JUNE 2020

HIGH SCHOOL MOCK TRIAL BAR HOSTS INAUGURAL STATE COMPETITION

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IN THIS ISSUE FEATURE ARTICLES

4 PRESIDENT’S MESSAGE 6 MEMBER NEWS 9 FASTCASE BYTES 11 YOU SHOULD KNOW 28 EQUAL JUSTICE 29 IN MEMORIAM 30 JOBS/CLASSIFIEDS 20

ON THE COVER HIGH SCHOOL MOCK TRIAL HAS DAY IN COURT Twelve teams from all corners of the state — and dozens of volunteer lawyers — in the inaugural event.

SPECIAL COVID-19 COVERAGE Lars Phillips looks at quarantine law in Montana — PAGE 12 How did Congress’ pandemic response affect bankruptcy, COURTROOM ART. The State provide consumer relief? — PAGE 16 Bar of Montana hosted the in- BETTR Section chair Justin Bryan offers tips on remote augural Montana High School notarizations, safely executing documents — PAGE 25 Mock Trial Competition this year, which included a court artist contest, won by Sydney NEW PROJECT ENCOURAGES EMERITUS STATUS Loudermilk of Flathead High, shown on the cover along Second Act Justice Project allows retired attorneys to provde with the two runners-up. civil legal aid to — PAGE 28

WWW.MONTANABAR.ORG JUNE2020 3 PRESIDENT & EXECUTIVE DIRECTOR’S MESSAGE State Bar pledges to continue to lead our profession during these uncertain times

We are writing to you with a joint this may change the landscape of how message for this edition of the Montana we deliver CLE credits in the future. Lawyer during this unique time in There are many resources avail- our lives, our country, and our great able to you online through the State state. As you read this message, many Bar website and the American Bar of you probably just finished one of Association to guide you through these many Zoom meetings you will have difficult times and to provide you as this week, attended court by Poly Com much information as possible. These app, or met with a client in person resources range from articles regarding while wearing a mask. How times have the economy, online CLE credits, job changed since you received your last opportunities, COVID-19 resources, Montana Lawyer. Given the current JULI PIERCE JOHN MUDD and the results of the most recent State state of affairs in our country, we are Bar election. also keenly aware of the need to con- Finally, the bar exam will proceed tinue to be leaders who speak the trust, well and we hope it will go even more as planned in July with appropriate stand strong, and hold up the rule of smoothly in the years to come. safety measures and social distancing law in our communities. As attorneys Fiscally, the State Bar is strong and in place. The Board of Trustees have we need to lead against injustice and continues to function very well dur- petitioned the Supreme Court to ex- seek to continue to establish and up- ing these difficult times. All employees tend the student practice rule for those hold justice in our communities. have been working remotely and there who are physically unable or do not feel We write to bring you as many posi- have been no layoffs or temporary comfortable taking the July bar exam. tive things as possible with this issue of furloughs. We welcome your comments on this the Montana Lawyer. This issue brings Over the last several weeks, the petition. you updates and photos from the first State Bar has offered many online CLE We wish you all nothing but contin- annual Mock Trial competition that opportunities, most of them free of ued safety, health, and wellness. Please took place in Helena in March. We had charge, and hundreds of you have taken take care of yourselves and each other a great turnout and the high school advantage of the classes that we have and reach out to us at any time. students did a fantastic job. Thank you offered. These are unique opportunities again to all of you who gave your time because in a big state like ours where Juli Pierce and John Mudd on the weekend to judge and assist. We travel time often dissuades us from look forward to many more years and attending out-of-town CLE meetings. President and Executive Director, making this program even bigger in The pandemic has forced us to reassess State Bar of Montana the future. The event turned out very how we offer CLE opportunities, and

Montana Lawyer Subscriptions are STATE BAR OFFICERS Elizabeth Brennan, Bozeman a benefit of State Bar membership. Missoula Alanah Griffith, Subscriptions for nonmembers are President Erica Grinde, Missoula Big Sky available for $50 per year. Juli Pierce, Billings Brian C. Smith, Missoula Shane P. Coleman, Advertising rates and subscrip- President-Elect Billings tion information are available upon Kate McGrath Ellis, Kaylan Minor, Dillon The official magazine of the State Bar request or at www.montanabar.org/ Helena Channing Hartelius, Ben T. Sather, Billings of Montana is published 10 times a page/MTLawyer. Secretary-Treasurer Great Falls Eli Patten, Billings year. State Bar of Montana, 33 S. Last Statements and expressions of David Steele, Missoula Paul Haffeman, ABA DELEGATES Chance Gulch, Suite 1B, P.O. Box 577, opinion appearing in the Montana Great Falls Tucker Gannett, Billings Helena MT 59624. 406-442-7660; Fax Immediate Lawyer are those of the advertisers or (State Bar Delegate) 406-442-7763. Past President Kent Sipe, Roundup authors and do not necessarily reflect Eric Nord, Billings Danna Jackson, Helena Eli Patten, Billings Montana Lawyer Staff the views of the State Bar of Montana. Chair of the Board J. Stuart Segrest, (Delegate at Large) Publisher | John Mudd Postmaster: Send address changes Brian C. Smith, Missoula Helena Shane Vannatta, Editor | Joe Menden to Montana Lawyer, P.O. Box 577, BOARD OF TRUSTEES Aislinn Brown, Helena Missoula (Statewide 406-447-2200; fax: 442-7763 Helena MT 59624. Ryan Hennen, Kalispell Delegate ) email: [email protected] Christopher Gray,

