Montana Supreme Court
Encyclopedia
The Montana Supreme Court is the highest court of the Montana state court system
in the U.S. state
of Montana
. It is established and its powers defined by Article VII of the 1972 Montana Constitution
. It is primarily an appellate court
which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction
in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Justice Building in Helena, Montana
, the state's capital, an international style
building completed in 1982.
passed the Organic Act, which formed the Montana Territory
and established the Territorial Supreme Court. The court consisted of one Chief Justice and two Associate Justices, all of whom were appointed by the President of the United States
and confirmed by the United States Senate
; the court's first members were chosen by President Abraham Lincoln
in 1864. The Montana Territorial Supreme Court held its first session in Virginia City, Montana
on May 17, 1865.
Each justice presided over one of the territory's three judicial districts, which meant that cases the Territorial Supreme Court heard on appeal were usually first tried in the Montana District Court by one of the justices. This arrangement was altered in 1886 when the Congress passed legislation that disqualified any justice who had previously participated in a case from hearing it on appeal; a fourth justice was also added to the court by the same act.
The Territorial Supreme Court rarely issued written opinions until 1872, when the Territorial Legislature established written reporting
for the court. The Territorial Supreme Court held its last session on October 5, 1889; Montana became a state on November 8.
established the Montana Supreme Court, and provided that its three members would be elected to six-year terms. These elections were partisan
until 1909, when the Montana Legislature enacted the Nonpartisan Judiciary Act. This prohibited partisan filings by judicial candidates and required that they instead be nominated by citizen petition. The resulting voter turnout in 1910 was minuscule (fewer than half those who voted on the partisan ballot for the Clerk of the Supreme Court voted for the Chief Justice on the non-partisan ballot) and so many considered the experiment to be a failure. The law was furthermore declared unconstitutional by the Montana Supreme Court in 1911 because it failed to provide any means for nominating candidates to newly created judgeships. Non-partisan elections were reinstated in 1935, when the legislature prohibited political parties from endorsing, contributing to, or making expenditures in support of or opposition to judicial candidates. Impact on voter participation was, by that time, less dramatic.
The membership of the court was increased by legislative act from three to five justices in 1919. The 1972 Montana Constitution, in Article VII, extended the judicial term of office from six to eight years, and allowed for the legislature to increase the number of associate justices by two members. In 1979 the legislature increased the size of the court from five to seven members to assist in handling the overburdened Court calendar.
election. The terms are staggered so that no more than two seats on the court are scheduled for election at the same time. When a sitting justice runs unopposed, voters cast a "yes" or "no" vote as to whether to retain them. If the seat on the court is contested, the top two vote-getters in the primary election
are selected as the final candidates.
All appointments must be confirmed by the Montana Senate
, though recess appointment
s serve on the court until the next session of the Senate begins. If the Senate fails to confirm the appointee, the seat on the court will remain vacant and the selection and nomination process restarts. If confirmed, the appointee serves only until the next general election, and if then elected, only serves the remainder of the unexpired term to which he was initially appointed.
and residents of Montana for at least two years immediately prior to taking office. They also must have been admitted to practice law in Montana for at least five years prior to the date of election. Justices must reside within the state during their term.
and court conferences, and represents the court at all official state functions.
The position of Chief Justice is filled directly by election, and candidates do not need to have previously served as an Associate Justice. Whenever the Chief Justice is temporarily absent, or permanently leaves the court during his term, the justice who is nearest the expiration of their term on the court presides as Acting Chief Justice.
keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law; adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices; file all papers or transcripts required by law to be filed; issue writs and certificates and approve bonds or undertakings when required; make out all transcripts to the supreme court of the United States; make copies of papers or records when demanded by law or the rules of the court; and perform other duties as may be required by law and the rules and practice of the supreme court.
The Marshall of the Supreme Court is appointed by the court, and is an employee of the judicial branch. The Marshall generally attends upon the Supreme Court during each term, and acts as a law clerk
, executive officer, and court crier. He has the duty of serving all processes
from the court within the state, and acts with the powers and duties of a sheriff
to the District Courts when necessary.
s of general jurisdiction
in the state; Montana is one of ten states in the United States that does not have a distinct intermediate appellate court. The court also hears appeals from the Montana Water Courts and the Montana Workers' Compensation Court, which are specialized courts established by the legislation rather than part of the judicial branch under the Montana Constitution.
The Montana Supreme Court has original jurisdiction
over the so-called extraordinary writ
s, which include habeas corpus
, injunction
, review
, mandate
, quo warranto
, and supervisory control. This jurisdiction is concurrent
with the Montana District Courts.
The Montana Supreme Court also may exercise original jurisdiction
in a case that has not been through a District Court if there are no facts in dispute and the case presents only legal or constitutional questions.
of attorneys to the state bar, and the conduct
of attorneys and judges generally. The Montana Supreme Court appoints the Court Administrator, who performs such duties as preparing and submitting the judicial budget to the legislature, compiling statistics on the business of the courts, and recommending improvements in the judiciary to the Supreme Court.
orders are not appealable, and so can only be reviewed on application for a writ of review.
