[3] Justices of the peace were to be elected,[4] but the constitution left it up to the legislature to decide how police magistrates and municipal court judges were to be named.
[5][6] The 1889 constitution also restricted the creation of inferior courts only to state-incorporated cities or towns.
It also authorized the legislature to give Justice Courts whatever jurisdiction the legislature deemed fit, although the constitution barred Justice Courts from hearing any felony cases except during preliminary hearings.
Section 10 barred any inferior court judge from running for elective office (other than another judicial position), while Section 11 provided for a new statewide Judicial Standards Committee to hear cases of misconduct and recommend sanctions (up to and including removal from the bench) to the Montana Supreme Court.
[8] Trial in all inferior courts may be by judge or by jury, at the discretion of the criminal or civil defendant.
[9] Justice Courts, also known as Justice of the Peace Courts, have jurisdiction over civil suits involving less than $5,000, misdemeanors, misdemeanor charges of driving under the influence, traffic violations, fish and game violations, protective orders, and preliminary hearings.
The office is elected, and vacancies are filled by the commissioners of the county in which the court is located.
Their jurisdiction does not extend to the enforcement of city ordinances, and they can hear civil suits involving up to $7,000.
The docket provides specialized attention to misdemeanors, child abuse and child neglect cases, and juvenile cases which involve individuals addicted to drugs or alcohol.
Drug courts provide treatment as well as sanctions, with the goal of treating addiction, reducing recidivism, and improving rehabilitation.