Montana Supreme Court
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The Montana Supreme Court is the
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
of the state court system in the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
. It is established and its powers defined by Article VII of the 1972
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 o ...
. It is primarily an
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
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 Joseph P. Mazurek Building in
Helena, Montana Helena (; ) is the capital city of Montana, United States, and the county seat of Lewis and Clark County. Helena was founded as a gold camp during the Montana gold rush, and established on October 30, 1864. Due to the gold rush, Helena would ...
, the state's capital, an international style building completed in 1982 and named in the honor of former Montana Attorney General,
Joseph P. Mazurek Joseph P. Mazurek (July 27, 1948 – August 28, 2012) was the 21st Attorney General of Montana and a Montana State Senator from 1981 to 1993. Early life Mazurek was born on July 27, 1948, in San Diego, California. Mazurek's parents were Priscil ...
.


History


Montana Territorial Supreme Court

On May 26, 1864, the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
passed the Organic Act, which formed the
Montana Territory The Territory of Montana was an organized incorporated territory of the United States that existed from May 26, 1864, until November 8, 1889, when it was admitted as the 41st state in the Union as the state of Montana. Original boundaries T ...
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 The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
and confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
; the court's first members were chosen by President
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 â€“ April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
in 1864. The Montana Territorial Supreme Court held its first session in
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 were designated a National Historic Landmark District, the Virginia City Historic District. The population was 2 ...
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.


Montana Supreme Court

Article VIII of the 1889
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 o ...
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.


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 The Montana State Legislature is the state legislature of the U.S. state of Montana. It is composed of the 100-member Montana House of Representatives and the 50-member Montana Senate. The Montana Constitution dictates that the legislature meet ...
to increase the number of Associate Justices to six. Each justice is elected for an eight-year term in a statewide,
nonpartisan Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party. While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...
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 elections, or direct primary are a voting process by which voters can indicate their preference for their party's candidate, or a candidate in general, in an upcoming general election, local election, or by-election. Depending on the ...
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 The governor of Montana is the head of government of MontanaMontana Constitution, Article VI, Section 4. and the commander-in-chief of the U.S. state, state's Montana National Guard, military forces. The governor has a duty to enforce state laws, ...
, 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, though
recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the advi ...
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 States 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. In ''Cross v. VanDyke'', the Montana Supreme Court held that admitted to the bar meant even though VanDyke was not an active member of the bar for five years, he was still eligible to run as a candidate for justice since his active and inactive time combined for at least five years. Justices must reside within the state during their term.


Chief Justice

The chief justice is the administrative head of the Supreme Court. The chief justice presides over
oral argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
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.


Members


Current members


Other court personnel

The Clerk of the Montana Supreme Court is chosen by popular election for six year terms. The Clerk has the following duties by statute: :(a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law; :(b) 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; :(c) file all papers or transcripts required by law to be filed; :(d) issue writs and certificates and approve bonds or undertakings when required; :(e) make out all transcripts to the supreme court of the United States; :(f) make copies of papers or records when demanded by law or the rules of the court; and :(g) perform other duties as may be required by law and the rules and practice of the supreme court. :: MCA § 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 A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
, executive officer, and
court crier A town crier, also called a bellman, is an officer of a royal court or public authority who makes public pronouncements as required. Duties and functions The town crier was used to make public announcements in the streets. Criers often dres ...
. He has the duty of serving all processes from the court within the state, and acts with the powers and duties of a
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
to the District Courts when necessary.


Jurisdiction

The Montana Supreme Court hears civil and criminal appeals directly from the
Montana District Courts Montana District Courts are the state trial courts of general jurisdiction in the U.S. state of Montana. Montana District Courts have original jurisdiction over most civil cases (at law and in equity), civil actions involving monetary claims agai ...
, which are the
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s of
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts ar ...
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 Court The Montana Water Court is a court of law in the U.S. state of Montana which has jurisdiction over the adjudication of water rights. The filing, verification, recording, and enforcement of water rights in the Montana Territory and, later, the sta ...
s 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 In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...
over the so-called extraordinary
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s, which include ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'',
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
,
review A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a content rating, ...
, mandate, ''
quo warranto In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
'', and
supervisory control Supervisory control is a general term for control of many individual controllers or control loops, such as within a distributed control system. It refers to a high level of overall monitoring of individual process controllers, which is not necessa ...
. This jurisdiction is
concurrent Concurrent means happening at the same time. Concurrency, concurrent, or concurrence may refer to: Law * Concurrence, in jurisprudence, the need to prove both ''actus reus'' and ''mens rea'' * Concurring opinion (also called a "concurrence"), a ...
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.


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
admission Admission may refer to: Arts and media * "Admissions" (''CSI: NY''), an episode of ''CSI: NY'' * ''Admissions'' (film), a 2011 short film starring James Cromwell * ''Admission'' (film), a 2013 comedy film * ''Admission'', a 2019 album by Florida s ...
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.


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.


Procedures


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.
Contempt Contempt is a pattern of attitudes and behaviour, often towards an individual or a group, but sometimes towards an ideology, which has the characteristics of disgust and anger. The word originated in 1393 in Old French contempt, contemps, ...
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 A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
s, suppress evidence, suppress confessions or admissions, grant or deny a
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 public ...
, 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 In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of tr ...
; reduce the punishment imposed by the lower court; or order a new trial.