Criminal defendants may appeal only from final judgments of convictions, and other orders after judgment that affect substantive rights. Indigent defendants are guaranteed representation by counsel at the State's expense. The State does not have the right to appeal from acquittals or convictions, but may appeal from court orders or judgments that dismiss charges, modify verdicts, grant new trials, quash arrests or search warrant
s, suppress evidence, suppress confessions or admissions, grant or deny a change of venue
, or impose a sentence that is contrary to law.
The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had. When a lower court's judgment is altered on review of civil matters, the court may order restitution for any property or rights that a party lost due to an erroneous order, either by ordering it directly, or by ordering to District Court to itself order it. On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offence of which the defendant was convicted to a lesser included offense
; reduce the punishment imposed by the lower court; or order a new trial.
writ
s are filed directly with the Montana Supreme Court. The court may then order that a summary response from opposing parties be filed immediately, or may dismiss the application at its next conference without such an order. If a summary response is ordered, the court considers the filings at its next conference. The court will subsequently dismiss the application, accept jurisdiction, order more extensive briefing on any issue raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. Pending its disposition of the application for the writ, the court may stay
a lower court's proceedings, on motion by a party for good cause shown, or sua sponte.
Individual justices may issue writs of habeas corpus on behalf of anyone held in custody for return to themselves, the full Supreme Court, or the District Courts. Individual justices may also issue writs of certiorari to review judgments of contempt.
before the court sitting en banc
, or to be decided purely on the briefs
submitted to either the court en banc or to a five-justice panel.
The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August. Briefs from amicus curiae
are accepted only if all parties consent in writing, or the court grants leave on motion stating the interest of the applicant and the reasons why it should participate. A motion of an amicus curiae for leave to participate in oral argument is granted only for "extraordinary reasons."
A majority of the court is required for quorum, and a majority of the court must concur in all decisions. If a justice is disqualified or otherwise unable to participate in a case, a District Court judge is substituted, and their opinion is given the same weight in that case as a sitting justice.
.
" or "neutral-format" case citation
, which consists of the year of decision, the state’s postal abbreviation, and finally a sequential number; the court’s sixth decision handed down during 2006, for example, would have the citation 2006 MT 6. The citations of decisions that have been designated as not for publication are followed by an "N" (e.g., 2006 MT 6N), to indicate that those decisions should not be cited for precedent
ial value in any court. All decisions have numbered paragraphs, so that pinpoint citations can be used without reference to print reporters.
The Montana Reports, published by State Reporter Publishing Company, is the official case reporter of Montana Supreme Court opinions. Its opinions are also included in the regional Pacific Reporter
published by West Group. When citing to its previous decisions, the Montana Supreme Court cites to both print reporters as well as the neutral-format citation.
FindLaw
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
. It is established and its powers defined by Article VII of the 1972 Montana Constitution
Montana Constitution
The Constitution of the State of Montana is the primary legal document providing for the self-governance of the U.S. State of Montana. It establishes and defines the powers of the three branches of the government of Montana, and the rights of its citizens...
. It is primarily an appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Justice Building in Helena, Montana
Helena, Montana
Helena is the capital city of the U.S. state of Montana and the county seat of Lewis and Clark County. The 2010 census put the population at 28,180. The local daily newspaper is the Independent Record. The Helena Brewers minor league baseball and Helena Bighorns minor league hockey team call the...
, the state's capital, an international style
International style (architecture)
The International style is a major architectural style that emerged in the 1920s and 1930s, the formative decades of Modern architecture. The term originated from the name of a book by Henry-Russell Hitchcock and Philip Johnson, The International Style...
building completed in 1982.
Montana Territorial Supreme Court
On May 26, 1864, the United States CongressUnited States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the Organic Act, which formed the Montana Territory
Montana Territory
The Territory of Montana was an organized incorporated territory of the United States that existed from May 28, 1864, until November 8, 1889, when it was admitted to the Union as the State of Montana.-History:...
and established the Territorial Supreme Court. The court consisted of one Chief Justice and two Associate Justices, all of whom were appointed by the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
; the court's first members were chosen by President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
in 1864. The Montana Territorial Supreme Court held its first session in Virginia City, Montana
Virginia City, Montana
Virginia City is a town in and the county seat of Madison County, Montana, United States. In 1961, the town and the surrounding area was designated a National Historic Landmark District, the Virginia City Historic District...
on May 17, 1865.
Each justice presided over one of the territory's three judicial districts, which meant that cases the Territorial Supreme Court heard on appeal were usually first tried in the Montana District Court by one of the justices. This arrangement was altered in 1886 when the Congress passed legislation that disqualified any justice who had previously participated in a case from hearing it on appeal; a fourth justice was also added to the court by the same act.
The Territorial Supreme Court rarely issued written opinions until 1872, when the Territorial Legislature established written reporting
Court reporter
A court reporter, stenotype reporter, voice writing reporter, or transcriber is a person whose occupation is to transcribe spoken or recorded speech into written form, using machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions and other...
for the court. The Territorial Supreme Court held its last session on October 5, 1889; Montana became a state on November 8.
