Senate bill NO. 224

INTRODUCED BY G. Hertz

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A REPORTING REQUIREMENT FOR THE COURT ADMINISTRATOR RELATED TO DISTRICT COURT JUDGE CASE NUMBERS AND SUBSTITUTIONS; AND AMENDING SECTION 3-1-713, MCA.

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

Section 1. Section 3-1-713, MCA, is amended to read:

"3-1-713. Office of court administrator to report. (1) Each quarter of the fiscal year, the office of court administrator shall report to the law and justice interim committee and the legislative finance committee on the number of civil cases that have been pending for more than 2 years by judicial district. The report must identify:

(1)(a)     the judicial district;

(2)(b)    the number of cases in that district that are pending for more than 2 years but less than 3 years;

(3)(c)     the number of cases in that district that are pending for more than 3 years but less than 4 years;

(4)(d)    the number of cases in that district that are pending for more than 4 years but less than 5 years; and

(5)(e)     the number of cases in that district that are pending for more than 5 years.

(2)        By September 1 of each year, the office of court administrator shall report to the law and justice interim committee in accordance with 5-11-210. The report must identify for the previous calendar year:

(a)        the number and type of cases assigned to each district court judge;

(b)        the number of times each judge is substituted; and

(c)        the name of each attorney who requests a substitution of a judge and the number of substitution requests the attorney makes for each judge."

Section 2. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.