3-10-101. Number and location of justices' courts -- authorization to combine with city court. (1) There must be at least one justice's court in each county of the state, which must be located at the county seat.
     (2) The board of county commissioners of each county of the state shall have authority to constitute:
     (a) as it considers necessary, one additional justice's court which may be located anywhere in the county; and
     (b) one additional justice's court located in each city having a population of over 5,000, as provided in subsection (3).
     (3) A city having a population of over 5,000 may, by resolution, request the board of county commissioners to constitute a justice's court in the city. A justice's court shall be established in the city if the board of county commissioners approves the request by resolution.
     (4) A justice of the peace of a court constituted pursuant to subsection (3) may act as the city judge upon passage of a city ordinance authorizing such action and upon approval of the ordinance by resolution of the board of county commissioners. If such an ordinance and such a resolution are passed, the city and the county shall enter into an agreement for proportionate payment of the justice's salary as established under 3-10-207 and 3-11-202 and for proportionate reimbursement for the use of facilities.

     History: En. Sec. 60, C. Civ. Proc. 1895; re-en. Sec. 6279, Rev. C. 1907; re-en. Sec. 8833, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 85; re-en. Sec. 8833, R.C.M. 1935; amd. Sec. 4, Ch. 491, L. 1973; amd. Sec. 1, Ch. 23, L. 1974; amd. Sec. 1, Ch. 276, L. 1974; amd. Sec. 9, Ch. 420, L. 1975; R.C.M. 1947, 93-401(part); amd. Sec. 1, Ch. 56, L. 1981.