Montana Supreme Court
Article VIII of the 1889 Montana ConstitutionMontana Constitution
The Constitution of the State of Montana is the primary legal document providing for the self-governance of the U.S. State of Montana. It establishes and defines the powers of the three branches of the government of Montana, and the rights of its citizens...
established the Montana Supreme Court, and provided that its three members would be elected to six-year terms. These elections were partisan
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
until 1909, when the Montana Legislature enacted the Nonpartisan Judiciary Act. This prohibited partisan filings by judicial candidates and required that they instead be nominated by citizen petition. The resulting voter turnout in 1910 was minuscule (fewer than half those who voted on the partisan ballot for the Clerk of the Supreme Court voted for the Chief Justice on the non-partisan ballot) and so many considered the experiment to be a failure. The law was furthermore declared unconstitutional by the Montana Supreme Court in 1911 because it failed to provide any means for nominating candidates to newly created judgeships. Non-partisan elections were reinstated in 1935, when the legislature prohibited political parties from endorsing, contributing to, or making expenditures in support of or opposition to judicial candidates. Impact on voter participation was, by that time, less dramatic.
The membership of the court was increased by legislative act from three to five justices in 1919. The 1972 Montana Constitution, in Article VII, extended the judicial term of office from six to eight years, and allowed for the legislature to increase the number of associate justices by two members. In 1979 the legislature increased the size of the court from five to seven members to assist in handling the overburdened Court calendar.
Court composition and selection
The Montana Supreme Court presently consists of a Chief Justice and six Associate Justices. The Montana Constitution provides for only four Associate Justices, but allows the Montana Legislature to increase the number of Associate Justices to six. Each justice is elected for an eight-year term in a statewide, nonpartisanNonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....
election. The terms are staggered so that no more than two seats on the court are scheduled for election at the same time. When a sitting justice runs unopposed, voters cast a "yes" or "no" vote as to whether to retain them. If the seat on the court is contested, the top two vote-getters in the primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
are selected as the final candidates.
Appointments
If a vacancy occurs on the court during a term, it will be temporarily filled by an appointment process. The Judicial Nomination Commission submits a list of three to five candidates to the governor of Montana, who then must choose one from that list to appoint. If the governor fails to make a selection within thirty days of receiving the list, the Chief Justice or Acting Chief Justice makes the nomination.All appointments must be confirmed by the Montana Senate
Montana Senate
The Montana Senate is the upper house of the Montana State Legislature, the state legislative branch of the U.S. state of Montana. The body is composed of 50 senators.-Composition of the Senate:-Officers:*Majority Whip: Greg Barkus...
, though recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
s serve on the court until the next session of the Senate begins. If the Senate fails to confirm the appointee, the seat on the court will remain vacant and the selection and nomination process restarts. If confirmed, the appointee serves only until the next general election, and if then elected, only serves the remainder of the unexpired term to which he was initially appointed.
Qualifications
All justices of the Montana Supreme Court must be citizens of the United StatesUnited States nationality law
Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power to establish a uniform rule of naturalization. The Immigration and Naturalization Act sets forth the legal requirements for the acquisition of, and divestiture from, citizenship of...
and residents of Montana for at least two years immediately prior to taking office. They also must have been admitted to practice law in Montana for at least five years prior to the date of election. Justices must reside within the state during their term.
Chief Justice
The Chief Justice is the administrative head of the Supreme Court. He or she presides over oral argumentOral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
and court conferences, and represents the court at all official state functions.
The position of Chief Justice is filled directly by election, and candidates do not need to have previously served as an Associate Justice. Whenever the Chief Justice is temporarily absent, or permanently leaves the court during his term, the justice who is nearest the expiration of their term on the court presides as Acting Chief Justice.
