Chapter 2.08
CITY JUDGE

Sections:

2.08.010    Office established.

2.08.020    Selection--Term of office.

2.08.030    Qualifications.

2.08.040    Powers, duties and hours.

2.08.050    Compensation and expenses.

2.08.060    Deposit of funds.

2.08.070    Filling of vacancy.

2.08.010 Office established.

There is established the office of city judge for the town. (Ord. 141 (part), 1990)

2.08.020 Selection--Term of office.

A.    The person holding the office of city judge shall be nominated, and with the consent of the town council, appointed by the mayor of the town. The town shall advertise for the position, shall state the qualifications and shall make the appointment as set forth in this chapter.

B.    The city judge shall hold office for a term of four years. A city judge shall continue to hold office until the qualification of a successor. (Ord. 141 (part), 1990)

2.08.030 Qualifications.

A.    At the time of appointment, the city judge shall, before entering upon the duties of the office, take the constitutional oath of office, which must be filed with the town clerk.

B.    Before the town clerk may file the oath, the appointed city judge must satisfy the clerk that the appointee is either:

1.    An attorney at law authorized to practice law in the state of Montana;

2.    A person who has held the office of justice of the peace or city judge within the preceding five years; or 3. A person who has completed the orientation course of study held under the direction of the Supreme Court or has been excused by the Supreme Court. If a person is appointed after the course is offered, the appointee must agree to take the course at the next offering, and upon failure to do so, will be disqualified.

C.    The city judge must be a resident of Gallatin County, Montana; and

D.    The city judge must maintain residency within the county during the term of office. (Ord. 141 (part), 1990)

2.08.040 Powers, duties and hours.

A.    The city judge shall have those powers and duties as are provided by state law.

B.    The normal hours of city court shall be set by resolution of the town council. (Ord. 141 (part), 1990)

2.08.050 Compensation and expenses.

The annual salary of the judge shall be established by the town council by majority vote by ordinance or resolution. In addition to the salary the city judge shall receive actual and necessary travel expenses incurred in performing official duties as provided by state law. The position of city judge being less than forty hours per week, the office of city judge will not be entitled to nor subject to any requirements of overtime compensation pay. Neither shall the office be subject to the specific provisions of the statutes regarding vacation and sick leave. It is declared by this chapter that the city judge shall be allowed eight days of paid vacation annually, but such leave shall not accrue; that is, the annual leave cannot be carried over for use in a subsequent year. The city judge shall not be entitled to receive any compensation for the loss of such annual leave whether occasioned by failure to take time off, by resignation, by recall or by failure to be reappointed. For purposes of participation in the town’s group health insurance program, this position shall be considered one-half time. (Ord. 199, 1998; Ord. 141 (part), 1990)

2.08.060 Deposit of funds.

A.    All moneys, from whatever source, collected under the jurisdiction of the city judge shall be deposited and managed in accordance with the applicable statutes of the state of Montana.

B.    So long as the rules of the Montana Supreme Court or the statutes of the state of Montana do not require otherwise, all such moneys shall be deposited daily with the financial administrator of the town as directed by the director of finance of the town.

C.    In order to establish appropriate control money deposited temporarily for bonds, appearance bonds, etc., there is created a trust fund into which all such money shall be placed. Upon final disposition of any matter to which such a deposit pertains, such money shall immediately be disbursed from the trust fund of the financial administrator of the town as directed by the city judge under the mandates of the statutes of the state of Montana. (Ord. 141 (part), 1990)

2.08.070 Filling of vacancy.

Should a vacancy occur in the office of city judge, the position shall be filled for the remainder of the term using the same method of selection as set forth in subsection A of Section 2.08.020. (Ord. 141 (part), 1990)