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8 MONTANALAWYER WWW.MONTANABAR.ORG WWW.MONTANABAR.ORG NOVEMBER2018 25 WWW.MONTANABAR.ORG JUNE2020 5

2018 November2.indd 25 11/22/2018 11:18:18 PM MEMBER NEWS CAREER MOVES Lyndes joins Jackson, she gets to be closer to her family. Turner joins Ries Law Megan Moore Law, PLLC, will Murdo & Grant focus on family law, criminal defense, Group as attorney, Jackson, Murdo & Grant, P.C is and general civil litigation. Moore is a project manager proud to welcome Erin M. Lyndes. proud member of the CJA panel for the Lyndes joins the firm as an associate Billings district and serves as conflict Ries Law Group, P.C., welcomes attorney focused on general civil litiga- counsel for the Montana Office of the Robin Turner to the team as attorney tion and business and criminal law. She Public Defender. She is excited to get to and project manager. graduated from know her new community and put her Turner brings over 10 years of client the University of experience to work serving clients on a representation, policy advocacy, and Montana in May personal level. For more information, training experience to Ries Law Group. of 2019. During please visit meganmoorelawpllc.com. She was the Public Policy and Legal law school, she Director at the Montana Coalition was a member Missoula’s Cotner Law Against Domestic and Sexual Violence of the National welcomes Geist to firm for the last five years, where she led a Moot Court statewide legal Team, interned Thorin Geist has joined Cotner Law, services project Lyndes at the Missoula- PLLC, law office in Missoula. focused on serv- based firm Boone Geist graduated from the University ing survivors of Karlberg, P.C., and of Alaska, Fairbanks, with dual degrees sexual violence in completed a year-long clinic with the in psychology and criminal justice in civil legal cases. Missoula County Attorney’s Office. 2005. In 2007 he earned his law de- She also provided Lyndes was born and raised in gree from the University of Montana policy strategic Helena and looks forward to working in School of Law, where he received the leadership for the her hometown community. Carol Mitchell Award for excellence in Turner organization and Alternate Dispute Resolution. directed statewide Moore opens family law, Geist’s practice is focused on civil trainings on expert witness testimony, and tort litigation, where he represents mandatory reporting of child abuse, criminal defense, clients in a wide range of matters. He survivor privacy and advocate confiden- civil litigation firm is also an experienced mediator and is tiality, ethical obligations of attorneys routinely called on to serve as a special serving survivors. Megan M. Moore (formerly Melvin) prosecutor for counties in Western Turner currently serves on the is pleased to announce the opening of Montana. Montana Attorney General Sexual her new solo practice, Megan Moore He previously was a deputy county Assault Forensic Exam Task Force Law, PLLC, in Bozeman. attorney in Ravalli County. and is a past co-chair of the Justice Moore graduated from the University Initiatives Committee of the State Bar of Montana School Haynes becomes partner of Montana. She is a current member of Law in 2017. of the American Bar Association’s During law school at Joyce & MacDonald she interned at Steering Committee on Supervision Joyce & MacDonald, PLLP, is pleased Datsopoulos, Best Practices for Domestic & Sexual to announce that Michael W. Haynes MacDonald & Lind Violence Attorneys. has been named a partner of the per- and upon gradu- Formed in 2016, Ries Law Group sonal injury law firm ation, practiced provides civil legal assistance to survi- as of Jan. 1, 2020. at Schulte Law vors of domestic and sexual violence Haynes, a Moore Firm and Cotner in Western Montana, with a special Butte High School Law in Missoula. focus on trauma-informed family law. graduate, contin- During law school, she was a member Attorneys Brandi Ries and Emily Lucas ued his education of the National Moot Court team and have a combined 18 years of legal at Montana Tech completed her clinical internship at experience in family law, mediation, of the University of the Federal Defenders of Montana. She and other holistic civil legal services for Montana, graduat- survivors of violence. The firm helped received the Montana Trial Lawyers Haynes ing in 2009 with Association scholarship for her excel- to originate and currently supervises a bachelor’s degree lence in trial advocacy. She recently the Domestic Violence legal clinic at the in business and information technol- made the move to Bozeman, where her Alexander Blewett III School of Law at ogy. In 2013, he graduated from the the University of Montana. husband owns an engineering firm and

