City considers reclassifying minor offenses

Mayor Doug Roll asked the Libby City Council last week to consider following Whitefish and Kalispell’s example of converting some minor misdemeanor criminal offenses into municipal infractions.

As it stands, a city resident can be assigned a public defender and demand a jury trial for minor offenses such as allowing the lawn to grow too tall or violating a parking ordinance. 

In Roll’s mind, those offenses should be municipal infractions.

“They really shouldn’t be criminal offenses,” Roll said. “A municipal infraction makes it a civil offense so the city can set fines.”

Criminal offenses can go through a long process involving hearings, attorneys and a trial, Roll said. He believes that converting some minor criminal offenses into municipal infractions would simplify the process and use less court resources, while still giving residents a forum to argue their case.  

Municipal infraction proceedings would be tried before a city judge in the same manner as a small claim – one hearing in which a defendant would represent him or herself or would pay the expense of an attorney.

“You really don’t need a lawyer for a tall grass violation,” Roll pointed out.

Criminal offenses that are only punishable by a fine under state law can be converted into municipal infractions. State law determines that cities may not impose a fine more than $300 for each violation or $500 for each repeat violation. 

Roll asked Police Chief Jim Smith and City Court Judge Lucille Briggs to look into the idea and hopes to discuss it again with the council in the coming month.

The conversion would make little difference to the police, Smith said, because officers would continue to write out citations in the same manner no matter what category the offenses fall under.

“The chiefs I’ve spoken to in Whitefish and Kalispell say it’s business as usual,” Smith said.