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04/29/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0172 DA 19-0172 FILED CITY OF COLUMBIA FALLS, APR 29 2020 Bowen Greenwtiod Plaintiff and Appellee, clerk of Suprerne Court Sthte of Montana v. ORDER BONME L. CHAPMAN, Defendant and Appellant. The parties, by and through their counsel ofrecord, stipulate and move for an order remanding Flathead County Cause No.DC-18-416(D)to the Columbia Falls City Court with instructions to strike the $335 fine from the November 1, 2018 Sentencing Order. Defendant Bonnie L. Chapman appealed the fine to the Eleventh Judicial District Court,and the District Court affirmed the fine. Without agreeing with all the arguments advanced by Chaprnan, the Attorney General's Office concedes that the City Court's imposition of the $335 fine was illegal. Ms. Chapman's sole source ofincome is social security payments of$1,300.00 per month. Under United States and Montana law, a court cannot order a defendant to pay a court fine from social security benefits. State v. Eaton,
2004 MT 283,
323 Mont. 287,
99 P.3d 661. On this ground, the parties request this Court to remand the case for compliance with 42 U.S.C. § 407(a) and United States Supreme Court caselaw. Having reviewed,the parties' stipulation and motion to dismiss appeal with prejudice, and good cause appearing, IT IS HEREBY ORDERED that Cause No. DC-18-416(D) is remanded to the Columbia Falls City Court with instructions to strike the $335 fine from the November 1, 2018 Sentencing Order. There being no other issues remaining for consideration, IT IS FURTHER ORDERED that Chapman's appeal is dismissed with prejudice. The Clerk is directed to provide copies ofthis Order to all counsel ofrecord and to the Honorable Dan Wilson, presiding District Court Judge. Dated thisZ 9 day of April, 2020. Chief Justice 2
Document Info
Docket Number: DA 19-0172
Filed Date: 4/29/2020
Precedential Status: Non-Precedential
Modified Date: 4/29/2020