6 MONTANALAWYER WWW.MONTANABAR.ORG University of Montana School of Law of Montana School of Law in 2013. He with a Juris Doctor degree. After pass- then clerked at the state court level in ing the Montana bar exam, he began Yellowstone County for Judge Gregory practicing law at Joyce, Johnston & Todd. After that, he prosecuted misde- MacDonald, PLLP, now known as Joyce meanor and felony crimes as a deputy & MacDonald, PLLP. county attorney with the Yellowstone Haynes and his wife, Jessi, are excit- County Attorney’s Office. He then came ed to be in Butte raising their 3-year-old to the civil side and represented injured daughter, Isla and their 6-month-old workers in Montana at both Russ Plath Gerstner Adam son, Enys. Law and Odegaard Miller. Haynes and the legal team at Joyce Odegaard Miller Law, announce that & MacDonald represent those who have they have joined to open Gerstner Silverman Law Office been injured, abused, or hurt in any way Adam Law in Billings. The firm will welcomes Paul to its due to the fault of someone else. They focus on representing plaintiffs in per- take pride in getting fair treatment and sonal injury and workers’ compensation Bozeman office compensation for their clients. claims. Silverman Law Office has announced Haynes can be reached at 406-723- Gerstner graduated from the that Valerie Wyman Paul has joined 8700 or by appointment at his office University of Montana School of Law the firm as an associate at its Bozeman located on the main floor of the historic with honors in 2012. After graduation, office. Finlen Hotel at 100 E. Broadway in he served as a law clerk to Judge Susan Paul will be offering services to Butte. Watters in both state and federal courts. Montana’s business sector as part of the When his term as a law clerk expired, firm’s virtual in-house counsel program, Colin worked with some of the best Gerstner Adam Law advising on com- attorneys in the state at Bishop, Heenan opens in Billings mon legal issues & Davies. In August 2017, he formed affecting business: Gerstner Law. Colin Gerstner, formerly of Gerstner commercial trans- Adam graduated from the University Law, and Paul Adam, formerly of actions, contracts, real estate transac- tions, labor and employment mat- Do you have clients who have been ters, intellectual Paul property issues, injured as a result of receiving and legal opera- medical care in Washington? tions. Paul believes legal services should be predictable, reliable, and available “on demand” to help businesses with all the challenges they regularly confront,. If so, we can help. With 15 years in the practice of law, Paul has developed a passion for work- Our fi ve-attorney fi rm limits its ing closely with business clients and practice to medical malpractice individuals to achieve their objectives. cases. We have represented She worked for a Bozeman law firm before transitioning to in-house counsel Montana residents in work at Montana owned and operated such cases and would Town Pump, Inc., where she was able welcome your referrals. to provide tailored advice to one of the state’s largest corporations. While earning her bachelor’s degree at the University of Nevada, Reno, Paul Medical Malpractice. worked with lawmakers at the state It’s All We Do. and federal level, triggering a lifelong interest in the rule of law. She went on to earn her Juris Doctorate at the 206.443.8600 University of Montana School of Law, cmglaw.com graduating in 2005. When she’s not working, she enjoys

WWW.MONTANABAR.ORG JUNE2020 7 exploring the wilds of Montana by foot, Spooner, CEO of Gravis Law. “As Jeff’s knowledge, and his advice to assist ski, and boat. practice is national in scope, bringing lawyers in providing the best possible his Business and Transactional law prac- representation of their clients.” Heutmaker joins Gravis tice into the Gravis Law fold will help us James also noted that Drummond Law’s Montana office to better serve our business and startup publishes the Montana Bankruptcy clients both in the Flathead Valley and Reporter, a website that keeps track of Jeffrey M. Heutmaker of Whitefish throughout the rest of the country.” and publishes Montana bankruptcy court decisions., and that he has taken announced that he has joined Gravis HONORS Law. on an additional role as a Chapter 12 Heutmaker, who founded Trustee for a significant portion of Heutmaker Law in 2004, has 31 years Drummond Receives Montana. of experience practicing in corporate Professionalism Award In addition to publishing the finance, mergers and acquisitions, from The Academy Montana Bankruptcy Reporter, intellectual property licensing and Drummond is the editor of the NACTT general business law. He works with Robert G. Drummond of Great Falls Quarterly. He has been a member of entrepreneurs and early- and later- was awarded the 2019 Don Torgenrud NACTT since 1992 and served as its stage businesses in a variety of indus- Professionalism Award by The Academy president from 2012 – 2013. He has tries, including software development, of the National Association of Chapter twice chaired the Montana Bankruptcy biotechnology, 13 Trustees. Section. He has published numer- medical and dental This award is made in memory of ous articles dealing with Chapter 13 devices, manu- Don Torgenrud to a member of the bankruptcy in several national publica- facturing, power Bankruptcy Section of the State Bar of tions. (See page 16 for his article on the sports, agriculture, Montana recognizing an individual who federal CARES Act and Small Business internet commerce exemplifies the Reorganization Act.) and infrastruc- highest standards ture, retail services of professional Tanner appointed as and energy. He conduct in their Appellate Lawyer Rep will continue his everyday practice. Heutmaker for 9th Circuit work in corporate He was nomi- finance and transac- nated by Doug Randy J. Tanner of Boone Karlberg tional law with Gravis, and add ser- James of Moulton P.C. in Missoula has been ap- vices in litigation, family law and estate Bellingham in pointed as an planning. Drummond Billings. Appellate Lawyer Gravis Law has grown from one “Bob plays a Representative for location in Richland, Washington, at its unique role in Montana as the sole the Ninth Circuit. founding in 2013 to 15 locations nation- Chapter 13 Trustee in our state,” James There are 22 rep- wide. It was recently recognized in the said. “By focusing his practice on resentatives across Inc. magazine’s “Inc. 5000” as the fastest Chapter 13, Bob has become an expert; the Ninth Circuit, growing law firm in the nation. on Chapter 13 and on bankruptcy gen- and Tanner is the “We believe having attorneys with erally. Bob has not used his expertise to sole representative Jeff’s experience and expertise in fast- disadvantage others. To the contrary, he Tanner from Montana. In growing and dynamic areas such as has used his expertise to elevate bank- this role, appellate Whitefish will allow us to grow with ruptcy practice throughout the state. lawyers work closely with the Ninth the entrepreneurial infrastructures that Bob has become a critical resource for Circuit judges to liaison various initia- are being established outside of the all bankruptcy practitioners in Montana. tives, etc., with attorneys that regularly traditional coastal regions,” said Brett He has given freely of his time, his practice in the Ninth.

Do you have news to share? The Montana Lawyer welcomes news about Montana legal professionals including new jobs, honors, publications, and other accomplishments. Please send member news and photo submissions to [email protected]. Email or call 406-447-2200 with questions.

