City of Great Falls v. Director of the Department of Public Health & Human Services

¶1 The City of Great Falls (Great Falls) appeals from the Eighth Judicial District Court’s denial of its motion for declaratory judgment. We reverse.

¶2 The following issue is raised on appeal:

¶3 May a municipal court commit a criminal defendant if it determines that the defendant suffers from a mental disease or defect and lacks the fitness to proceed to trial?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 Following a disturbance in a bar on September 21,1999, D.A. was charged with violation of § 45-8-101, MCA, disorderly conduct, and § 45-5-201, MCA, misdemeanor assault against a police officer. Upon…