Plan gets strong backing

A bill that would add six judges to Montana district courts, including one in Flathead County, got strong support in a legislative hearing this week.

Senate Bill 158, sponsored by Sen. Greg Barkus, R-Kalispell, got a hearing before the Senate Judiciary Committee on Monday.

"It went very well," Barkus said in an interview from Helena. "We had excellent representation from the bench."

The committee heard from multiple district judges, including Flathead District Judge Katherine Curtis. The other Flathead district judges, Stewart Stadler and Ted Lympus, were present for the hearing.

Barkus said supporters, who included clerks of court, emphasized that additional judges are a Constitutional necessity for state courts to be "open to every person" and provide a 'speedy remedy" to litigation.

"Justice delayed is justice denied," Barkus said.

A 2006 survey of state courts found "pretty good evidence of the districts that have severe deficiencies in judicial coverage," Barkus said.

The survey examined not only the backlog of cases in courts but also the workloads courts carry because some cases involve much more work than others, Barkus explained.

The bill would increase the number of judges from three to four in each of the Missoula, Flathead and Gallatin districts. In Cascade County, judges would be increased from four to five and in Yellowstone County from five to seven.

The bill comes with a fiscal note outlining the costs of the judges, staffing, courtroom facilities and even robes for the judges. The only opposition to the bill, Barkus said, came in a letter from Gov. Brian Schweitzer that basically said it will cost "too much money" in light of the state's tight fiscal outlook.

To make the bill more appealing, Barkus said he amended it to phase in the new positions. New judges for the Flathead and Lewis and Clark judicial districts, for example, would not take office until 2011.

For 2010, the total annual projected cost would be $506,608, but would increase to $1.8 million by the time all six additional judges are elected in 2012.

Barkus predicted the bill will clear the committee and he believes it has strong support in the Senate, but he would not venture to guess whether it can pass the House or the governor's office.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com