8 MONTANALAWYER WWW.MONTANABAR.ORG FASTCASE BYTES

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Fastcase offers free legal research CLEs throughout the year

Every month, Fastcase offers free webinars on how to conduct legal re- search on its service. These webinars are approved for live CLE credit in Montana and many other jurisdictions. Visit www.fastcase.com/webinars to see the full schedule and register. Law Street Media expands Intro to Legal Research on Fastcase 7 Dates presented: First Thursday of every month coverage to food and agriculture Webinar Time: 11 a.m. to noon Did you know Fastcase offers free legal news? Mountain Time Law Street Media is revolutionizing legal news by pro- Data Analytics: Fastcase and Docket viding smart, accessible, and practical content in a mod- ern way. Using the latest in research and analytics tools, Alarm content offered in the service is ahead of the curve and Dates presented: Second Thursday enriched with the latest insights – and they’re just getting of every month started. Webinar Time: 11 a.m. to noon Law Street readers can find stories covering the tech Mountain and agriculture industries. Links to complaints and other Intro to Boolean on Fastcase 7 relevant documents are provided. Some recent stories include: Dates presented: Third Thursday of ■ Efforts to include cannabis-related businesses in every month COVID-19 relief packages Webinar Time: 11 a.m. to noon ■ A suit attempting to resolve whether a food com- Mountain pany or a supplier should be liable for food poisoning Ethics and Legal Research Featuring ■ An appealed false advertising suit against Fitbit Fastcase Sign up for a free subscription to Law Street Media at lawstreetmedia.com/ls-subscribe-basic-1. Dates presented: Fourth Thursday of every month Webinar Time: 11 a.m. to noon Mountain

Fastcase launches 2 new webinar series during pandemic Don’t miss out on Fastcase’s webinars weekly webinars. Catch research instruction webinars, these new webinars, designed to keep the Work from Home Wednesdays noon series are not CLE accredited. legal community engaged during Mountain Time and the COVID-19 Register or view recorded episodes at the pandemic running weekly on Litigation Weekly on Fridays at 10 www.fastcase.com/blog/covid-19- Wednesdays and Fridays. a.m. Mountain. webinars-and-more-from-fastcase/. Fastcase has been running free Unlike Fastcase’s series of legal

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10 MONTANALAWYER WWW.MONTANABAR.ORG YOU SHOULD KNOW Smith elected State Bar of Montana President-Elect Brian C. Smith of Missoula was elect- Area B (Lake, Mineral Missoula Stonecipher, Weamer & Kelly, ed State Bar of Montana President-Elect Ravalli and Sanders Counties): Beth Bozeman. in the recently conducted bar elections. Brennan, Brennan Law and Mediation, Smith, the current Chair of the Board Missoula ; Erica Grinde, Missoula Gallinger appointed to of Trustees, will be President-Elect start- County Risk Management and Benefits; Commission on Practice ing in September 2020 and will serve as Beth Hayes, Montana Legal Services president beginning in September 2021. Association, Missoula. from Area H Current President-Elect Kate Area C (Beaverhead, Deer Lodge, Kelly Gallinger, of Brown Law McGrath Ellis of Christensen & Prezeau Granite, Jefferson, Madison, Powell and Firm in Billings, was appointed to in Helena will take over as president in Silver Bow Counties): Kaylan A. Minor, the Supreme Court’s Commission on September. solo practitioner, Dillon, and city judge Practice. In other bar election races, Tucker for Dillon and Lima. Gallinger was one of the top three Gannett was chosen as State Bar of Area D (Cascade, Glacier, Pondera, vote getters in a May election voted on Montana delegate to the American Bar Teton and Toole Counties): Samir by lawyers in Area H. The names of the Association, and trustees were elected in Aarab, Boland Aarab PLLP, Great Falls; three were forwarded to the Supreme Areas A, B, C, D and G. and Gregory Smith, Smith Oberlander Court, which appointed Gallinger. P.C., Great Falls. Trustee Election Winners Area H consists of Big Horn, Area G (Gallatin, Park and Sweet Carbon, Stillwater and Yellowsone Area A (Flathead and Lincoln Grass Counties): Alanah Griffith, Counties. Counties): Randy Snyder, Snyder Law Griffith, Griffith and Cummings, Firm in Bigfork. Big Sky; Matthew Haus, Tarlow,

Applicants sought for 18th Judicial District judge

Appliciations are now being ac- applications from any lawyer in good After reviewing the applications, re- cepted for an 18th Judicial District judge standing who has the qualifications for ceiving public comment, and interview- position that will be opening this fall. district court judge. The application ing the applicants if necessary, the com- The Montana Supreme Court’s form is available electronically at the mission will forward the names of three Judicial Nomination Commission made commission’s web page (courts.mt.gov/ to five nominees to Gov. Steve Bullock the announcement on Friday, June 5. courts/supreme/boards/jud_nom). for appointment. The person appointed The deadline for submitting applications Applications must be submitted elec- by the governor is subject to Senate is 5 p.m., Monday, July 6. The position tronically as well as in hard copy. The confirmation during the 2021 legisla- opening comes following the announce- commission will announce the names tive session. The position is subject to ment that the Hon. Holly Brown of of the applicants after the application election in 2022, and the successful the 18th Judicial District, which covers deadline. candidate will serve for the remainder Gallatin County, has announced she is Public comment will be accepted on of Judge Brown’s term, which expires in retiring effective Oct. 2. the applicants from July 7 through Aug. January 2025. The annual salary for the The commission is now accepting 6. position is $136,896.

