What to expect in Justice Court

For those caught speeding on Montana Highway 35, or driving under the influence of alcohol on U.S. Highway 93, they can expect to meet Judge Chuck Wall in Justice Court.

When misdemeanors are committed within city limits, the city court handles them, Wall said. When they are committed outside city limits then they appear in justice court.

“Felonies are handled in district court,” he said.

In addition to misdemeanor cases, justice court is also a place where civil cases are heard for damages up to $7,000.

“People are free to file in district court,” Wall said. “But many choose justice court because it’s cheaper. You don’t need lawyers and decisions tend to be made quicker.”

Outside civil issues, Wall is kept busy just dealing with the criminal matters in Lake County. Besides the conviction, there is a lot of follow up work, getting people to pay fines or complete jail time, Wall said.

“We have a big problem with unpaid fines in Lake County,” he said. “If you don’t pay your fines in a specified time frame, we’ll send you a courtesy note saying if you don’t pay your fines  within 10 days  a warrant will be issued. We don’t have to do that, but we do.”

For about 25 percent of people, the warning is enough to get them moving towards taking care of their sentence, Wall said. For the rest, a warrant is issued for them.

Starting Oct. 1, Wall also has the ability to revoke hunting and fishing licenses for those who do not pay their court fines.

As much as 50 percent of fines go into default and the county is owed about $300,000, Wall said.

Wall said the biggest challenge he faces in his courtroom is the sheer volume of cases.

“We don’t have enough manpower to handle it all,” he said.

As justice of the peace, Wall is elected by the people of Lake County in a nonpartisan election.

Wall said he was approached seven years ago to run for justice of the peace and has been the justice since winning that election. Wall is up for reelection every four years and can run as many times as he chooses because there are no term limits on his office.

Before becoming a judge, Wall was a practicing attorney specializing in family law and misdemeanor criminal cases. Wall said that his background as an attorney gives him a deep understanding of the law.

“To be the justice of the peace you don’t have to have any law background,” he said. “But because I do, it gives me a wider base to make decisions on.”

The number one consideration Wall has when he is making a decision is what the law says.

“My decisions come from who the law favors — the prosecution or the defense,” he said. Beside the law, Wall said he uses a lot of common sense.

“Seventy-five percent of a decision is common sense kind of stuff,” he said.

In criminal cases, Wall said his main goal is to make sure if someone did something wrong, to make sure they don’t do it again and if they didn’t, that they aren’t punished.

“I want people to come out of my court room feeling like they were treated fairly, whether they did something wrong or not,” he said.