Fight ‘Em ‘Til We Can’t

This is old news but for the record, the Montana News Association (MNA) ran a story in March criticizing Billings Municipal Court Judge Mary Jane Knisely for ordering too many people to sign up and pay for pretrial supervision. Although I agree that pretrial supervision is being abused in Billings municipal court, at least one of the complaints of the MNA appears to be a bit misguided. The MNA suggest that the statutory authority for pretrial supervision gives the court authority to order such supervision only in PFMA or stalking cases. The MNA writes that:

Judge Mary Jane Knisely regularly orders defendants charged with non-PFMA or stalking-related offenses to pretrial supervision, which costs them, easily, hundreds of extra dollars, in addition to the costs they have to pay, if they are found guilty.

The only statutory authority for pretrial supervision (as far as I know) comes from 46-9-108(1)(f), MCA, where it is listed as one of many conditions a court may impose in order to “reasonably ensure the appearance of the defendant as required or that will ensure the safety of any person or the community.” Thus, the statute does authorize pretrial supervision for any bailable offense.

That said, it is absolutely true that far, far too many people who face charges in Billings Municipal Court are being ordered to submit to pretrial supervision, and it is also true that the private pretrial supervision agencies charge unconscionable fees for their “services.” The MNA’s other criticisms of these private agencies — e.g. that they bully and threaten their clients and conduct random UAs and BAs w/out authority to do so (in order to make more money, no doubt) — certainly seem accurate, as well.

UPDATE: See also: Pre-trial supervision fees unfair and counterproductive