WWW.MONTANABAR.ORG JUNE2020 11 CORONAVIRUS IN MONTANA

he history of quarantine authority in the United States is contentious; fears of threatening diseases our Tcollective consciousness barely re- Quarantine members (e.g. cholera and typhus), led to acts that, even in today’s cli- mate, seem incomprehensible (e.g. groups of armed men preventing train passengers from disembarking authority due to fear of infection).1 Inevitably, quarantine restric- tions limit fundamental freedoms and individual autonomy, like the freedom of movement.2 To quar- in Montana antine, government must stretch to the limits of its emergency powers to impose restrictions that are, at best, loosely moored in statutes and Historical precedent provides guidance regulations. Those statutes and reg- ulations are at once relatively brief on the basis, scope and limits and exceptionally broad.3 Under the circumstances, it would be of government’s ability to isolate reasonable to question whether any quarantine measures could survive state’s citizens in keeping them safe the strict scrutiny standard courts typically apply to governmental restrictions on fundamental rights. By E. Lars Phillips and Lucas Hamilton But despite their seemingly tenuous legal foundations, history suggests courts are reluctant to interfere with quarantine measures.

12 MONTANALAWYER WWW.MONTANABAR.ORG Background are critical decision makers with rela- infrequent need for quarantine measures 10 In December 2019, a new coronavi- tively unlimited authority. Whether since the development of strict scrutiny rus, now named severe acute respiratory the seemingly limitless nature of their jurisprudence. Or, it could be due to the syndrome coronavirus 2 (SARS-CoV-2), authority is appropriate or a function of courts’ unwillingness to interfere with emerged in Wuhan, China.4 The disease a community’s response to an existen- a fundamental power of the state: the caused by this virus is referred to as tial threat is an open question. Local police power. health boards, in particular, are on the COVID-19 (CO for corona, VI for Quarantine and the police power virus, D for disease, 19 for the year of front lines. Such boards are required to In construing the source and scope of discovery).5 While current research adopt regulations that protect the public the police power, the Montana Supreme suggests most cases of COVID-19 do health, provided that those rules do not Court has invoked the maxim salus not require medical intervention, severe conflict with statewide rules. Moreover, populi est supma lex—the welfare of the cases can lead to high fever, pneumonia, the statutory authority of local health people is the supreme law.14 Put another and organ failure.6 boards does not require an emergency way, police power is the foundational SARS-CoV-2 shares similarities with declaration — meaning these boards principle upon which all civil govern- two other well-known viruses — severe may be the first governmental agency to 11 ment is built.15 To that end, “police acute respiratory syndrome (SARS- respond to a health crisis. power extends to the protection of the CoV) and Middle Eastern respiratory In the context of an infectious virus life, limbs, health, comfort and quiet syndrome (MERS-CoV), and is easily such as SARS-CoV-2, a local health of all persons, and the protection of all transmitted between humans.7 Based on board must prevent and improve “con- property within the state.”16 Although early estimates, every individual infected ditions of public health importance” the spread of COVID-19 might lack with SARS-CoV-2 is likely to infect ap- through epidemiological tracking and any modern precedent, history provides proximately two individuals — resulting investigation (contact tracing), screen- some guidance. in exponential growth of infections. ing and testing, isolation and quarantine In the late winter and spring of 1951, Importantly, studies have document- measures, collecting and maintaining Yellowstone County confronted “sev- ed that the spread of SARS-CoV-2 can health information, and adopting any eral” cases of canine rabies.17 State and be slowed through the implementation other public health measures allowed by 12 local health officials enacted an emer- of mitigation measures.8 Specifically, law. Additionally, a local health board gency quarantine of all cats and dogs studies have found that implementa- must “bring and pursue actions and is- in Yellowstone County to contain the tion of quarantine, isolation, and social sue orders necessary to abate, restrain, or outbreak. The quarantine required that distancing may contain the spread of the prosecute the violation of public health 13 all cats and dogs be vaccinated and kept virus.9 These tactics became apparent laws, rules, and local regulations.” restrained and authorized law enforce- in recent weeks, as government officials The statutes governing a local ment to exterminate any cats or dogs have ordered the closure of schools, res- government’s quarantine authority are caught roaming at large. 18 taurants, bars, and other places where a clear indication that the Montana Unfortunately, law enforcement had people typically gather. Legislature has delegated significant to exterminate at least one dog during In other words, mitigation measures authority to local health boards. Due to the quarantine. When the dog’s owner are focused on creating circumstances practical necessity, these statutes provide sued for damages, asserting the govern- where each infected person transmits wide latitude for health officials to take ment had taken her property without the virus to one individual (or less), whatever actions the circumstances may due process, the Montana Supreme instead of two (or more) individuals, require. These statutes offer few explicit Court held the quarantine order was thereby stopping exponential growth of limits on health officials’ authority, and squarely within the police power. The infections. The virus will still spread, but as such, Courts are left to apply consti- Court discussed the circumstances that it will not overwhelm the healthcare sys- tutional tests to the quarantine measures led to the quarantine order, but only tem with the consequence of otherwise- themselves—which are often adopted in terms of the negligence claims law preventable deaths. with little to no public process. For better or worse, there is relatively enforcement could have faced if it had Basis of quarantine authority little caselaw directly considering the le- not shot the untethered dog. The Court When dealing with infectious gal soundness of quarantine restrictions. held that the government action was an diseases, state and local health officials This could be due to the fortunately appropriate exercise of the police power

