Carlson v. City of Bozeman, 00-302.

• Decision Date: 20 March 2001
• Docket Number: No. 00-302.,00-302.
• Citation: 20 P.3d 792,2001 MT 46,304 Mont. 277
• Parties: Patricia CARLSON, Appellant/Cross-Respondent, v. CITY OF BOZEMAN, Respondent/Cross-Appellant.
• Court: Montana Supreme Court

20 P.3d 792

2001 MT 46

304 Mont. 277

Patricia CARLSON, Appellant/Cross-Respondent, v. CITY OF BOZEMAN, Respondent/Cross-Appellant.

No. 00-302.

Supreme Court of Montana.

Submitted on Briefs January 11, 2001.

Decided March 20, 2001.

Robert K. Baldwin, Goetz, Gallik, Baldwin & Dolan, Bozeman, MT, for Appellant.

Patricia L. Day Moore, Bozeman City Staff Attorney, Bozeman, MT, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Bozeman City Judge Patricia Carlson (Carlson) brought this action to void portions of Bozeman Municipal Ordinance No. 1490 (BMO) which prohibit outside employment by the municipal court judge, and place the municipal court clerk under the supervision of the city finance department. Carlson also sought an award of attorney fees. Both parties moved for summary judgment. The Eighteenth Judicial District Court, Gallatin County, declared the two contested provisions of the BMO invalid, but dismissed Carlson's request for fees. Carlson appeals from the dismissal of her attorney fees claim, and the City of Bozeman (City) cross-appeals from the orders declaring portions of the BMO invalid. We affirm in part and reverse in part and remand for further proceedings.

¶ 2 The parties raise three issues on appeal:

1. Did the District Court correctly declare invalid the portion of BMO § 2.06.050 prohibiting outside employment for a municipal judge?

2. Did the District Court correctly declare invalid the portion of BMO § 2.06.030 placing the clerk of the municipal court under the supervision of the department of finance?

3. Did the District Court correctly dismiss Carlson's claim for attorney fees?

FACTUAL BACKGROUND

¶ 3 On April 19, 1999, the Bozeman City Commission adopted BMO which created a municipal court in the place of the pre-existing city court. At that time, Carlson was the Bozeman City Court Judge and the only candidate on the ballot for election as the new municipal court judge. She currently is the Bozeman Municipal Court Judge.

¶ 4 On July 15, 1999, Carlson brought this action against City seeking to void portions of two sections of BMO: the portion of § 2.06.050 which prohibited the municipal court judge from obtaining outside employment; and the portion of § 2.06.030 which placed the clerk of the municipal court under the supervision and control of the City's finance director instead of the municipal court judge (Complaint, Count I). Carlson also sought injunctive relief against the enforcement of these portions of BMO (Count II), a writ of mandamus requiring the city to repeal these portions of BMO (Count III), and her attorney fees (Count IV).

¶ 5 Both parties filed a flurry of motions and briefs. On December 22, 1999, the District Court issued an order ruling on various motions. This order dismissed Carlson's claim for attorney fees, granted Carlson's motion for summary judgment on the validity of that portion of BMO § 2.06.050 prohibiting outside employment, and set a hearing on the validity of that portion of BMO § 2.06.030 placing the municipal court clerk under the control of the finance department. The District Court also explained that it was basing its ruling upon the parties' cross-motions for summary judgment and supporting briefs.

¶ 6 On January 6, 2000, the District Court held a hearing on the issue of control over the municipal court clerk. On March 8, 2000, the District Court issued an order granting Carlson's motion for summary judgment invalidating that portion of BMO § 2.06.030 placing the municipal court clerk under the control of the finance department. Carlson then filed a request for clarification regarding her claim for attorney fees. On March 23, 2000, the District Court issued an order clarifying that its December 22, 1999 order was intended to foreclose Carlson from recovering attorney fees on any issue in this case.

¶ 7 Carlson now appeals to this Court from the District Court's dismissal of her attorney fee claim. City cross-appeals from the District Court's order of summary judgment declaring both BMO provisions at issue invalid.

STANDARD OF REVIEW

¶ 8 We must first determine the appropriate standard of review to apply to the three issues raised. Both Carlson and City agree that the issue of the validity of that portion of BMO § 2.06.050 prohibiting outside employment by a municipal judge was decided upon summary judgment. However, they disagree on how the District Court decided the other two issues. Carlson argues that the District Court dismissed her attorney fee claim based on City's Rule 12(b) motion. We disagree.

