Whitefish considers municipal court move

The Daily Inter Lake

The Whitefish City Council begins discussion tonight about the pros and cons of changing its city court to a municipal court.

The topic came up recently when newly hired City Manager Chuck Stearns met with City Judge Brad Johnson and Interim Manager Dennis Taylor. In a memo sent to the council, Stearns said Missoula had a municipal court when he worked there as finance director and city clerk, "and it seemed to work well."

A municipal court is a court of record and must have a recording system for audio recording of all proceedings. Whitefish City Court already has an ample recording system, according to Stearns.

Appeals of municipal court decisions are limited to a review of the record and questions of law subject to the Supreme Court's rule-making, but if a City Court decision is appealed to District Court, a new trial is required, rendering the original city prosecution "meaningless and a waste of time," Stearns said.

Municipal courts also can take a few additional types of cases beyond those allowed in a city court, so the caseload could increase slightly, Stearns said. But restitution and revenue also could increase accordingly, he added.

"All the information I have heard so far leads me to believe that switching to a municipal court would be advantageous and a cost-savings change," Stearns advised in his council memo.

A municipal court also must have a licensed attorney admitted to the Montana Bar. Johnson meets that requirement, but anyone meeting the residency and training requirements of a justice of the peace currently can seek the position of city judge.

IN OTHER business, the council has two public hearings on the agenda. The first deals with revisions to the Public Works Department's 1997 engineering standards for design and construction. The second hearing is an ordinance for a zoning text amendment to allow boat and recreation vehicle storage in various business and resort-residential districts.

A work session at 5 p.m. begins with a presentation on the Beaver/Swift/Skyles timber sale proposal. Council members will spend from 6 to 7 p.m. discussing the proposed revisions to the engineering standards for design and construction that are the focus of a public hearing later in the evening.

The regular meeting begins at 7:10 p.m.; both meetings are at Whitefish City Hall.