WWW.MONTANABAR.ORG JUNE2020 13 “regardless of any statutory or constitu- a practical precedent for the state’s broad circumstances required.26 In 1922, the tional provisions whatever.”19 police powers to address COVID-19. Court recognized the authority of a lo- Read broadly, Ruona stands for the Historically, this should be unsurpris- cal health board to require the sheriff to proposition that “[a]ny rule made by ing. Consider the example provided by a quarantine and hold an individual with a local health board’s action in Cambridge, contagious, communicable disease.27 the board of health which has a reason- 23 able and direct relation to” a threat to Massachusetts. If necessary for public In 1960, the Court considered a prior health or safety, Massachusetts law allowed version of a similar statute granting lo- the public health is a proper exercise of a local health board to require, and force, cal health boards the authority to enact the police power, and further, that “the vaccination of all inhabitants over twenty- rules and regulations “pertaining to the determination as to the means of meeting one years of age. In 1902, in the midst of a prevention of disease and the promotion a threatening situation [is] vested in the smallpox epidemic, the Cambridge health of public health.”28 The vagueness of this 20 board of health, and not in the courts.” board determined that vaccination against grant of authority prompted the Court to There are many differences between smallpox was necessary and ordered the wonder whether a local health board could “several” cases of rabies in Yellowstone same. A resident refused vaccination was “prescribe a series of physical exercises for County in 1951 and the hundreds of criminally prosecuted and convicted.24 the populations within their areas for the confirmed cases of COVID-19 across Subsequently, the question concern- promotion of public health.”29 Further, Montana. These differences, however, ing the scope and effect of the statute at the Court implied that statutes that do not are more a matter of degree than of issue arrived at the United States Supreme provide for review of actions taken in the kind. COVID-19 has a far lower mortal- Court. The Court noted state constitu- furtherance of public health may run afoul ity rate than cases of rabies in humans, tions are fundamentally social compacts of due process requirements. but SARS-CoV-2 is highly infectious among all citizens to promote the com- Ultimately, the Court invalidated the mon good.25 The consequence and benefit statute as an unconstitutional delegation and capable of rapid spread. Given the of this bargain is the occasional exchange of power because it provided the lo- experiences of China and Italy, and the of freedom for security. In the context of a cal health board “unascertainable limits current lack of a vaccine for COVID-19, pandemic, the pendulum may swing fur- within which to act,”30 raising the question emergency circumstances certainly exist ther towards security than most thought of whether today’s statutes would survive requiring decisive and dramatic action. possible, at the clear expense of civil liber- similar review. In other words, do the A century ago, the state faced a pan- ties and human rights. current statutes contain appropriate due demic that forced state and local officials process safeguards and provide, with “rea- to implement many of the same quaran- Boundaries of quarantine authority sonable clarity,” the limits to a local health tine measures being considered today. Because the authority of state and board’s authority? In 1918, the Spanish flu forced officials local health officials—granted by statute For actions pursuant to the state’s to close schools, churches, theaters, and and grounded in the police power—has police power, based in the uniformly broad dance halls.21 Sporting events and other been relatively unchallenged and uncon- interpretation of the same, it can be argued public gatherings were cancelled, and even strained, the outer limits of their authority that the only ‘ascertainable limit’ with which large funerals were no longer allowed.22 in the face of a pandemic remains largely a local health board must comply is the ob- Despite the scope and severity of these undefined. ligation to ensure its actions are not clearly quarantine measures, it appears the Court In 1906, the Montana Supreme Court oppressive and arbitrary.31 From a more lo- was never asked to review the reasonable- implied that a local health board has calized perspective, administrative guidance ness or constitutionality of the govern- the authority to construct, at its citizens from the Montana Department of Public mental response to the Spanish flu. In the expense, a quarantine hospital, includ- Health and Human Services does place absence of caselaw, the measures stand as ing purchasing the requisite land, if some limitations on a local health board’s exercise of its authority. For example, the Department has set out specific notice requirements that must be adhered to in the event a patient is isolated or when individu- als who have come into contact with an infectious disease are quarantined.32 Looking forward, examples of action in the global effort against the spread of SARS- CoV-2 can provide interesting thought experiments into the scope of measures local health boards can enact. For example, Israel is currently using citizen’s mobile phone data to identify and track, and enforce quar- antines on, infected individuals. In order to do so, Israel passed an emergency law. Based on the discussion above, could a local health board pass such a measure in Montana? On March 13, California Gov. Gavin Newsom issued an emergency order