¶ 9 Although City originally moved to have Carlson's attorney fee claim dismissed with a Rule 12(b) motion, it later moved for summary judgment on all issues. In its order dismissing Carlson's attorney fee claim, the District Court explained, "The City filed a motion to dismiss (which was denied) and each party has filed motions for summary judgment as well as responses." From this, we conclude that the District Court decided Carlson's attorney fee claim on summary judgment.

¶ 10 Carlson also argues that the District Court decided the validity of that portion of BMO § 2.06.030 placing the municipal court clerk under the control of the finance department, on the merits after a trial. In a footnote to her statement of facts, Carlson maintains that because the District Court received testimony and exhibits during its hearing, the hearing had to be a trial, as it would be highly unusual to take evidence in a summary judgment hearing. We disagree. A district court has the discretion in a summary judgment hearing to allow oral testimony to establish whether genuine issues of material fact exist. Cole v. Flathead County (1989), 236 Mont. 412, 416, 771 P.2d 97, 99. Because the testimony was taken during a summary judgment hearing, we conclude that this issue was decided on summary judgment as well.

¶ 11 We review a district court's order of summary judgment de novo. Oliver v. Stimson Lumber Co., 1999 MT 328, ¶ 21, 297 Mont. 336, ¶ 21, 993 P.2d 11, ¶ 21. In our review, we apply the same evaluation as the district court does, based on Rule 56, M.R.Civ.P. Oliver, ¶ 21. Summary judgment is appropriate when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. See Rule 56(c), M.R.Civ.P. We will apply this standard of review to all three issues raised on appeal.

ISSUE 1

¶ 12 Did the District Court correctly declare invalid the portion of BMO § 2.06.050 prohibiting outside employment for a municipal judge?

¶ 13 BMO § 2.06.050 provided in pertinent part that a municipal judge could not have any employment in addition to employment as a municipal judge. City contends that the language of § 3-6-101 et seq., MCA, and particularly § 3-6-202, MCA, expressly authorize it to enact legislation governing the qualifications of municipal court judges, as long as the ordinances do not violate Article VII, Section 9 of the Montana Constitution, which sets forth the qualifications for and restrictions upon district court judges and supreme court justices. City further argues that its ordinance prohibiting outside employment for a municipal judge is consistent with the provisions of § 3-1-604, MCA, which precludes a municipal court judge from practicing law in her own municipal court.

¶ 14 Carlson counters that the District Court properly invalidated the portion of BMO § 2.06.050 prohibiting outside employment by a municipal judge, because it conflicted with §§ 3-1-601 and -604, MCA, which by implication permit a municipal court judge to practice law in any other court but her own. Carlson argues that City is bound not only to avoid express conflicts with the statutes of this state, but is also bound not to adopt an ordinance which would frustrate the purpose behind state law or policy. Carlson contends that because the legislature intended to allow municipal judges to hold other employment, the ordinance forbidding this is invalid.

¶ 15 When interpreting statutes, this Court's only function is to give effect to the intent of the legislature. Albright v. State by and through State (1997), 281 Mont. 196, 206, 933 P.2d 815, 821. The intention of the legislature in enacting all statutes must first be determined from the plain meaning of the words in the statute. State v. Hubbard (1982), 200 Mont. 106, 111, 649 P.2d 1331, 1333. The whole act must be read together and where possible, full effect will be given to all statutes involved. Albright, 281 Mont. at 206, 933 P.2d at 821. However, where the plain meaning of a statute is subject to more than one reasonable interpretation, we will examine the legislative history to discern intent. Committee for an Effective Judiciary v. State (1984), 209 Mont. 105, 114, 679 P.2d 1223, 1228.

¶ 16 We conclude that the portion of BMO § 2.06.050 prohibiting all outside employment by a municipal judge conflicts with § 3-1-604, MCA, when read in conjunction with § 3-1-601(1), MCA, and is therefore invalid. Section 3-1-604, MCA provides:

No municipal court judge may practice law before his own municipal court or hold office in a political party during his term of office.

Section 3-1-601(1), MCA, provides in pertinent part:

Except as provided in 3-1-604 ... no justice or judge of a court of record or clerk of any court may practice law in any court of this state ...

¶ 17 Municipal judges are expressly prohibited in § 3-1-604, MCA, from practicing law in their own municipal courts. They are specially excepted in § 3-1-601(1), MCA, however, from the blanket prohibition preventing district court judges from practicing law in any court. City relied exclusively upon § 3-1-604, MCA, in its analysis, and failed to take § 3-1-601(1), MCA, into account. When these two statutes are read together, it appears that municipal judges should be free to practice law in any court except their own municipal court. However, City argues that, had the legislature...