Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY · Part 16. District Court Council -- Judiciary Branch Account
Montana Code Annotated

Mont. Code Ann. § 3-1-1602 (2026)

District Court Council -- Appointment -- Composition -- Duties -- Staggered Terms -- Staff

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 1
  4. Part 16
  5. 3-1-1602 District court council -- appointment -- composition -- duties -- staggered terms -- staff

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 16. District Court Council -- Judiciary Branch Account

District Court Council -- Appointment -- Composition -- Duties -- Staggered Terms -- Staff

3-1-1602. District court council -- appointment -- composition -- duties -- staggered terms -- staff. (1) There is a district court council. The council must be composed of nine members as follows:

(a) the chief justice of the supreme court or a designee of the chief justice;

(b) four district court judges elected by district court judges, one of whom must be from a judicial district that does not contain a first-class city as provided in 7-1-4111; and

(c) the following ex officio, nonvoting members appointed by the supreme court:

(i) one chief juvenile probation officer nominated by the Montana juvenile probation officers association;

(ii) one clerk of the district court nominated by the Montana association of clerks of district courts;

(iii) one county commissioner nominated by the Montana association of counties; and

(iv) one court reporter nominated by the Montana court reporters association.

(2) The chief justice or the chief justice's designee shall serve as the presiding officer of the council and shall appoint a vice presiding officer to act in the absence of the presiding officer.

(3) The district court council shall develop and adopt policies and procedures, subject to review by the supreme court, to administer the state funding of district courts. The policies and procedures must address but not be limited to the following issues related to district courts:

(a) workload;

(b) resource allocation among the district courts;

(c) hiring policies;

(d) court procedures;

(e) information technology;

(f) for court reporters, work schedules, transcript fees, and equipment; and

(g) other issues regarding the state funding of district courts.

(4) Each district court judge shall retain the inherent power to select and appoint the judge's own necessary assistants and employees and to direct the performance of their duties.

(5) The chief justice of the supreme court shall serve on the council during the term of election or appointment. Other members shall serve staggered 3-year terms.

(6) The court administrator shall provide sufficient support to the council to allow it to carry out its statutory duties.

(7) The council shall provide reports to the legislature and supreme court upon request.

History: En. Sec. 5, Ch. 585, L. 2001.

Notes of Decisions
Cited in 8 cases (7 in the last 5 years), 2020–2024 · leading case: McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777.
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McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777. · cites it 2× “…Court judges), 8(2) (appointment of replacements for judicial vacancies); § 3-7-221, MCA (water judge appointment); § 3-1-1602, MCA (district court council); § 3-1-1101, MCA (judicial standards commission); § 3-1-901, MCA (judicial vacancies); § 3-1-710, MCA (guardianship).…”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. July 15, 2020). · cites it 3× “Pursuant to § 3-1-1602(1)(c)(iv), an election was held by the Montana Court Reporters Association and Court Reporter Glenda Travitz was re-elected as the Court Reporter member to the District Court Council.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Jan. 12, 2021). · cites it 2× “Therefore, and with thanks to Ms. Parker for her service on the District Court Council, IT IS ORDERED that Phyllis D.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. May 20, 2021). · cites it 2× “Pursuant to § 3-1-1602, MCA, an election was held by the Montana Judges Association and Judge Todd as re-elected as the District Court Judge, Position 2 member to the Council, Now,therefore, I, Mike McGrath, Chief Justice of the Supreme Court of the State of Montana,in…”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Sept. 1, 2021). · cites it 2× “Welch for his service on the District Court Council, IT IS ORDERED that Christine Kowalski is hereby appointed to the District Court Council to serve the remainder of Mr.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. July 20, 2022). · cites it 2× “It is ORDERED that Christine Kowalski is hereby reappointed as a member of the District Court Council to a three-year term expiring on June 30, 2025.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Nov. 14, 2023). · cites it 2× “Pursuant to § 3-1-1602(1)(b), MCA, an election was held by the Montana Judges Association and Judge Eddy was re-elected as the District Court Judge, Position 3 member to the District Court Council.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. May 21, 2024). · cites it 2× “IT IS HEREBY ORDERED that Shelley Bryan is hereby appointed to the District Court Council to serve for a three-year term expiring on June 30, 2027.”
Mont. Code Ann. § 3-1-1602(1)(b): 1 case
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Nov. 14, 2023). “Pursuant to § 3-1-1602(1)(b), MCA, an election was held by the Montana Judges Association and Judge Eddy was re-elected as the District Court Judge, Position 3 member to the District Court Council.”
Mont. Code Ann. § 3-1-1602(1)(c)(ii): 2 cases
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Jan. 12, 2021). “Therefore, and with thanks to Ms. Parker for her service on the District Court Council, IT IS ORDERED that Phyllis D.”
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. May 21, 2024). “IT IS HEREBY ORDERED that Shelley Bryan is hereby appointed to the District Court Council to serve for a three-year term expiring on June 30, 2027.”
Mont. Code Ann. § 3-1-1602(1)(c)(iii): 1 case
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. July 15, 2020). “Pursuant to § 3-1-1602(1)(c)(iv), an election was held by the Montana Court Reporters Association and Court Reporter Glenda Travitz was re-elected as the Court Reporter member to the District Court Council.”
Mont. Code Ann. § 3-1-1602(1)(c)(iv): 1 case
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. July 15, 2020). “Pursuant to § 3-1-1602(1)(c)(iv), an election was held by the Montana Court Reporters Association and Court Reporter Glenda Travitz was re-elected as the Court Reporter member to the District Court Council.”
Mont. Code Ann. § 3-1-1602(i): 1 case
Elections & Appointments to Dist. Court Council, No. AF 06-0536 (Mont. Sept. 1, 2021). “Welch for his service on the District Court Council, IT IS ORDERED that Christine Kowalski is hereby appointed to the District Court Council to serve the remainder of Mr.”
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