The Municipal Court of the City is hereby established pursuant to State law under Montana Code Annotated Title 3, Chapter 6, Section 3-6-101 et seq. It is specifically recognized by the City that its Municipal Court is established for all intents and purposes set forth in the State law and for all purposes that may be reasonably inferred therefrom. The Municipal Court shall assume continuing jurisdiction over all pending City court cases.
(Ord. 1246 § 2-58)
Pursuant to State law, the position of Municipal Court Clerk is established within the Municipal Court. The Municipal Court Clerk shall assist the Municipal Court Judge in the recording and signing of court proceedings as well as in creating, maintaining and retaining Municipal Court records. The City Council shall set the salary of the Municipal Court Clerk and provide for other necessary expenses that may be incurred in operating the Municipal Court.
(Ord. 1246 § 2-59)
A Municipal Court Judge must have the same qualifications as a judge of a district court, as set forth in Article VII, Section 9, of the 1972 Montana Constitution, except that a Municipal Court Judge need only be admitted to the practice of law in the State for at least three years prior to the date of appointment or election. A Municipal Court Judge must be a resident and voter in Flathead County at the time of election.
(Ord. 1465, 7-7-2003)
There shall be one Municipal Court Judge. The Municipal Court Judge shall be a full time judge and shall not be employed in addition to his or her employment as municipal judge.
(Ord. 1246 § 2-61)
When a judge of a Municipal Court has been disqualified or is sick or unable to act, the judge shall call in a justice of the peace for a justice's court established as a court of record provided for in Montana Code Annotated 3-10-101, another Municipal Court Judge, a retired justice of the peace for a justice's court established as a court of record, a retired Municipal Court Judge, or an attorney of the county in which the court is located, to act as a judge pro tempore. The judge pro tempore has the same power and authority as the Municipal Court Judge.
(Ord. 1465, 7-7-2003)
The judge of the Municipal Court shall have all duties imposed by State law and higher courts. The judge shall also have the duties imposed by City ordinances. The judge shall hear and determine all suits, actions, prosecutions instituted in the Municipal Court pursuant to State law and ordinances of this City. Before entering upon the duties of his or her office and within 10 days after receiving notice of election, the Municipal Judge shall qualify by executing a bond in favor of the City to be approved as other bonds in the sum of $2,000 lawful money of the United States, conditioned that he or she will truly, faithfully and fully perform the duties of the office of Municipal Judge required of him or her by law, and the provisions of this Code or other ordinances of the City which now are or shall hereafter at any time be ordained; that he or she will render a just and true account of all monies which may at any time come into his or her hands belonging to the City, and pay the same over, immediately on receipt of the same, and deliver over to his or her successor in office or to any person authorized by law or ordinances to receive the same, all books, papers, records and other things pertaining to his or her office which belong to the City. The bond and oath of office shall be filed with the office of the City Clerk.
(Ord. 1246 § 2-63)
A. 
Fixed by Ordinance or Resolution: Pursuant to Montana Code Annotated Section 3-6-203, the salary of the Municipal Court Judge may be fixed by ordinance or resolution.
B. 
Expenses: In addition to the foregoing, the Municipal Court Judge shall receive his or her actual and necessary traveling expenses and all other necessary expenses as budgeted in the City's annual budget.
(Ord. 1246 § 2-64)
Pursuant to State law, an appeal to District Court from a Municipal Court judgment shall be permitted in the following cases:
A. 
In civil causes, the amount in controversy must exceed $1,000;
B. 
In criminal causes, the amount in controversy, fine or restitution must exceed $300, except if the judgment includes incarceration, no minimum fine is required for an appeal; or
C. 
Upon petition of an aggrieved party, the district court may, in the interests of justice, accept appeal jurisdiction notwithstanding the amount in controversy.
(Ord. 1356, 7-10-2000)
An appeal to the District Court from a judgment of the Municipal Court is confined to review of the record and questions of law, subject to the Supreme Court's rule making and supervisory authority.
(Ord. 1246 § 2-66)
The record on appeal from Municipal Court to District Court shall consist of an electronic recording or stenographic transcription of the case tried, together with all papers filed in the action.
(Ord. 1246 § 2-67)
The district court may affirm, reverse or amend any appealed order or judgment and may direct the proper order or judgment to be entered or direct that a new trial or further proceeding be had in the Municipal Court.
(Ord. 1246 § 2-68)
A. 
There is hereby established the following fees to be levied by the Municipal Court in the disposition of civil proceedings, except for proceedings under Title 40, Chapter 15, Montana Code Annotated:
1. 
At the commencement of each action or proceeding, from the plaintiff or petitioner, $35;
2. 