Current members
| Chief Justice | Term began | Term expires | Notes |
|---|---|---|---|
| Mike McGrath Mike McGrath Michael McGrath currently serves as the Chief Justice of the Montana Supreme Court. He was elected in 2008. He also served as Montana's Attorney General from 2000-2008. He was elected in November 2000, and was unopposed for his second term in 2004. He was a member of the Montana Democratic Party... |
2009 | 2016 | Elected 2008; previously served as Attorney General, 2000–2008; |
| Associate Justice | Term began | Term expires | Notes |
| James C. Nelson James C. Nelson James C. Nelson is a Justice of the Montana Supreme Court, having appointed to the Court by Republican Governor Marc Racicot in May 1993.-Education and early career:... |
1993 | 2012 | Appointed by Governor Racicot Marc Racicot Marc F. Racicot is a U.S. politician and lobbyist and member of the Republican Party. He was the governor of Montana from 1993 until 2001. After leaving office, Racicot worked as a lobbyist for the law firm Bracewell & Giuliani. His notable clients included Enron, Burlington Northern Santa Fe,... ; elected 1994; re-elected 1996, 2004 |
| Patricia O'Brien Cotter | 2001 | 2016 | Elected 2000; re-elected 2008 |
| James A. Rice James A. Rice James A. Rice is an American attorney, judge, and politician who is one of the five Associate Justices currently on the Montana Supreme Court. Rice won an unopposed retention vote in 2006; his current term will expire in 2014.... |
2001 | 2014 | Appointed by Governor Martz Judy Martz Judy Martz was the 22nd Governor of Montana, having served a single term from January 2, 2001, to January 3, 2005. Earlier, she was the Lieutenant Governor under Marc Racicot from 1997-2001... ; elected 2002; re-elected 2006 |
| Brian Morris Brian Morris (judge) Brian M. Morris is a Justice of the Montana Supreme Court, having been elected to Court by the voters of Montana in 2004... |
2005 | 2012 | Elected 2004 |
| Mike Wheat | 2010 | 2012 | Appointed by Governor Brian Schweitzer Brian Schweitzer Brian David Schweitzer is an American politician from the U.S. state of Montana. Schweitzer is its 23rd and current governor, serving since January 2005. Schweitzer currently has one of the highest approval ratings among governors in the nation, with polls regularly showing a rating of above 60... , 2009; elected 2010 |
| Beth Baker | 2011 | 2018 | Elected 2010 |
Montana Territorial Supreme Court
| Chief Justice | Term served | Notes |
|---|---|---|
| Hezekiah L. Hosmer Hezekiah Lord Hosmer (judge) Hezekiah Lord Hosmer was a lawyer, judge, journalist, and author.... |
(1864–1868) | Appointed first Chief Justice of Territorial Supreme Court by President Lincoln Abraham Lincoln Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and... |
| Henry L. Warren | (1868–1871) | Appointed by President Johnson Andrew Johnson Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American... |
| Decius Wade Decius Wade Decius Spear Wade was an American attorney, judge, writer, and politician who has been called the "Father of Montana Jurisprudence" for his role in establishing the common law and statutory law of the U.S. state of Montana... |
(1871–1887) | Appointed by President Grant Ulysses S. Grant Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America... |
| N. W. McConnell | (1887–1889) | Appointed by President Cleveland Grover Cleveland Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents... ; resigned |
| Henry N. Blake | (1889) | Appointed by President Harrison William Henry Harrison William Henry Harrison was the ninth President of the United States , an American military officer and politician, and the first president to die in office. He was 68 years, 23 days old when elected, the oldest president elected until Ronald Reagan in 1980, and last President to be born before the... , 1889; previously Associate Justice of Territorial Supreme Court (1875–1885); elected first Chief Justice of Montana Supreme Court after statehood |
Montana Supreme Court
| Chief Justice | Term served | Notes |
|---|---|---|
| Henry N. Blake | (1889–1893) | First Chief Justice of Montana Supreme Court; previously Associate Justice of Territorial Supreme Court (1875–1885); Chief Justice of Territorial Supreme Court (1889) |
| William Y. Pemberton | (1893–1899) | |
| Theodore Brantly | (1899–1922) | Died in office; longest serving Chief Justice to date (23 years) |
| Llewellyn L. Callaway | (1922–1935) | Appointed |
| Walter B. Sands | (1935–1938) | Died in office |
| O. P. Goddard | (1938–1939) | Appointed |
| Howard A. Johnson | (1939–1946) | Resigned |
| Carl Lindquist Carl Lindquist Carl Emil Lindquist was a pitcher in Major League Baseball. He played for the Boston Braves.-External links:... |
(1946) | Appointed |
| Hugh R. Adair | (1947–1956) | Also served as Associate Justice 1943-1946, 1957–1968 |
| James T. Harrison | (1957–1977) | Appointed |
| Paul G. Hatfield Paul G. Hatfield Paul Gerhart Hatfield, was an American politician and a member of the Democratic Party. He served briefly as United States Senator from Montana in 1978, and was later a United States federal judge.-Early life:... |
(1977–1978) | |
| Frank I. Haswell | (1978–1985) | Appointed |
| Jean A. Turnage | (1985–2000) | |
