I have small town client (Statutory Town Board of Trustees form of government) that holds municipal court once each month. The Board has inquired whether municipal court may be held every other month instead of each month. I have not found any Town ordinances or state law that addresses this issue. Can municipal court be held every other month?
Thanks,
Joe Weaver
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Joe,
Off the top of my head, I can't think of any statutory requirement to hold
Court with any particular frequency. There may be instances where you'd
need to conduct an arraignment (e.g. if a person was arrested without a
warrant - can't have them sit in jail awaiting an initial appearance). But
in those cases, there'd always be the option of OR'ing them.
Even the new statutes on reduction/waiver of fines/costs post-sentencing
shouldn't present a barrier as they require that a cost hearing be set
within 60 days of the sentencing (which would typically be be at a Court
docket). So unless you had more than 60 days between two dockets, I don't
think you would have an issue there. And even if you did have more than a
60 day gap between Court dates, you could always specially set a cost
hearing, or if the Defendant has provided documentary evidence to show that
they are entitled to relief then you could potentially resolve that issue
with a Court order $0'ing out the fines and costs.
It may be that there is something in Title 22 related to misdemeanor cases
that would require a greater frequency. I'm just not aware of anything.
Those are my thoughts.
Matt
On Mon, Apr 15, 2024 at 12:30 PM Joe Weaver via Oama oama@lists.imla.org
wrote:
I have small town client (Statutory Town Board of Trustees form of
government) that holds municipal court once each month. The Board has
inquired whether municipal court may be held every other month instead of
each month. I have not found any Town ordinances or state law that
addresses this issue. Can municipal court be held every other month?
Thanks,
Joe Weaver
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