Staff requests Council discuss the Municipal Court Judge salary so staff can bring a resolution to the Jan. 23 regular business meeting for Council's approval.  

Billings City Code currently provides for one elected office of municipal court judge as well as a part-time assistant 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, on November 28, 2022, staff presented an ordinance amendment to BMCC 10-202 which provides for a second elected office of municipal court judge.  Council approved this amendment on second reading of this ordinance on December 12, 2022.

Additionally, Montana Code requires City Council to set the salary for municipal court judge by ordinance or resolution. (See MCA 3-6-203.) There are no other statutory requirements for setting the salary and Council has the discretion to determine the appropriate salary. 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. Council needs to determine the method and structure and whether to provide for equitable salaries for both offices.  

Currently, the sitting municipal court judge's salary is set at 90% of a district court judge's salary. Council must determine whether the salaries should be set in accordance with district court judges or some other criteria. The initial proposal for a resolution drafted by staff would set both municipal court judges at the same 90% of a district court judge's salary. The proposed 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 judge salaries are set at $142,683 and are scheduled to increase to $148,872 on July 1, 2023.   

As a reference point, the following information was obtained from other jurisdictions:

Bozeman City Commission sets the municipal court judge salaries by resolution and the salaries are equal to the salary of the Chief of Police, which is in the range of $159,555 - $175,335, plus the judges also receive a 15% housing allowance. It is not clear how the Commission determines the actual salary within that range. 

Missoula's municipal court judges' salaries are set at $109,261.36 and are set annually by City Council.

Great Falls appears to have a similar structure as Billings currently has, which is based on the judge's term in office.  The salary is 75% of a district court judge salary for the first term, 80% for the second term, and 90% for a third or subsequent term. There is currently one municipal court judge in Great Falls but they will be adding a second judge following the recent legislation.  It is unknown when, or if, they will consider modifying the salary.

The City Commission of Helena also sets the salary by resolution annually. In June 2022, the salary was set at $102,017, with benefits included the total compensation is $135,819. 

It is important to note that none of the above municipal courts handle the same caseload as the Billings Municipal Court and the above information is provided only to advise Council of the methods used by other jurisdictions.  

No formal action is required at this time. 

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.

Because the workload is the same regardless of the office-holder's term, staff believes it is important to set the salaries of both office holders the same. Experience levels may vary from elected official to elected official but voters elect the person they believe has the best qualifications, skill and ability to perform the duties and functions of the office. Additionally, an equitable salary will most likely attract the most qualified candidates.