City of Missoula v. Franklin

The Supreme Court reversed the decision of the district court affirming the order of the Missoula Municipal Court’s denying Defendant’s motion to strike a twenty-five-dollar surcharge to fund the city attorney’s office after she pleaded no contest to disorderly conduct, holding that the Municipal Court exceeded its statutory authority by imposing the surcharge.Specifically, the Supreme Court held that because the Municipal Court’s written sentencing order included a surcharge that imposed a greater burden on Appellant than what Montana statutes allow for an offense made criminal by state law, the surcharge portion of the sentence was illegal. The Supreme Court remanded the matter with instructions that the Municipal Court strike the surcharge. View "City of Missoula v. Franklin" on Justia Law