Montana Attorney General Opinion 15-307

Opinion No. 307 Justices of the Peace-Fines- Remission of Fines. HIDLD: A justice of the pellce has no lIuthority to remit II ]lllrt of a fine when the amount remitted reduces the fine below the minimum imposed by stntute. August 15, 1933. You IItl\'ise that a party lit HaYre. ~Iontllnll, was found guilty of illegally possessinJ.,: a beaver skin, fined $2.5.00 for the offense ·by the Justice of the Peace. The justice remitted $10.00 of the fine, and you desire our opinion as to the authority of the justice to remit a part of the fine when the amount remitted reduces the fine below the minimum imposer! by statute for such offense. The provisions of the stlltutes controi the IIcts of justices, as well as all other persons. The minimum fine for the of- fense named is $25.00. The justice has no power to impose a less fine in the first instllnce and cannot defeat the statute by remitting any part of the minimnm prescri'bed. Section 12029, R. C. M. 1921, pro- vides that if a jury assess a punish- ment helo\v the limit prescribed by law for the offense of which defendant is convicted, the court must pronounce sentence and render judgment accord- ing to the lowest limit prescribed. '1'here is no statute relating to the power of a justice of the peace to remit fines, but the legislature will go"ern in such matters. The statute is clear and must control.