HomeMy WebLinkAboutResolution No. R25-93 RESOLUTION NO. R25-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAUREL,
MONTANA APPOINTING A SPECIAL PROSECUTOR.
WHEREAS, the Laurel City Prosecutor has a conflict of interest in the pending Laurel
City Court cases (Cause No. TK-2025-383) and (Cause No. TK-2025-389);
WHEREAS, Montana Code Annotated 7-4-4605(1)(2) allows the city council to
employ additional council in special cases on a contract basis; and
WHEREAS, a special prosecutor needs to be appointed by the City of Laurel to
represent the City in said case; and
WHEREAS, Cole Catlin of Catlin Law PLLC(2722 Third Ave.N., Suite 400,Billings,
MT 59101) has agreed to represent the City of Laurel in said cases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City appoints Cole Catlin, attorney at law, as the special prosecutor for the
City to prosecute the pending Laurel City Court cases (Cause No. TK-2025-383) and (Cause
No. TK-2025-389), and the City shall compensate Mr. Catlin at the rate of$150.00 per hour
for services so rendered, and reimbursement for postage and incidentals.
Introduced at a regular meeting of the City Council on the I Oth day of November, 2025,
by Council Member Banks.
PASSED and APPROVED by the City Council of the City of Laurel the loth day of
November, 2025.
APPROVED by the Mayor the 1 Oth day of November, 2025.
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%� •NE�pi�. °�� Dave Waggoner, M y r
ATTEST:
11 St er, Clerk-Treasurer
R25-93 Approve Appointment of Special Prosecutor
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R25-93 Approve Appointment of Special Prosecutor
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CITY PROSECUTOR City Of Laurel 11��
115 W. 1 sT ST.
PHONE:633-3961 P.O.Box 10
cityprosecutor@laurel.mt.gov Laurel,Montana 59044
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Kurt Markegard October 27, 2025
Laurel City Administrator
PO Box 10
Laurel, MT 59044
RE: Appointment of Special Prosecutor— Conflict Case(s)
Mr. Markegard,
A conflict of interest has arisen in two cases in Laurel City Court, preventing me
from acting as prosecutor in these cases. Specifically, the Defendant charged in Laurel
City Court matters TK-2025-383 and TK-2025-389, is the listed victim and primary
witness in TK-2025-0157 and other related cases.
Pursuant to my ethical responsibilities under the Montana Rules of Professional
Conduct and the obligations owed to victims of crimes under Montana Code Section 46-
24-101, et seq., I cannot simultaneously prosecute an individual who is also listed as
the victim in separate ongoing matters.
have reached out to the City Attorney to request assistance with this conflict,
however due to scheduling constraints she is unable to provide prosecution services in
these matters. Consequently, I am respectfully requesting the City of Laurel seek to
appoint a Conflict Prosecutor for these specific cases, or on an ongoing basis at the
City's discretion, as permitted under Montana Code Section 7-4-4605.
To that end, I have discussed the nature of the services required with Cole Catlin,
of Catlin Law, PLLC, who has considerable legal experience in these types of cases as
a former prosecutor for the Yellowstone County Attorneys Office. Mr. Catlin has
indicated that he is willing and able to serve as a conflict prosecutor if approved by the
City of Laurel at a rate of $150.00 per hour. Based on the nature of these two cases, I
estimate approximately 10-12 hours of total billable time will be required.
If you have any further questions, or concerns, please reach out to me to discuss.
Sincerely,
Nick Owens
Laurel City Prosecutor