MOSELY v LAKE COUNTY
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IN THE SUPREME COURT-OF THE STATE OF MONTANA No. GREGG A. 92-371 MOSELY Applicant, OPINION v. ; LAKE COUNTY, JUSTICE COURT, LAKE COUNTY, MONTANA, CHARLES 0. WHITSON, JUSTICE OF THE PEACE, J# ; 12 Jg$$ ii ; Respondent. This for matter a writ of supervisory control. the proceedings in regarding Court of came before Lake its exceeded County, writ, the grounds by Mosely Mosely with of necessary facts not to less "guilty $500 Court Court, into of and the 1992, to effects of the brief case are on issues argued. Montana, Ronan. up we certiorari, Lake County, fined Court other issues Lake Mary may be the Justice this neither issues the 12, decide those Mosely Justice of a misdemeanor or mitigate 87-5-721(2), fined is than eliminate Section charge, offense fish the a writ we forth Justice in an opportunity upon which in the A. numerous November parties we set introducing The Justice to the the dated Because alone, was charged of this a fine . . II nor intentionally convicted the issues. jurisdictional whether as one for and provided jurisdictional raised including application raised he was involved By Order Mosely's granted Montana, by Gregg Mosely which jurisdiction. denominated the us on application A person punishable to the by amount violation. . MCA. ultimately him $515, accepted suspended 1 Mosely's his fishing plea of guilty privileges and ordered "restitution "restitution" to to be paid." amount was intended eliminate authorized or by subsequently mitigate received for associated with" effects his of MCA. the "present Lake restitution offense: violation, paid County the amount necessary the Mosely that the fine Attorney's amount as and Office regarding the stated restitution that the Justice for a violation a costs amount "to was not was $1,547.62. Initially, authorized 721(2), it to MCA. deferred is clear impose "restitution" Restitution can be required or suspended. Justice of the from reflects to be the dollar g 87-5-721(2), statement date" The record Court sentence neither See §§ 46-18-241 here. It is equally § 87-5- to impose a fine to mitigate the effects basis, argues that the ordered *'restitutionVV in the On this of the violation. be deemed a "fine" 5-721(2), argument MCA, under jurisdiction is set jurisdictional example, these circumstances. forth of the Even if the misdemeanors contained justices' courts punishable by MCA. therein have a jurisdiction with the district punishable by a fine exceeding $500. this below. criminal For the most part, exclusive concurrent accepted, over are general fine 2 courts can by 3 87- as discussed justices' in 5 3-10-303, grants properly amount as authorized does not change the outcome here, The offenses of the mitigation not in nature: jurisdiction exceeding courts Sections The MCA. that amount necessary the State is imposition, however, court 5 87-5- when a sentence nor deferred clear, a sentencing of and 46-18-201, suspended execution, MCA, authorizes 721(2), only Court the for over $500, and over misdemeanors 3-10-303(l) and 3- lo-303(3), MCA. grants, however, jurisdiction the justices' fish or Section courts 3-lo-303(2), punishable 1991, the effects legislature set a violation MCA. "up to the of Section as are violating we in a a misdemeanor to eliminate fine or words, which by the the could the State: over violations be over in provision and over the misdemeanors § 3-lo-303(3), and particular namely, of fish MCA, controls $500 contained general a intention particular controls. MCA. address the State us to conclude $1,000 the is jurisdiction exceeding here, § 87-5- In other on the conceded concurrent the offense However, statute § 3-lo-303(2), over exceeding both." As amended by the &I. grant jurisdiction urges or the statute. a matter inconsistent, l-2-102, Next, more than violating, amount necessary whatsoever for by a fine provision violations 6 months, with of the violation." contained Where, of the jurisdictional grant than all of and game of not and game statute. first the specific punishable more was charged no limit We determine general by a fine Mosely imposed as punishment game statutes not to fish "of a fish by a fine mitigate regard grant MCA. which in with jurisdictional a specific have jurisdiction for 721, MCA, is