Libby officials debating move to civil infractions
by Brent Shrum, Kootenai Valley Record
March 25, 2010
A proposal to simplify Libby’s municipal justice system by reclassifying a number of minor offenses as civil infractions rather than misdemeanors met with opposition last week from City Councilman D.C. Orr, who argued that the change would hinder the ability of those accused to defend themselves in court.
The proposal was introduced by Mayor Doug Roll and is based on a system now in place in Whitefish. If approved by the council, certain offenses now classified as misdemeanors – including parking violations, animal nuisances and weed violations – would become civil infractions with lower maximum fines and no possibility of jail time. Civil infractions would also require a lower burden of proof for conviction, there would be no jury trials, and a public defender would not be appointed for defendants.
Roll said the change would save both the city and defendant’s time and money and characterized the offenses as "record keeping."
"They’re simple laws," he said. "They should just take a few minutes to take care of."
Orr, however, said the proposal "destroys a person’s right to defend themselves."
"I’m not willing to even go down this road if it erodes civil rights, which is exactly what it does," he said.
Criminal law provides more protections for the accused, Orr argued.
"When we try to streamline it, justice goes out the window," he said.
Councilman Bill Bischoff said the criminal system also leads to increased expenses for defendants, and people sometimes plead guilty simply because they can’t afford to fight the charges.
"It seems ludicrous to have criminal charges for not mowing your lawn, and face jail time," he said.
"Has anyone ever gone to jail in Libby for not mowing their lawn?" Orr asked. "The judge has ultimate discretion."
Orr also questioned Roll’s estimation that the city would see reduced revenues from fines if the change is approved.
"It will be cheaper to just pay the fine than to hire an attorney," he said.
The list of offenses proposed for the switch to civil infractions, along with proposed fines for each, will be published on the city’s website, Roll said. The issue will be put back on the agenda for a future meeting.
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Editor’s Note: See the March 23, 2010 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Tuesdays, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
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