Applications for original writs

Applications for
original Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion t ...
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
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 may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
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 argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
before the court sitting ''
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
'', or to be decided purely on the
briefs Briefs (or a brief) are a type of short, form-fitting Undergarment, underwear and swimsuit, swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric ...
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 An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
'' 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.Mont. Code § 3-2-601. However, it is up to the court to decide whether an unelaborated order or a full opinion is appropriate.Chief Justice Gray has expressed her preference for unelaborated orders: "In the face of our increasing workload, and the fact that we are primarily an ‘appeal of right’ Court, it strikes me as inherently very unfair to our appellate litigants when we unnecessarily divert our efforts from their appeals to the extent we do here or in other similar matters by issuing a full opinion." ''Inter-Fluve v. Mont. Eighteenth Judicial Dist. Court'', 112 P.3d 258, 265 (Mont. 2005) (Gray, C.J., concurring in part and dissenting in part). 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
dissent Dissent is an opinion, philosophy or sentiment of non-agreement or opposition to a prevailing idea or policy enforced under the authority of a government, political party or other entity or individual. A dissenting person may be referred to as ...
.


Citations and case reporters

Opinions of the Montana Supreme Court are assigned a "
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
" or "neutral-format"
case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case ci ...
, 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 A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
ial value in any court. All decisions have numbered paragraphs, so that
pinpoint citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case ci ...
s 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 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. West for West Publishing Company, which is now par ...
'' published by
West Group West (also known by its original name, West Publishing) is a business owned by Thomson Reuters that publishes legal, business, and regulatory information in print, and on electronic services such as Westlaw. Since the late 19th century, West ha ...
. 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 State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our ...
'', 116 P.3d 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. Nelson's reluctant
concurrence In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both ("guilty action") and ("guilty mind"), to constitute a crime; except in crimes of strict liability ...
, which he based purely on existing court
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
, received significant attention for his dire warnings about the erosion of
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
. His opinion described the amount of personal information contained in trash, such as DNA, and the invasions of privacy he saw becoming more common in other areas of life. "I don't like living in
Orwell Eric Arthur Blair (25 June 1903 – 21 January 1950), better known by his pen name George Orwell, was an English novelist, essayist, journalist, and critic. His work is characterised by lucid prose, social criticism, opposition to totalitari ...
's ''
Nineteen Eighty-Four ''Nineteen Eighty-Four'' (also stylised as ''1984'') is a dystopian social science fiction novel and cautionary tale written by the English writer George Orwell. It was published on 8 June 1949 by Secker & Warburg as Orwell's ninth and final ...
''; but I do." He warned that "eventually, we are all going to become collateral damage in the
war on drugs The war on drugs is a Globalization, global campaign, led by the United States federal government, of prohibition of drugs, drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the Unite ...
, or
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
, or whatever war is in vogue at the moment." *''
Columbia Falls Elem. Sch. Dist. No. 6 v. State Columbia may refer to: * Columbia (personification), the historical female national personification of the United States, and a poetic name for America Places North America Natural features * Columbia Plateau, a geologic and geographic region in ...
'', 109 P.3d 257 (Mont. 2005). The court unanimously ruled that the state's
public school Public school may refer to: * State school (known as a public school in many countries), a no-fee school, publicly funded and operated by the government * Public school (United Kingdom), certain elite fee-charging independent schools in England an ...
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
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16t ...
s in an extremely close election for a seat in the
Montana House of Representatives The 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 :''67th Legislature – 2021†...
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 Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
Jeanne Windham Jeanne Windham is a psychologist and mediator from Polson, Montana who served one term as a Democratic member of the Montana House of Representatives. She was unseated in 2006 by Rick Jore of the Constitution Party, whom she had defeated in 2 ...
, 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 Jore Rick Jore (born December 21, 1956) is an American politician and businessman who served as a member of the Montana House of Representatives from 1995 to 2001 and 2007 to 2009. Early life and education Jore was born and raised in Ronan, Montana ...
, would have been the first Constitution Party 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 The University of Montana (UM) is a public research university in Missoula, Montana. UM is a flagship institution of the Montana University System and its second largest campus. UM reported 10,962 undergraduate and graduate students in the fal ...
for
domestic partner A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
benefits violated their right to
equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
under the Montana Constitution. *
Baxter v. Montana ''Baxter v. Montana'', is a Montana Supreme Court case, argued on September 2, 2009, and decided on December 31, 2009, that addressed the question of whether the state's constitution guaranteed terminally ill patients a right to lethal prescript ...
*
State v. Gryczan State may refer to: Arts, entertainment, and media Literature * '' State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our ...


Notes


References


History of the Montana Judicial Branch1989-2005 Annual Reports of the Montana Judicial System
these include statistics for the caseload of the Montana Supreme Court as well as the District Courts, as well as the address of the Chief Justice to the joint session of the Montana Legislature, a history of the court and overview of its functions and procedures, and lists and profiles of the justices.
Chief Justices of Montana


External links


Official site of the Montana Supreme Court
at
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. ...
{{authority control State supreme courts of the United States Government of Montana Montana state courts 1864 establishments in Montana Territory 1889 establishments in Montana Courts and tribunals established in 1864 Courts and tribunals established in 1889