Judges tell commissioners courts need more detention capacity and security; fines and payment practices reviewed

Judges from Flathead County’s justice and district courts briefed commissioners on operating trends, fines and courtroom security and told the board the county needs additional detention capacity and a security review.

Justice of the Peace Eric Hummel and Justice of the Peace Tim Wentz described day‑to‑day court operations, declining fine revenue and how courts handle ability‑to‑pay inquiries. Hummel said fines and payments have been affected by Montana Supreme Court decisions requiring courts to consider a defendant’s ability to pay before imposing fines, and added the court routinely structures small monthly payments to allow low‑income defendants to satisfy obligations over time.

Why it matters: Court fine revenue flows to the state and county. Fines, payment plans and how the court enforces outstanding collections affect defendants, victims and county revenue; detention capacity and courthouse security affect public safety and court operations.

Jail capacity and detention: Hummel and Tim Wentz said limited detention bed space forces judges to make difficult, pragmatic decisions about who must remain detained. Hummel described routine choices when beds are scarce: judges decide between holding higher‑risk defendants or those likely to reoffend on property crimes. “We need a larger detention center,” Hummel said, and described operational risks when the jail is near capacity and behavioral‑health patients occupy beds for extended periods because state treatment beds are unavailable.

Courtroom security: Wentz and district court staff raised security concerns after high‑profile incidents in other jurisdictions, including a recent Lewis and Clark County episode in which a judge drew a weapon during an attack. They said Flathead’s courtrooms do not have dedicated bailiffs or metal detectors and that the clerks’ counter glass is not bullet‑resistant. The district court said it is coordinating with the Office of Court Administration and a statewide security consultant who can assess building vulnerabilities and help the county use a $25,000 pass‑through grant for security improvements where appropriate.

Fines and collections: Hummel described the court’s approach to fines and payment plans. He said the office will accept small payments (even $5) and will convert fines into community service where appropriate. The judges noted the state receives roughly half of fine revenue while the county retains the other half.

Next steps: The district court council has organized a security committee with clerk, detention, sheriff and OES staff to develop a plan that can access state pass‑through funds and produce a prioritized list of improvements. County commissioners and staff agreed to continue those discussions and to include court‑security assessments in budget planning.