House bill NO. 239

INTRODUCED BY B. Ler, C. Knudsen, R. Knudsen, J. Kassmier, P. Tuss, G. Kmetz

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO WHO MAY SERVE AS A JUDGE PRO TEMPORE IN JUSTICES' COURTS; AMENDING SECTION 3-10-116, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

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

Section 1. Section 3-10-116, MCA, is amended to read:

"3-10-116. Disqualification of justice of peace for justice's court of record -- judge pro tempore. (1) When a justice of the peace for a justice's court of record has been disqualified or is sick or unable to act, the justice shall call in another justice of the peace for a justice's court of record, another justice of the peace for a justice's court not of record, a municipal court judge, a judge for a city court of record, a judge for a city court not of record, a retired justice of the peace for a justice's court of record, a retired municipal court judge, a retired judge for a city court of record, an a licensed Montana attorney on active, inactive, or senior status, or the clerk of the justice's court of record to act as a judge pro tempore.

(2)        (a) Except as provided in subsection (2)(b), the judge pro tempore has the same power and authority as the justice of the peace for the justice's court of record.

(b)        A clerk of a justice's court of record acting as a judge pro tempore may not preside over a trial but may preside over an initial appearance."

Section 2. Effective date. [This act] is effective on passage and approval.