City of Kalispell Frequently Asked Questions

City Attorney

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General Information

The City Attorney's office is composed of a City Attorney, an Adjutant City Attorney, an Assistant City Attorney, and an Administrative Assistant.

The City Attorney's office has the following responsibilities:

Represent the position of the City before the Municipal Court, the District Court, and other Courts where the City's legal interests are involved;
Compile contracts, ordinances, resolutions, and other documents necessary for the operation of City government;
Give written opinions to the Manager, Mayor and Council on questions pertaining to the duties, rights, liabilities and powers of the City; and
such other duties as the City Council prescribe.

The City Attorney's office also advises the various City departments on legal matters pertaining to department policy and operations.

The City Attorney's office does not handle the following types of cases:

Felonies;
Bounced checks;
Civil disputes;
Landlord/Tenant disputes (other than City-owned property);
Divorce or custody issues;
Worker's compensation issues;
Product liability; or
Wills or estates.

Felonies and bounced checks are handled at the County Attorney's office (758-5630). Civil disputes are generally handled at Justice Court (758-5643). All other types of cases are done by private attorneys.

Frequently Asked Questions

I signed a complaint against someone last week. What happens now?

When a complaint is brought against someone, the Court sends out a summons to that person which requires them to appear at Court within a certain amount of time. If they appear and plead guilty, you will not have to do anything further. If they plead not guilty, the Court will set a trial date, and the City Attorney's office will send you a subpoena about a month before the date of the trial.

I just received a subpoena in the mail. What is it and what do I do?

A subpoena is a notice to appear at a trial as a witness. On the day of the trial, come in about 15 minutes early to speak with the Prosecutor. If you like, you can review your witness statement at that time, if you filled one out. When you are called to the stand, tell your story truthfully. You will receive a $10.00 witness fee for your testimony.

I'll be on vacation during this trial. Do I have to change it?

No, the City Attorney's office can request a continuance from the Court, which would postpone the trial until you are available to testify. If you have any conflict with a trial date, you should let our office know as soon as possible.

I filed a complaint six months ago and haven't heard anything about a trial yet. What is going on?

The Defendant could have pled guilty, signed a plea agreement, or the trial has been scheduled for some time in the future. You can always call the City Attorney's office to ask about a specific case, provided that you are directly involved in it.

I was arrested last weekend. How can I get copies of the police reports?

Send a letter to the City Attorney's office, at PO Box 1997, requesting the police reports. Include your full name, mailing address, date of birth, arrest date and charge that you were arrested for. They will be mailed to you as soon as possible. You can also fax your request to 758-7771.

My 23 year old son was arrested. Can I get some information on the case?

No. All criminal information is confidential. Because your son is over the age of 18, only he, his attorney, or the victim can receive information on the case. If your son were under age, then you could request the information for him.