2001 Montana Legislature

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SENATE BILL NO. 87

INTRODUCED BY M. WATERMAN

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AN ACT CLARIFYING THE ROLES OF CLERKS OF JUSTICES' COURTS AND CITY COURTS; AND AMENDING SECTIONS 3-10-103 AND 3-11-206, MCA.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 3-10-103, MCA, is amended to read:

     "3-10-103.  County to provide facilities. The board of county commissioners of the county in which the justice of the peace has been elected or appointed:

     (1) shall provide for the justice of the peace justice's court:

     (1)(a)  the office, courtroom, and clerical assistance necessary to enable him the justice of the peace and the clerk of justice's court, if any, to perform his duties conduct business in dignified surroundings;

     (2)(b)  the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary in the proper keeping of the records and files of the judicial office court and the transaction of the business; and

     (3)(c)  the latest edition of the Montana Code Annotated and all official supplements thereto; and

     (2) may provide a clerk of justice's court."



     Section 2.  Section 3-11-206, MCA, is amended to read:

     "3-11-206.  City to provide facilities -- conduct of court business -- electronic filing and storage of court records. (1) The governing body of the city in which the judge has been elected or appointed:

     (a) shall provide for the judge city court:

     (a)(i)  the office space, courtroom, and clerical assistance necessary to enable the judge judge and the clerk of city court, if any, to perform the judge's duties conduct business in dignified surroundings;

     (b)(ii) the books, records, forms, papers, stationery, postage, office equipment, and supplies necessary for the proper keeping of the records and files of the judicial office court and the transaction of business; and

     (c)(iii) one copy of the latest edition of the Montana Code Annotated and all official supplements or immediate access to the code and supplements; and

     (b) may provide a clerk of city court.

     (2)  (a) Except as provided in subsection (2)(b), the The provisions of 3-6-301 through 3-6-302(1) and 3-6-303 concerning conduct of municipal court business apply to the city court.

     (b)  If the governing body of a city establishes by ordinance the position of clerk of city court, 3-6-301 does not apply to the city court.

     (3)  The records of the court may be kept by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to paper records."

- END -




Latest Version of SB 87 (SB0087.ENR)
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