| Karla M. Gray Karla M. Gray Karla M. Gray is an American attorney and judge who served as the Chief Justice of the Montana Supreme Court; she was the first woman elected to that position.... |
(2001–2008) | Elected |
Montana Territorial Supreme Court
| Associate Justice | Term served | Notes |
|---|---|---|
| Ammi Giddings Ammi Giddings Ammi Giddings was an American lawyer and politician from Connecticut, who was twice elected to the Connecticut Senate. He was appointed to the Montana Territorial Supreme Court, but never served.... |
(1864–1865) | Appointed by President Lincoln, but never served; resigned immediately due to ill health, though commission remained in force until 1865 |
| Lorenzo P. Williston Lorenzo P. Williston Lorenzo Parsons Williston was an American attorney, judge, and politician. He was a member of the Pennsylvania House of Representatives, and a founding judge on the territorial supreme courts for both Dakota Territory and Montana Territory.... |
(1864–1868) | Appointed by President Lincoln |
| Lymon E. Munson | (1865–1869) | Appointed by President Lincoln |
| Hiram Knowles Hiram Knowles Hiram Knowles is a former United States federal judge.Born in Penobscot, Maine, Knowles attended Antioch College and received an LL.B. from Harvard Law School in 1860. He was in private practice in Keokuk, Iowa from 1860 to 1862, then in Dayton, Missouri in 1862 and in Humboldt County, Nevada from... |
(1868–1879) | Appointed by President Johnson Andrew Johnson Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American... |
| George G. Symes George G. Symes George Gifford Symes was a U.S. Representative from Colorado.Born in Ashtabula County, Ohio, Symes attended the common schools.He studied law.He was admitted to the bar and practiced.... |
(1869–1871) | Appointed by President Grant Ulysses S. Grant Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America... |
| Francis G. Servis | (1872–1875) | Appointed by President Grant |
| Henry N. Blake | (1875–1885) | Appointed by President Grant; subsequently appointed as Chief Justice of Territorial Supreme Court, 1889; elected first Chief Justice of Supreme Court, 1889–1893 |
| William J. Galbraith | (1879–1888) | Appointed to first term by President Hayes Rutherford B. Hayes Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution... , to subsequent term by President Arthur Chester A. Arthur Chester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing... |
| Everton J. Conger | (1880–1886) | Appointed by President Hayes |
| John Coburn John Coburn (politician) John Coburn was a United States Representative from Indiana and an officer in the Union Army during the American Civil War.-Early life and career:... |
(1884–1886) | Appointed by President Hayes |
| Thomas C. Bach Thomas C. Bach Thomas Cumming Bach was one of the first members of the Supreme Court of the Territory of Montana.His grandfather, Robert Bach , emigrated to New York from Hereford, England, in 1796. His grandmother was Margaret Cowen , who emigrated to New York from Newry, Ireland... |
(1886–1889) | Appointed by President Cleveland Grover Cleveland Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents... |
| James H. McLeary | (1886–1888) | Appointed by President Cleveland |
| Stephen DeWolf | (1888–1889) | Appointed by President Cleveland |
| Moses J. Liddell | (1888–1889) | Appointed by President Cleveland |
Montana Supreme Court
| Associate Justice | Term served | Notes |
|---|---|---|
| William H. DeWitt | (1889–1897) | |
| Edgar N. Harwood | (1889–1895) | |
| William Henry Hunt William Henry Hunt (judge) William Henry Hunt was a state and federal judge and a territorial governor of Puerto Rico.-Early law practice:... |
(1894–1900) | Resigned |
| Horace R. Buck | (1897) | Died in office |
| William Trigg Pigott | (1897–1903) | Appointed |
| Robert L. Word | (1900–1901) | Appointed |
| George R. Milburn | (1901–1907) | |
| William L. Holloway | (1903–1926) | Died in office |
| Henry C. Smith Henry C. Smith Henry Cassorte Smith was a politician from the U.S. state of Michigan.Smith was born in Canandaigua, New York and in the following year moved with his father to a farm near Palmyra, Michigan. He attended the common schools and graduated from Adrian College in 1878. He taught school, studied law,... |
(1907–1913) | |
| Sidney Sanner | (1913–1918) | |
| William Trigg Pigott | (1918) | Appointed; previously served as Associate Justice, 1897–1903 |
| Charles H. Cooper | (1919–1924) | Resigned |
| John Hurley | (1919–1921) | |
| George Y. Patten | (1919) | Appointed to newly created seat; resigned |
| John A. Matthews | (1919–1920) | Appointed; subsequently served as Associate Justice, 1925–1937 |
| Roy E. Ayers Roy E. Ayers Roy Elmer Ayers was a U.S. Democratic politician.He was born on a ranch near Lewistown, Montana; attended the rural schools and Lewistown High School; was graduated from the law department of Valparaiso University in 1903; was admitted to the bar the same year and commenced practice in Lewistown;... |
(1922 - ) | Appointed to newly created seat |
| Albert J. Galen | (1921–1933) | |
| Frank B. Reynolds | (1921–1922) | Died in office |
| George W. Farr | (1922–1923) | Appointed |
| Albert P. Stark | (1923–1929) | |
| Wellington D. Rankin Wellington D. Rankin Wellington D. Rankin was a Republican public official from the state of Montana.He was born Wellington Duncan Rankin on September 16, 1884 in Missoula, Montana, the son of John and Olive Rankin. He grew up in a political family, with several of his relatives holding public office... |
