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Municipal Courts

JW
Joe Weaver
Mon, Apr 15, 2024 5:30 PM

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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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 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
ML
Matt Love
Tue, Apr 16, 2024 9:05 PM

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

NOTICE: The information contained in this transmission is or may be
protected by the attorney-client and/or the attorney work product privilege
and is confidential. It is intended only for the use of the individual or
entity identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete
the original message from your system. Circular 230 Disclosure: To ensure
compliance with requirements imposed by the IRS, we inform you that any
U.S. federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be used, for
the purpose of (i) avoiding penalties under the Internal Revenue Code or
(ii) promoting, marketing or recommending to another party any transaction
or matter addressed herein.

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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 > > > > *NOTICE: The information contained in this transmission is or may be > protected by the attorney-client and/or the attorney work product privilege > and is confidential. It is intended only for the use of the individual or > entity identified above. If the reader of this message is not the intended > recipient you are hereby notified that any dissemination or distribution of > the accompanying communication is prohibited. No applicable privilege is > waived by the party sending this communication. If you have received this > communication in error, please notify us immediately by reply and delete > the original message from your system. Circular 230 Disclosure: To ensure > compliance with requirements imposed by the IRS, we inform you that any > U.S. federal tax advice contained in this communication (including any > attachments) is not intended or written to be used, and cannot be used, for > the purpose of (i) avoiding penalties under the Internal Revenue Code or > (ii) promoting, marketing or recommending to another party any transaction > or matter addressed herein.* > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >