Attorneys for a Kalispell man said their client’s constitutional rights were violated when a city court judge said he waived his rights to a jury trial when he failed to appear for an omnibus hearing.
The Montana Supreme Court heard oral arguments in the case of Kalispell v. Thomas Salsgiver during a special hearing at the University of Montana on April 5.
According to court records, Salsgiver was arrested in March 2015 for partner or family member assault. Salsgiver denied the allegations during an arraignment in municipal court and the matter was set for trial. During the hearing, Judge Lori Adams ordered Salsgiver to personally appear at all subsequent hearings.
On May 5, Salsgiver’s attorney appeared for a previously scheduled omnibus hearing but his client was not present. The judge decided that the defendant had waived his right to a jury trial and scheduled Salsgiver for a bench trial later that year. Salsgiver was found guilty, given a suspended sentence to the Flathead County Detention Center and ordered to pay more than $700 in fines and fees.
But Salsgiver said his constitutional right to a jury trial was violated and appealed the city judge’s decision to order a bench trial. Prosecutors have argued that the Montana Constitution allows a judge to schedule a bench trial if the defendant fails to appear at a hearing. The district court judge agreed with prosecutors and the case ended up before the state Supreme Court.
The justices are expected to issue an order on the matter at a later date.