Bucher v. Hughes

Summary

The Montana Supreme Court affirmed a district court judgment converting unpaid criminal restitution into a civil judgment for the remaining balance. The Court held that Montana law did not require the district court to enter the original restitution amount or impose interest where the defendant had already made payments and the criminal judgment contained no interest provision. The decision also recognized that imposing the original amount would improperly require double payment of amounts already paid.

Holdings

1. Section 46-18-249 does not require a district court to impose the total original restitution amount in a civil judgment after the offender has made restitution payments; the court may enter a civil judgment for the unpaid restitution.
2. Montana law does not require a district court to impose interest on restitution ordered as part of a criminal sentence; imposing interest is within the district court's discretion.

Questions Presented

1. Whether Montana Code Annotated § 46-18-249 required the District Court to convert the original full amount of criminal restitution into a civil judgment even after the defendant had made partial restitution payments.
2. Whether the District Court was required to impose interest on the restitution obligation or include interest in the civil judgment.

Disposition

affirmed