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County attorney, clerk report downward trend in fines and fees; commissioners urged to discuss court practices
Summary
County attorney and clerk of court told commissioners they are seeing steady declines in fines, fees and related revenues as judges increasingly waive assessments; commissioners asked staff to pursue formal discussions with the district court about impacts on county finances.
Flathead County's county attorney and clerk of court told commissioners on April 29 that fines, fees and other court-related revenues have declined in recent years as judges increasingly decline to impose those assessments.
County Attorney Travis Anna said the decline appears most pronounced in district court. Anna told commissioners he has seen multiple instances where defense attorneys prompted courts to waive fines and fees that prosecutors expected would be ordered. “Our courts don’t do that inquiry,” Anna said in describing why fines and fees that offset some office costs do not get imposed.
Clerk of Court Sarah Smith confirmed the revenue trend, saying fines and fees and proxy marriage revenues have decreased; the clerk’s office reported double-proxy marriages fell from about 4,300 in 2020 to roughly 1,400 in 2024. Smith and the county attorney said they have not yet had a formal, comprehensive discussion with district-court judges about the budgetary impacts.
Commissioner follow-up request
A commissioner asked both offices to seek a formal discussion with the district court about the downstream effects on county budgets, noting that some costs of prosecutions, public-defense and court administration ultimately fall to county taxpayers when fines and fees are not imposed. Staff agreed to pursue conversations and report back.
The county attorney also noted larger legislative shifts that could affect counties: proposals and trends to shift mental‑health evaluation and treatment costs to counties rather than expanding state inpatient capacity. Anna described that as an unfunded-mandate risk that could increase county exposure over time.