(1924–1925) | Appointed |
| John A. Matthews | (1925–1937) | Previously served as Associate Justice, 1919 |
| Warren Toole | (1926–1927) | Appointed |
| Henry L. Myers Henry L. Myers Henry Lee Myers was a United States Senator from Montana. Born near Boonville, Missouri, he attended private schools, Cooper Institute, and Boonville Academy. He studied law and was admitted to the bar in 1884, commencing practice in Boonville... |
(1927–1929) | Appointed |
| Albert H. Angstman | (1929–1934) | Subsequently served as Associate Justice 1937-1942, 1945-1961 for a total of 28 years |
| Sam C. Ford Sam C. Ford Samuel Clarence Ford was an attorney and the 12th Governor of Montana.Ford was born on November 7, 1882 in Albany, Kentucky. He served as an Attorney General and a Supreme Court Justice in Montana.... |
(1929–1933) | |
| Ralph J. Anderson | (1933–1939) | |
| Sam V. Stewart Sam V. Stewart Samuel Vernon Stewart was an attorney, former Montana Supreme Court Justice and the sixth Governor of Montana.... |
(1933 - ) | Died in office |
| Claude F. Morris | (1935–1947) | |
| Albert H. Angstman | (1937–1942) | Previously served as Associate Justice, 1929–1934; subsequently served 1945-1961 |
| Ralph L. Arnold | (1939–1941) | Appointed |
| Leif Erickson Leif Erickson (politician) Leif Erickson was a politician and jurist in the State of Montana.-Biography:Erickson was born on July 29, 1906 to Oluf and Dora B. Erickson in Cashton, Wisconsin. On December 29, 1932 he married Huberta Burton Brown. He died on December 22, 1998 in Missoula, Montana... |
(1939–1945) | |
| Albert Anderson | (1941–1945) | |
| Hugh R. Adair | (1943–1946) | Subsequently served as Chief Justice, 1947–1956, and again as Associate Justice 1957 - 1968 |
| Albert H. Angstman | (1945–1961) | Previously served as Associate Justice, 1929–1934, and 1945–1961 |
| Edwin K. Cheadle | (1945–1947) | Resigned |
| I. W. Choate | (1947–1949) | Appointed |
| Fred L. Gibson | (1947–1949) | Appointed |
| Lee Metcalf Lee Metcalf Lee Warren Metcalf was an American politician of the Democratic Party and was a United States Representative, and a United States Senator from Montana.... |
(1947–1953) | |
| R. V. Bottomly | (1949–1961) | |
| Harrison J. Freebourn | (1949–1954) | |
| Forrest H. Anderson Forrest H. Anderson Forrest Howard Anderson was an American politician and judge who served as the 17th Governor of Montana from 1969 to 1973. He was a Democrat. Anderson served in the Montana House of Representatives. Anderson was also an Associate Justice on the Montana Supreme Court from 1953–1956 and Montana... |
(1953–1956) | |
| Horace S. Davis | (1954–1957) | Appointed |
| Hugh R. Adair | (1957–1968) | Previously served as Associate Justice, 1943–1946 and as Chief Justice, 1947–1956 |
| Wesley Castles | (1957–1977) | Appointed |
| Stanley M. Doyle | (1961–1967) | Appointed; resigned |
| John C. Harrison | (1961–1994) | Longest serving justice in history of the court |
| Frank I. Haswell | (1967–1978) | Appointed; subsequently served as Chief Justice, 1978–1985 |
| John W. Bonner John W. Bonner John Woodrow Bonner was an attorney and the 13th Governor of Montana.Bonner was born in Butte, Montana, graduating from high school in that city, and received his undergraduate and law degrees from Montana State University - now the University of Montana in Missoula.On February 3, 1929 he married... |
(1969–1970) | Died in office |
| Gene B. Daly | (1970–1983) | Appointed |
| Daniel J. Shea | (1977–1985) | |
| John C. Sheehy | (1978–1991) | Appointed |
| Frank B. Morrison | (1981–1987) | Resigned |
| Fred J. Weber | (1981–1995) | |
| J. C. Gulbrandson | (1983–1989) | |
| William E. Hunt | (1985–2000) | |
| R. C. McDonough | (1987–1993) | |
| Diane G. Barz | (1989–1990) | First woman to serve on the court; resigned |
| Terry N. Trieweiler | (1990–2003) | |
| Karla M. Gray Karla M. Gray Karla M. Gray is an American attorney and judge who served as the Chief Justice of the Montana Supreme Court; she was the first woman elected to that position.... |
(1991–2000) | Subsequently served as Chief Justice, 2000 to 2008 |
| Charles E. "Chip" Erdman | (1995–1997) | |
| Jim Regnier | (1997–2004) | |
| John Warner John Warner (judge) John Warner is an American attorney and judge who was one of the five Associate Justices on the Montana Supreme Court. Warner won an unopposed retention vote in 2006; he retired from the court in 2009.... |
(2003–2009) | |
| W. William Leaphart | (1995–2010) | Elected 1994; re-elected 2002 |
Other court personnel
The Clerk of the Supreme Court is chosen by popular election for six year terms. The Clerk has the following duties by statute:keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law; adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices; file all papers or transcripts required by law to be filed; issue writs and certificates and approve bonds or undertakings when required; make out all transcripts to the supreme court of the United States; make copies of papers or records when demanded by law or the rules of the court; and perform other duties as may be required by law and the rules and practice of the supreme court.
-
- Mont. Code § 3-2-402.