From each defendant or respondent, on appearance, $20;
3. 
For all filings with the court, ten dollar ($10.00) court security and technology fee;
4. 
On entry of judgment, from the prevailing party, $20;
5. 
For preparing copies of papers on file in the court office, fifty cents ($0.50) a page for the first five pages of each file, for each request, and twenty-five cents ($0.25) for each additional page;
6. 
For each facsimile transmission, one dollar ($1.00) a page;
7. 
For each certificate, with seal, $2;
8. 
For search of court records, fifty cents ($0.50) for each year searched, not to exceed a total of $25;
9. 
For issuing an execution, $5;
10. 
For filing a motion for substitution of a judge, $40;
11. 
For duplicating the court record for appeal, $5.
B. 
All funds paid to the court under this section shall be deposited with the City Finance Department and credited to the general fund of the City.
C. 
The City of Kalispell and all departments of the City of Kalispell are hereby exempt from payment of the Municipal Court fees set forth in subsection A of this section.
(Ord. 1304, 3-15-1999; amd. Ord. 1432, 8-5-2002; Ord. 1525, 3-7-2005; Ord. 1649, 11-17-2008; Ord. 1738, 5-19-2014)
There is hereby established the following fees and charges to be levied by the Municipal Court in the disposition of all criminal and traffic citations and complaints:
A. 
Fees:
1. 
The general administrative court fee at the time of posting bond for all criminal cases pending in the Municipal Court of the City shall be $10, in addition to the regular bond. This administrative fee shall be paid at the time of posting of bond. If, at a later date, the municipal judge or a jury finds the defendant not guilty, the fee will be returned to the defendant. If the defendant forfeits the administrative fee shall also be forfeited.
2. 
A twenty dollar ($20.00) court fee, in addition to the regular fine, shall be assessed against any person who appears in the Municipal Court, and is convicted of the charges brought against him or her. This twenty dollar ($20.00) court fee shall not be assessed until a conviction has been reached by either the judge or jury. This twenty dollar ($20.00) court fee is to be paid along with the regular fine, and is to cover the court costs incurred in the action. If a defendant has previously posted a court fee for posting bond, the defendant shall pay the difference between the amount of the bond fee and the twenty dollar ($20.00) court fee upon receiving a guilty verdict.
3. 
In addition to each fine there shall be a ten dollar ($10.00) court security and technology surcharge. This surcharge will be assessed against the defendant at the time he or she is sentenced.
4. 
There shall be levied and assessed upon any contract allowing the payment of fines, costs and charges to the Municipal Court on an installment basis an administrative fee of $10 for each contract. The Municipal Court shall assess interest on all contracts in court at the maximum amount allowed by law on judgments.
5. 
The Municipal Judge shall impose a compliance fee of up to $60 per month on all defendants given a deferred or suspended sentence that requires the court staff to verify defendant's continuing compliance with the conditions of the sentence.
6. 
There shall be a five dollar ($5.00) fee for duplicating the court records for all appeals.
7. 
If a not guilty verdict is returned by either the judge or the jury, there shall be no court fee assessed against the defendant. All defendants receiving a deferred sentence shall pay the court fees set forth in subsections (A)(1) and (2) of this section as well as the fees set forth in subsections (A)(3) and (4) of this section, if applicable.
8. 
Except as to subsection (A)(4) of this section, the Municipal Judge shall have no discretion in levying the court fee, and all defendants who are found guilty either by plea, the judge, or a jury shall be responsible for said court fee.
9. 
No court fee shall be assessed against the defendant in any case involving a parking violation.
B. 
Administrative Fees: Included in each fine is a five dollar ($5.00) court security and technology surcharge. There shall be levied and assessed upon any contract allowing the payment of fines, costs, and charges to the Municipal Court on an installment basis an administrative fee of $10 for each contract. There shall be a five dollar ($5.00) fee for duplicating the court records for all appeals.
C. 
Interest: The Municipal Court shall assess interest on all contracts in court at the maximum amount allowed by law on judgments.
(Ord. 1526, 3-7-2005; amd. Ord. 1648, 11-17-2008)
A. 
The Kalispell Municipal Court may establish a Drug or Alcohol Treatment Court in the City of Kalispell and, if established, may set rules for operation of the Treatment Court.
B. 
The Kalispell Municipal Court may propose fees to be charged to participants in the Treatment Court program, which shall be set by resolution of the City Council.
C. 
If established, the Kalispell Municipal Treatment Court is authorized to seek funding for its operation, is authorized to apply for any available grant funding, and may accept donations from individuals or businesses for its operation.
(Ord. 1608, 6-4-2007)