Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 10. JUSTICES' COURTS · Part 3. Jurisdiction of Justices' Courts
Montana Code Annotated

Mont. Code Ann. § 3-10-303 (2026)

Criminal Jurisdiction

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 10
  4. Part 3
  5. 3-10-303 Criminal jurisdiction

TITLE 3. JUDICIARY, COURTS

CHAPTER 10. JUSTICES' COURTS

Part 3. Jurisdiction of Justices' Courts

Criminal Jurisdiction

3-10-303. Criminal jurisdiction. (1) The justices' courts have jurisdiction of public offenses committed within the respective counties in which the courts are established as follows:

(a) except as provided in subsection (2), jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both;

(b) jurisdiction of all misdemeanor violations of fish and game statutes punishable by a fine of not more than $1,000 or imprisonment for not more than 6 months, or both;

(c) concurrent jurisdiction with district courts of all misdemeanors punishable by a fine exceeding $500 or imprisonment exceeding 6 months, or both;

(d) concurrent jurisdiction with district courts of all misdemeanor violations of fish and game statutes punishable by a fine exceeding $1,000 or imprisonment exceeding 6 months, or both;

(e) jurisdiction to act as examining and committing courts and for that purpose to conduct preliminary hearings;

(f) jurisdiction of all violations of Title 61, chapter 10; and

(g) all misdemeanor violations of Title 81, chapter 8, part 2.

(2) In any county that has established a drug treatment court or a mental health treatment court, the district court, with the consent of all judges of the courts of limited jurisdiction in the county, has concurrent jurisdiction of all misdemeanors punishable by a fine not exceeding $500 or imprisonment not exceeding 6 months, or both.

History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 11, Ch. 314, L. 1969; amd. Sec. 6, Ch. 465, L. 1977; Sec. 95-302, R.C.M. 1947; Ap. p. Sec. 68, C. Civ. Proc. 1895; re-en. Sec. 6288, Rev. C. 1907; re-en. Sec. 8842, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 115; re-en. Sec. 8842, R.C.M. 1935; amd. Sec. 13, Ch. 420, L. 1975; Sec. 93-410, R.C.M. 1947; R.C.M. 1947, 93-410, 95-302; amd. Sec. 3, Ch. 601, L. 1983; amd. Sec. 1, Ch. 612, L. 1983; amd. Sec. 1, Ch. 52, L. 1985; amd. Sec. 1, Ch. 318, L. 1985; amd. Sec. 1, Ch. 223, L. 1993; amd. Sec. 5, Ch. 393, L. 1999; amd. Sec. 9, Ch. 514, L. 2007.