inarguably legislature general forth punishable imprisonment The statute that set courts and game statutes $1,000 these legislature to the justices' violations: of Notwithstanding plain was in language extent with that of which only excess of the 3 the of Mosely the the specific courts' justices' was charged. amount court's of the The "fine" jurisdiction. jurisdictional grant mandates our that whatsoever jurisdiction conclusion over the offense Section jurisdiction & 3-lo-303(2), over a fine Justice MCA, "violations Court $1,000. by an open-ended, potentially limitless violation of $1,000. to the the statute justices' courts' statute jurisdiction reason, jurisdiction of by" simply depends in the the a fine say, A of more than of grant State "imposed." a The MCA. as the difficulties basis of violation. the jurisdictional punishment potential As the costs § 3-lo-303(2), does not on the on equalling effects contained we need not address granting fine is not within added.) MCA, is punishable "punishable is Thus, the violation jurisdictional that the punishable (Emphasis . . .I' of § 87-5-721(2), mitigating have any courts and game statutes a violation or not justices' the above, eliminating did charged. grants of fish of not more than discussed the urges, For that with a statute sentence ultimately imposed. We note inadvertence that to cover failed result remains, mitigation costs over violations however, that jurisdictional statute no room for statute, certainly Our role not to insert It in 1991, it appears of fish used plain justices' courts' to what what has been omitted The fact words in both the MCA, and those for ascertain when an enhanced and game statutes. or a search 4 for that of may have inadvertently amendment to the and § 87-5-721, is the product MCA, to provide the legislature interpretation Court. almost amended § 87-5-721, to make a corresponding jurisdiction this is by the 1991 Montana legislature. the legislature fine this words leave legislative is intent contained or omit by in the what has been Section inserted. l-2-101, MCA. IT IS ORDEREDthat: 1. The conviction are hereby 2. with MCA, heretofore Order to General Whitson, of the Justice DATED this to dismiss filed be and the same J. State Wold, Lake County, the charge of violating against a true 5 87-5- Gregg A. Mosely. Esq., to copy of this the Office of and to the Honorable of Montana, of the Peace, /&zay __ Court, to mail is directed Douglas matter is remanded to the Justice directions The Clerk in this and This matter Montana, 721, vacated: and sentence Lake County, of January, 5 Montana. Opinion the and Attorney Charles 0. Chief part: A. J. I agree in Justice with amending amendment address should to do the not be dismissed. statutory supported under 721, is MCA, concerning a fine the misdemeanor violation" to penalty is in matters, such action required as being I would imposing the to fine of an may want to that the case is within the $515 justice courts MCA. and can be may want specifically eliminate or the the legislature or mitigate may want to Section the mitigate eliminate they consider legislature the If to 5 3-10-303, penalty, may be imposed. 1991 legislature however, granted that in case. Court of the legislature majority, provisions section "necessary the and dissenting failed the this jurisdiction the the in The Justice sentencing that MCA, and that with part inadvertently presented agree in statement MCA, § 3-10-303, problem concurring majority § 87-5-721, the I Turnage to address provision effects deems effects consider 87-5- that of the some form of of violations recourse to a civil appropriate. affirm $515 that fine portion and of strike sentence. 6 the the Justice remaining Court's portion sentence of the January 12, 1993 CERTIFICATE OF SERVICE I hereby certify that the following order was sent by United States mail, prepaid, to the following named: Douglas J. Wold Wold Law Firm P.O. Box 1212 Polson, MT 59860 Hon. Marc Racicot, Attorney General Paul D. Johnson, Assistant Justice Bldg. Helena, MT 59620 Lake County Attorney Lake County Courthouse Polson, MT 59860 Hon. Charles 0. Whitson Justice of the Peace Lake County Justice Court Polson, MT 59860 ED SMITH CLERK OF THE SUPREME COURT STATE OF MONTANA
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