§ 46-78. Powers and duties.

(a)

The municipal judges shall have jurisdiction to hear and determine, without a jury and without a record of the testimony, all violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law.

(b)

The municipal judges may sit as a committing court in all felonies committed in the municipality, shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the accused, and to refuse bail and commit the accused to jail in cases not bailable. Since the municipal judge is a conservator of the peace within the municipality, he may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of the law within the municipality may be brought before him for initial appearance.

(c)

The municipal judges may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for arrest and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.

(d)

The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing, filed with the administrator of the municipal court.

(e)

In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.

(f)

The municipal judges shall follow the guidelines set forth in MCA 1972, § 21-23-7 concerning the appointment of counsel for indigents, the expungement of record of convictions, and the considerations to be made in sentencing. In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed. The municipal judges are hereby authorized to suspend the sentence, and to suspend the execution of the sentence, or any part thereof, on such terms imposed by them. However, the suspension of imposition or execution of a sentence under this subsection may not be revoked after a period of two years.

(g)

The city council shall have power to remit fines and forfeitures, and to vacate and annul the penalties of all kinds, for offenses against the ordinances of the municipality. Reasons for the remission and vacation of fines, penalties and forfeitures must be entered on the minutes by the clerk, together with and as a part of the order so doing.

(Code 1971, § 11-34)