Fifth district judge pitched for Flathead County

Dramatic increases in child abuse and criminal cases are at the heart of a Montana Judicial Branch proposal to add a fifth judge to the 11th Judicial District that serves Flathead County.

Flathead’s four district judges and Beth McLaughlin, court administrator for the Montana Supreme Court, met with the county commissioners Tuesday to begin garnering support for an additional judge.

The Montana Judicial Branch wants to add five new judges statewide — two in Yellowstone County, one for Missoula and Mineral counties and one each for Flathead and Cascade counties. The 2017 Legislature will consider the proposal, and if approved the fifth Flathead district judge would take office in January 2019.

The last new judgeships were approved by the 2009 Legislature. That legislation added a fourth judge to Flathead County District Court in 2011.

The expense for a district judge is borne largely by the state, which pays for the judge, support staff and even the office furniture, but the county provides the courtroom and office space for the additional judge and staff.

“We recognize the expense of adding a judge is a burden for the county,” McLaughlin said.

She cited a 20 percent increase in the Flathead district’s caseload from 2009 through 2015. Child abuse and neglect cases are up 43 percent and there has been a 22 percent increase in criminal cases.

A workload study completed last year demonstrated a need for 2.44 additional judges for the Flathead district, she noted.

Even so, “we’re not here to whine about the workload,” McLaughlin said.

District judges expect to work long hours when they are elected to the position, she added. The study showed Flathead judges work an average of 9.5 hours a day, handling well over 1,000 cases a year. In 2015 the four judges processed 5,638 cases.

“I just don’t think there are any lazy judges in Flathead County,” she said.

Because judges are required to hear child abuse and criminal cases first, there’s an inability in Flathead County to get civil cases handled expediently.

More and more people are representing themselves in court cases, and although the judges have been aggressive in sending people to a self-help law center for litigants representing themselves, it still is “a huge drain on judicial time,” McLaughlin said.

Commissioner Phil Mitchell asked how much the Judicial Branch’s proposal would cost. McLaughlin said she couldn’t yet give specific numbers for the fifth Flathead judge, but the state’s cost of judicial and staff salaries and benefits, plus operating costs, is estimated at $2.6 million in the 2019 biennium.

“How do we gauge if the judges are doing their jobs?” Mitchell asked.

McLaughlin said the workload study charted judges’ work in 15-minute increments and should provide insight into productivity.

Commissioner Gary Krueger said he wants to make sure all components of the local judicial system — sheriff, county attorney, judges, staff, public defenders and state — are working together as efficiently as possible.

“It’s got to happen as a team, and when that framework is shown I can easily get on board” for a fifth judge, Krueger said.

Commissioner Pam Holmquist said she has heard about concerns with how the current judicial system is working and stressed efficiency. She asked about space needs and learned an ideal space configuration would include an additional courtroom and four offices for the judge, law clerk, court reporter and judicial assistant.

As the county is poised to add 36 beds to the adult detention system by renovating space where the county attorney offices were located, space is at a premium in the Justice Center.

Judge David Ortley pointed out that District Court, located on the third floor of the Justice Center, has begun sharing courtroom space with Justice Court on the second floor.

“I think that figures into the calculation in the future,” Ortley said.

Prior to 2001, Montana counties were solely responsible for all of the costs of operating district courts, but legislation proposed by the Montana Association of Counties shifted the financial responsibility to the state. Counties retained responsibility for space and the costs associated with the clerks of court.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.