14 MONTANALAWYER WWW.MONTANABAR.ORG announcing, in part, the ability of the state some level, that the risks posed to these indi- (COVID-19) outbreak – an update on the sta- to commandeer property, including hotels viduals by SARS-CoV-2 may outweigh the tus, Military Med Res 7:11, at 2 (2020) (available at: https://doi.org/10.1186/s40779-020-00240-0). and medical facilities, as necessary for value of continued incarceration in certain 8 Zhang, Sheng, et al, Estimation of the re- quarantining, isolating, or treating individu- circumstances. productive number of Novel Coronavirus (COVID-19) als infected with COVID-19. Though it has It is incumbent upon state and local and the probable outbreak size on the Diamond not proven necessary during this pandemic, governments to act to protect the public Princess cruise ship: A data-driven analysis, Int. J. the Montana Supreme Court has implied health—Ruona v. Billings tells us that to do Infect. Dis. 2020 (February 22, 2020) (available at: https://doi.org/10.1016/j.ijid.2020.02.033). that local health boards have the authority otherwise may be negligent. These actions 9 Roy M. Anderson, et al, How will to build quarantine hospitals. Is it unreason- impact all aspects of our daily life. They are country-based mitigation measures influence the able to think they do not have the power to as necessary as they are extreme. On March course of the COVID-19 epidemic? 395 The Lancet commandeer hotels to create them? 13, the day the first in-state cases were 10228, at 931–934 (March 9, 2020) (available at: announced, the idea of closing bars and res- https://doi.org/10.1016/S0140-6736(20)30567-5). The Importance of Advocacy taurants — let alone stay-at-home directives 10 Mont. Code Ann. § 50–2–116. 11 Compare id. (general authority of Consider the story related by Professor — may have seemed preposterous, and yet health board to adopt regulations for the control Felice Batlan in her article Law in the it was not the first time in Montana’s history of communicable diseases) with Mont. Code Ann. § Time of Cholera: Disease, State Power, and such economically painful measures had to 10–3–104 (general authority of governor following Quarantines Past and Future: In September be taken. declaration of emergency or disaster). See 1892, the ship Normannia arrived in New Though stay-at-home directives in 12 Mont. Code Ann. § 50–2–116(f). 13 Id. at § 50–2–116(i). York, with two passengers infected with Montana have been replaced by a phased re- 14 Ruona v. Billings, 136 Mont. 554, cholera. The passengers on the Normannia opening, COVID-19 is still here and further 557–558, 323 P.2d 29, 31 (Mont. 1958). were ‘cabin-class.’ Tickets for cabin-class action by state and local officials could still 15 Id., 323 P.2d at 31; accord Crandall, 73 were far more expensive than tickets for be on the horizon. With each act to combat U.S. at 39 (police power “is indispensable to the ‘steerage-class.’33 New York officials pro- the pandemic, compromises will be made, existence of a State government”). 16 In re Mont. Pac. Oil & Gas Co., 189 ceeded to quarantine all passengers. Cabin- and unintended consequences will follow. If Mont. 11, 14, 614 P.2d 1045, 1047 (Mont. 1980) class passengers were allowed to remain on it is incumbent upon the state to protect the (quoting Ruona, 136 Mont. at 558, 323 P.2d at 31). board, while steerage-class passengers were public health, it is likewise incumbent upon 17 Ruona, 136 Mont. at 556, 323 P.2d at delivered to hastily constructed holding it to provide an opportunity for aggrieved 30. facilities.34 parties to be heard and a remedy for the 18 Id., 323 P.2d at 30. 19 Id. at 560, 323 P.2d at 32. While cabin-class passengers publicly unintended consequences those protections 20 Id. at 559, 323 P.2d at 31 (citations excoriated officials for preventing their cause. omitted). departure from the ships, it soon became 21 Tracy Tornton, 100 years ago: ‘Spanish apparent that the steerage-class quarantine Lars Phillips is an attorney practic- flu is epidemic in Butte and drastic measures must ing in Bozeman. Lucas Hamilton is an experience was even more horrific. Reports be taken . . .’, Montana Standard, Nov. 4, 2018 attorney practicing in Helena. (available at https://mtstandard.com/lifestyles/ found that the quarantine camps contained years-ago-spanish-flu-is-epidemic-in-butte-and- conditions “so deplorable and unsanitary drastic/article_725d50c7-974d-56d5-b0de- that it is difficult . . . to describe it in temper- 2585e8d0edc7.html); Lorna Thackeray, A century ate language.” The lack of toilet facilities, ago, Spanish flu ravaged Billings in community’s for example, relegated individuals to use Endnotes deadliest epidemic, Billings Gazette, Dec. 3, 2018 (available at https://billingsgazette.com/news/ sections of a rocky beach both to relieve 1 Felice Batlan, Law in the Time of local/a-century-ago-spanish-flu-ravaged-billings- themselves as well as bathe, with attendant Cholera: Disease, State Power, and Quarantines in-communitys/article_2a899a1e-ac0f-5210-9461- consequences—including the needless in- Past and Future, 80 Temple Law Review 53 (2007) c2300dbbb776.html). fection of otherwise healthy individuals.35 (providing an excellent summary of the evolution 22 Tornton, supra, note 22; Thackeray, of quarantine law and contest between federal and While lawyers and the judicial system supra, note 22. state authority). 23 See Jacobson v. Commonwealth of were involved in the dispute over whether 2 Shapiro v. Thompson, 394 U.S. 618, Massachusetts, 197 U.S. 11, 12 (1905). cabin-class passengers could disembark, 630 (1969); United States v. Guest, 383 U.S. 745, 24 Id. at 12–14. the tribulations of steerage-class passengers 757–758 (1966); Crandall v. Nevada, 73 U.S. 35, 44 25 Id. at 26–28. went unremedied for some time. (1868). 26 Yegen v. Bd. of Comm’rs of Yellowstone See e.g., Mont. Code Ann. §§ 10–3–104, What role should lawyers play in 3 Cty., 34 Mont. 79, 85 P. 740, 743 (Mont. 1906). 50–2–116. 27 Ex parte Caselli, 62 Mont. 201, 204 P. the current pandemic? The Montana 4 Wei-jei Guan, Ph.D., et al, Clinical 364, 364–365 (Mont. 1922) Constitution, and its emphasis on individual Characteristics of Coronavirus Disease 2019 in 28 Bacus v. Lake Cty., 138 Mont. 69, 79, rights, places the state in a unique position. China (February 28, 2020) (available at: https:// 354 P.2d 1056, 1061 (Mont. 1960). Bacus v. Lake County and Caselli inform www.nejm.org/doi/full/10.1056/NEJMoa2002032) 29 Id., 354 P.2d at 1061. CDC, Coronavirus Disease 2019 that due process still matters, even in the 5 30 Id. at 81, 354 P.2d at 1062. (COVID-19) Frequently Asked Questions (available 31 See e.g. Jew Ho v. Williamson, 103 F. 10 face of an infectious disease. Marginalized at: https://www.cdc.gov/coronavirus/2019-ncov/ (C.C.N.D. Cal. 1900); Wong Wai v. Williamson, 103 populations need advocates—and no faq.html). F. 1 (C.C.N.D. Cal. 1900). population more so than those made 6 Tianbing Wang, et al, Comorbidities and 32 See e.g. A.R.M. 37.114.308 (providing vulnerable by operation of law. Concerns multi-organ injuries in the treatment of COVID-19, notice requirements for isolated patients); A.R.M. The Lancet (March 21, 2020) (available at: https:// related to incarcerated individuals provide 37.114.307 (providing requirements when quaran- www.thelancet.com/journals/lancet/article/ tine of individuals is warranted). an example. To that end, our Chief Justice PIIS0140-6736(20)30558-4/fulltext)/ 33 Batlan, supra, note 2, at 81. has taken extraordinary steps to indicate, on 7 Guo, Y., et al, The origin, transmission 34 Id., at 81–85. and clinical therapies on coronavirus disease 2019 35 Id.