The Marshall of the Supreme Court is appointed by the court, and is an employee of the judicial branch. The Marshall generally attends upon the Supreme Court during each term, and acts as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
, executive officer, and court crier. He has the duty of serving all processes
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
from the court within the state, and acts with the powers and duties of a sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
to the District Courts when necessary.
Jurisdiction
The Montana Supreme Court hears civil and criminal appeals directly from the Montana District Courts, which are the trial courtTrial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
in the state; Montana is one of ten states in the United States that does not have a distinct intermediate appellate court. The court also hears appeals from the Montana Water Courts and the Montana Workers' Compensation Court, which are specialized courts established by the legislation rather than part of the judicial branch under the Montana Constitution.
The Montana Supreme Court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over the so-called extraordinary writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s, which include habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
, review
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, mandate
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
, and supervisory control. This jurisdiction is concurrent
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
with the Montana District Courts.
The Montana Supreme Court also may exercise original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in a case that has not been through a District Court if there are no facts in dispute and the case presents only legal or constitutional questions.
Supervision of the courts and the practice of law
The Montana Constitution grants the Montana Supreme Court broad administrative authority over the state court system to ensure its efficient and effective operation. It has general authority to adopt rules of practice and procedure for the lower courts. It also regulates the admissionAdmission to the bar
An admission to practice law, also called admission to the bar, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship...
of attorneys to the state bar, and the conduct
Legal ethics
Legal ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law and persons more generally in the legal sector.-In the United States:...
of attorneys and judges generally. The Montana Supreme Court appoints the Court Administrator, who performs such duties as preparing and submitting the judicial budget to the legislature, compiling statistics on the business of the courts, and recommending improvements in the judiciary to the Supreme Court.
Boards and commissions
To fulfill its duties, the Montana Supreme Court manages twenty specialized boards and commissions, to which it appoints members to terms of either indefinite or specified length depending on the specific body. The structure of these commissions vary as well, such that some are composed exclusively of practicing attorneys, while others have a mixture of attorneys, judges, and laypeople.
|
Practice of law In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,... |
Appeals from inferior courts
Appeals to the Montana Supreme Court are "appeals of right," meaning that the court does not have discretion as to whether it accepts review of the lower court's decision. Appeals are taken from both civil and criminal matters by a party filing a notice of appeal in the District Court that issued the order or judgment from which the appeal is sought. ContemptContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
orders are not appealable, and so can only be reviewed on application for a writ of review.
Criminal defendants may appeal only from final judgments of convictions, and other orders after judgment that affect substantive rights. Indigent defendants are guaranteed representation by counsel at the State's expense. The State does not have the right to appeal from acquittals or convictions, but may appeal from court orders or judgments that dismiss charges, modify verdicts, grant new trials, quash arrests or search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
s, suppress evidence, suppress confessions or admissions, grant or deny a change of venue
Change of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
, or impose a sentence that is contrary to law.
The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had. When a lower court's judgment is altered on review of civil matters, the court may order restitution for any property or rights that a party lost due to an erroneous order, either by ordering it directly, or by ordering to District Court to itself order it. On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offence of which the defendant was convicted to a lesser included offense
Lesser included offense
A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime....
; reduce the punishment imposed by the lower court; or order a new trial.
Applications for original writs
Applications for originalOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s are filed directly with the Montana Supreme Court. The court may then order that a summary response from opposing parties be filed immediately, or may dismiss the application at its next conference without such an order. If a summary response is ordered, the court considers the filings at its next conference. The court will subsequently dismiss the application, accept jurisdiction, order more extensive briefing on any issue raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. Pending its disposition of the application for the writ, the court may stay
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
a lower court's proceedings, on motion by a party for good cause shown, or sua sponte.
Individual justices may issue writs of habeas corpus on behalf of anyone held in custody for return to themselves, the full Supreme Court, or the District Courts. Individual justices may also issue writs of certiorari to review judgments of contempt.
Conference and argument
The Montana Supreme Court has promulgated Internal Operating Rules for its internal governance. The justices meet in conference twice a week to discuss pending matters. Its Tuesday conferences considers pending petitions for original jurisdiction, and matters that should be considered by the full court. Its Thursday conferences consider proposed opinions, petitions for rehearing, and appeal classifications. A five-justice panel determines how appeals to the Montana Supreme Court are reviewed by the court, such as for full oral argumentOral argument
Oral arguments are spoken presentations to a judge or appellate court by a lawyer of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute...
before the court sitting en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, or to be decided purely on the briefs
Brief (law)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....
submitted to either the court en banc or to a five-justice panel.
The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August. Briefs from amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
are accepted only if all parties consent in writing, or the court grants leave on motion stating the interest of the applicant and the reasons why it should participate. A motion of an amicus curiae for leave to participate in oral argument is granted only for "extraordinary reasons."
A majority of the court is required for quorum, and a majority of the court must concur in all decisions. If a justice is disqualified or otherwise unable to participate in a case, a District Court judge is substituted, and their opinion is given the same weight in that case as a sitting justice.