Notes of Decisions
Cited in 33 cases (4 in the last 5 years), 1980–2025 · leading case: State v. Campbell, 615 P.2d 190 (Mont. 1980).
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State v. Campbell, 615 P.2d 190 (Mont. 1980). · cites it 6× “Section 3-10-303(1), MCA. From the statutes, therefore, District Courts have no jurisdiction of a misdemeanor involving a first conviction or a second conviction of driving while intoxicated.”
State v. Kelly, 668 P.2d 1032 (Mont. 1983). · cites it 6× “It is true that a justice court's criminal jurisdiction is limited under section 3-10-303, MCA, to crimes committed in its county.”
State v. Sidmore, 951 P.2d 558 (Mont. 1997). · cites it 8× “Therefore, to resolve this issue, we must look to § 3-10-303, MCA (1995). We note in our original Opinion issued October 7, 1997, we held that Sidmore’s 1990 BAC conviction should have been expunged from his record pursuant to § 61-8-722(6), MCA (1989).”
State v. Rensvold, 2006 MT 146, 139 P.3d 154. · cites it 6× “Section 3-10-303(1)(a), MCA; Art. VII, § 5(2), Mont.”
Schaefer v. Egeland, 2004 MT 199, 95 P.3d 724. · cites it 6× “Section 3-10-303, MCA. A repeat DUI-offender must be sentenced to complete a chemical dependency assessment, a chemical dependency education course, and chemical dependency treatment.”
State v. Davis, 2016 MT 102, 371 P.3d 979. · cites it 3× “” Section 3-10-303(l)(a), MCA. Justices of the peace are not required to be licensed attorneys.”
State v. Daniel Martz, 2008 MT 340, 196 P.3d 1239. · cites it 14× “As noted, the former states that district courts have original jurisdiction in “all cases of misdemeanor not otherwise provided for.”
State v. Knippel, 2018 MT 144, 419 P.3d 1229. · cites it 8× “Ordinary misdemeanors are misdemeanor offenses, described by § 3-10-303(1)(a), MCA, punishable by a fine not exceeding $500 and imprisonment not exceeding six months.”
State v. Wilson, 631 P.2d 1273 (Mont. 1981). · cites it 3× “That case held that district courts do not have jurisdiction over misdemeanor charges otherwise provided for, citing section 3-5-302(l)(d), MCA; jurisdiction over misdemeanors punishable by a fine not exceeding six months was found to be given to justice courts under section…”
State v. Barker, 858 P.2d 360 (Mont. 1993). · cites it 2× “; § 46-2-202, MCA; § 3-10-303, MCA. Jeopardy attached when the State swore in its first witness in the Justice *91 Court.”
Woirhaye v. Montana Fourth Jud. Districtcourt, 1998 MT 320, 972 P.2d 800. · cites it 2× “Inasmuch as the offense was a misdemeanor, the complaint was brought before the Missoula County Justice of the Peace, pursuant to § 3-10-303, MCA. ¶4 Woirhaye asserted his right to a jury trial at that proceeding, and the justice court jury convicted him of the DUI charge.”
City of Great Falls v. Dir. of the Dep't of Pub. Health & Human Servs., 2002 MT 108, 47 P.3d 836. · cites it 2× “Section 3-6-103, MCA (municipal court jurisdiction generally); § 3-10-303, MCA (coordinate jurisdiction with justices’ courts over misdemeanors punishable by a fine less than $500 or imprisonment for less than six months); § 3-11-103, MCA (exclusive jurisdiction over violations…”
Show all 33 citing cases →
Mont. Code Ann. § 3-10-303(1): 8 cases
State v. Campbell, 615 P.2d 190 (Mont. 1980). “Section 3-10-303(1), MCA. From the statutes, therefore, District Courts have no jurisdiction of a misdemeanor involving a first conviction or a second conviction of driving while intoxicated.”
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “Therefore, to resolve this issue, we must look to § 3-10-303, MCA (1995). We note in our original Opinion issued October 7, 1997, we held that Sidmore’s 1990 BAC conviction should have been expunged from his record pursuant to § 61-8-722(6), MCA (1989).”
State v. Wilson, 631 P.2d 1273 (Mont. 1981). “That case held that district courts do not have jurisdiction over misdemeanor charges otherwise provided for, citing section 3-5-302(l)(d), MCA; jurisdiction over misdemeanors punishable by a fine not exceeding six months was found to be given to justice courts under section…”
State v. Trimmer, 694 P.2d 490 (Mont. 1985).
State v. Abrams, 680 P.2d 585 (Mont. 1984).
Mont. Code Ann. § 3-10-303(1)(a): 7 cases
State v. Rensvold, 2006 MT 146, 139 P.3d 154. “Section 3-10-303(1)(a), MCA; Art. VII, § 5(2), Mont.”
State v. Knippel, 2018 MT 144, 419 P.3d 1229. “Ordinary misdemeanors are misdemeanor offenses, described by § 3-10-303(1)(a), MCA, punishable by a fine not exceeding $500 and imprisonment not exceeding six months.”
City of Helena v. Frankforter, 2018 MT 193, 423 P.3d 581.
State v. Joel Boniek, 2014 MT 313N.
R. Skurdal v. J. Walker, 2025 MT 174, 573 P.3d 762.
Mont. Code Ann. § 3-10-303(1)(c): 5 cases
State v. Daniel Martz, 2008 MT 340, 196 P.3d 1239. “As noted, the former states that district courts have original jurisdiction in “all cases of misdemeanor not otherwise provided for.”
State v. Knippel, 2018 MT 144, 419 P.3d 1229. “Ordinary misdemeanors are misdemeanor offenses, described by § 3-10-303(1)(a), MCA, punishable by a fine not exceeding $500 and imprisonment not exceeding six months.”
State v. Rensvold, 2006 MT 146, 139 P.3d 154. “Section 3-10-303(1)(a), MCA; Art. VII, § 5(2), Mont.”
R. Skurdal v. J. Walker, 2025 MT 174, 573 P.3d 762.
State v. Joel Boniek, 2014 MT 313N.
Mont. Code Ann. § 3-10-303(2): 3 cases
State v. Rensvold, 2006 MT 146, 139 P.3d 154. “Section 3-10-303(1)(a), MCA; Art. VII, § 5(2), Mont.”
Mosely v. Lake Cnty., 845 P.2d 732 (Mont. 1993).
H. Leal De La Hoz v. J. Kowalski, No. OP 22-0350 (Mont. July 28, 2022).
Mont. Code Ann. § 3-10-303(3): 3 cases
State v. Sidmore, 951 P.2d 558 (Mont. 1997). “Therefore, to resolve this issue, we must look to § 3-10-303, MCA (1995). We note in our original Opinion issued October 7, 1997, we held that Sidmore’s 1990 BAC conviction should have been expunged from his record pursuant to § 61-8-722(6), MCA (1989).”
State v. Koehn, 1998 MT 234, 966 P.2d 143.
Mosely v. Lake Cnty., 845 P.2d 732 (Mont. 1993).
Mont. Code Ann. § 3-10-303(l)(a): 2 cases
State v. Davis, 2016 MT 102, 371 P.3d 979. “” Section 3-10-303(l)(a), MCA. Justices of the peace are not required to be licensed attorneys.”
State v. Brockway, 2005 MT 179, 116 P.3d 788.
Mont. Code Ann. § 3-10-303(l)(c): 1 case
State v. Brockway, 2005 MT 179, 116 P.3d 788.
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