge. The bill became effective April 10, 2022, and Billings Municipal Court is no longer able to employ a part-time assistant judge. Therefore, Section 10-202 needs to be amended to provide for a second elected position of Municipal Court Judge. Montana Code requires City Council to set the number of Municipal Court Judges by ordinance. (See MCA 3-6-201.)
The next opportunity to hold an election for Municipal Court Judge is November 2023. This will provide for staggered terms because the Honorable Sheila Kolar was re-elected to a term as Municipal Court Judge in November 2021. This ordinance should be adopted at the beginning of 2023 to provide adequate time for suitable candidates to consider filing to run for this office. The primary election for municipal offices is held in September and candidate filing begins in April.
The next opportunity to hold an election for Municipal Court Judge is November 2023. This will provide for staggered terms because the Honorable Sheila Kolar was re-elected to a term as Municipal Court Judge in November 2021. This ordinance should be adopted at the beginning of 2023 to provide adequate time for suitable candidates to consider filing to run for this office. The primary election for municipal offices is held in September and candidate filing begins in April.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve. If Council does not approve this ordinance, a second office of Municipal Court Judge will not be created.
FISCAL EFFECTS
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.