Written decisions
By statute, all decisions of the Montana Supreme Court must be in writing, and must set forth the grounds of the decision. However, it is up to the court to decide whether an unelaborated order or a full opinion is appropriate. If a full opinion is to be issued, its drafting is assigned to a justice during conference. The court attempts to hand down its decision within 120 days of when the case is submitted. All justices must indicate their concurrence in the opinion by signing it, and all justices disagreeing with the majority's decision must indicate this in a written dissentDissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
.
Citations and case reporters
Opinions of the Montana Supreme Court are assigned a "public domainPublic domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
" or "neutral-format" case citation
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, which consists of the year of decision, the state’s postal abbreviation, and finally a sequential number; the court’s sixth decision handed down during 2006, for example, would have the citation 2006 MT 6. The citations of decisions that have been designated as not for publication are followed by an "N" (e.g., 2006 MT 6N), to indicate that those decisions should not be cited for precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
ial value in any court. All decisions have numbered paragraphs, so that pinpoint citations can be used without reference to print reporters.
The Montana Reports, published by State Reporter Publishing Company, is the official case reporter of Montana Supreme Court opinions. Its opinions are also included in the regional Pacific Reporter
Pacific Reporter
The Pacific Reporter, Pacific Reporter Second and Pacific Reporter Third are United States regional case law reporters. It is part of the National Reporter System created by John B...
published by West Group. When citing to its previous decisions, the Montana Supreme Court cites to both print reporters as well as the neutral-format citation.
Notable decisions
- State v. 1993 Chevrolet Pickup, 116 P.3dPacific ReporterThe Pacific Reporter, Pacific Reporter Second and Pacific Reporter Third are United States regional case law reporters. It is part of the National Reporter System created by John B...
800 (Mont. 2005). The court ruled 6-2 that a warrantless search and seizure of a man's trash did not violate his constitutional rights. Justice James C. NelsonJames C. NelsonJames C. Nelson is a Justice of the Montana Supreme Court, having appointed to the Court by Republican Governor Marc Racicot in May 1993.-Education and early career:...
's reluctant concurrenceConcurring opinionIn law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
, which he based purely on existing court precedentPrecedentIn common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
, received significant attention for his dire warnings about the erosion of civil libertiesCivil libertiesCivil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
. His opinion described the amount of personal information contained in trash, such as DNADNADeoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
, and the invasions of privacy he saw becoming more common in other areas of life. "I don't like living in OrwellGeorge OrwellEric Arthur Blair , better known by his pen name George Orwell, was an English author and journalist...
's Nineteen Eighty-FourNineteen Eighty-FourNineteen Eighty-Four by George Orwell is a dystopian novel about Oceania, a society ruled by the oligarchical dictatorship of the Party...
; but I do." He warned that "eventually, we are all going to become collateral damage in the war on drugsWar on DrugsThe War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
, or terrorismWar on TerrorThe War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
, or whatever war is in vogue at the moment."
- Columbia Falls Elem. Sch. Dist. No. 6 v. State, 109 P.3d 257 (Mont. 2005). The court unanimously ruled that the state's public school system violated the Montana Constitution's requirement for the Legislature to fund and establish free schooling so as to provide students with a "quality" education.
- Big Spring v. Jore, 109 P.3d 219 (Mont. 2005). The court ruled 6-1 that seven double-punched ballotBallotA ballot is a device used to record choices made by voters. Each voter uses one ballot, and ballots are not shared. In the simplest elections, a ballot may be a simple scrap of paper on which each voter writes in the name of a candidate, but governmental elections use pre-printed to protect the...
s in an extremely close election for a seat in the Montana House of RepresentativesMontana House of RepresentativesThe Montana House of Representatives is, with the Montana Senate, one of the two houses of the Montana Legislature. Composed of 100 members, the House elects its leadership every two years.-Composition of the House:...
should not have been counted, because ballots were only valid under state law if the voter's intent could be clearly determined. The invalidation of those seven votes gave the election to Democrat Jeanne Windham, whose win gave the Democrats the one seat they needed to have a majority in the Montana House. Had the trial court's counting of those votes been upheld, her opponent, Rick JoreRick JoreRick Jore, a Montana politician and businessman, was a member of the 2006 Montana House of Representatives and chairman of the education committee. Jore was born and raised in Ronan, Montana and received his associates degree from North Idaho College in 1978...
, would have been the first Constitution PartyConstitution Party (United States)The Constitution Party is a paleoconservative political party in the United States. It was founded as the U.S. Taxpayers' Party by Howard Philips in 1991. Phillips was the party's candidate in the 1992, 1996 and 2000 presidential elections...
candidate to have won an election at the state level.
- Snetsinger v. Mont. Univ. Sys., 104 P.3d 445 (Mont. 2004). The court ruled 5-3 that the ineligibility of gay and lesbian employees of the University of Montana for domestic partner benefits violated their right to equal protection under the Montana Constitution.
External links
FindLaw
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen and Tim Stanley in 1995, and was acquired by Thomson West in 2001....