WWW.MONTANABAR.ORG JUNE2020 15 SBRA & CARES ACT

Relief in federal COVID-19 response includes Chapter 11, Chapter 13 bankruptcy changes

By Robert Drummond Bankruptcy Code for businesses and ■ A debtor proceeding under the consumers facing COVID-19 related SBRA does not have to file a disclo- The Small Business Reorganization financial stress. This article examines ap- sure statement, unlike traditional 1 Act (SBRA) was signed by President plication of these two Acts and the relief Chapter 11 debtors. Donald Trump on Aug. 26, 2019, and they offer to Montana businesses and ■ A court can confirm a plan took effect in February 2020. The Act consumers. under the SBRA even if all impaired made changes to the Bankruptcy Code to classes vote to reject the plan. assist small businesses and some individ- CONSUMER AND BUSINESS uals in a streamlined financial reorganiza- BANKRUPTCY CHANGES ■ The SBRA eliminates the tra- ditional Chapter 11 absolute priority tion process. The SBRA was enacted to make rule, which precludes lower classes of Six weeks after the effective date of the bankruptcies a faster and less expensive SBRA, the Coronavirus Aid, Relief and process for small businesses and certain creditors from receiving distributions 2 Economic Security (CARES) Act was individuals under the new subchapter unless the claims of creditors in each 3 signed into law on March 27, 2020. The V of Chapter 11. Debtors with total above class are paid in full. Thus, the Act includes suspensions of foreclosures noncontingent, liquidated debts (both debtor’s equity holders may retain and evictions, payment relief, financial secured and unsecured) of no more than their interests without contributing assistance, and numerous other consum- $2,725,625 are now allowed to seek relief new value. er protections. under subchapter V under the SBRA. ■ It allows individual debtors These two Acts offer protection and This limitation was temporarily raised in to modify certain residential mort- relief to small businesses and individu- the CARES Act. The new subchapter of- gages where the underlying loan was als in Montana. The SBRA supplements fers many advantages over reorganization made primarily in connection with Chapter 11 of the Bankruptcy Code under Chapter 11 of the Code: the debtor’s commercial or business simplifying the reorganization process ■ There are no creditors’ commit- activities as opposed to being used to for small businesses and individuals. tees unless court ordered. The CARES Act makes changes to the purchase the residence.

16 MONTANALAWYER WWW.MONTANABAR.ORG WWW.MONTANABAR.ORG JUNE2020 17 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit

Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit card NEW CASE and eCheck payments online. Card Number Estimates based on recent Chapter 11 from making mortgage payments for up creditor shall report that account with the statistics show that up to half of Chapter to 180 days and then request an addi****- ****same **** status 4242 as prior to the accommoda- Powerful Technology 11 debtors will be eligible to file under the tional forbearance for up to another 180 tion to a consumer reporting agency. SBRA. days. The Act does not reference taxes or That is, if an account was current it shall Developed specifically for the legal industry The debt limitation for subchapter insurance which may be collected and continue to be reported as current, while to ensure comprehensive security and trust V cases was raised to $7.5 million under escrowed by the lender. However, during a delinquent account shall continue to be account compliance the CARES Act. Other eligibility require- the forbearance period, no fees, penal- reported as delinquent. The exceptions ments are unchanged by the CARES Act. ties or interest may accrue on a debtor’s are (1) the provision does not apply to Powering Law Firms After the March 27, 2021, sunset date for account beyond amounts scheduled or charged-off accounts and (2) if the ac- Plugs into law firms’ existing workflows to drive eligibility, the debt limitation amount will calculated as if the borrower made all count was delinquent and the consumer cash flow, reduce collections, and make it easy return to $2.7 million. payments on time. manages to bring the account current for clients to pay Chapter 13 Changes. The exist- During the 120-day period beginning during the period of accommodation, the POWERING ing Bankruptcy Code offers debtors the on the Act’s enactment date, the lessor of account shall be reported as current. Powering Integrations chance to reorganize and restructure debt a “covered dwelling” may not file a court The payment technology behind the legal PAYMENTS repayment under a three- to five-year action for eviction or charge additional HEROES ACT industry’s most popular practice Plan. Debtors may repay home mortgage fees for nonpayment of rent.5 After that The House of Representatives on FOR THE arrearages, priority tax and child support 120-day period, the lessor cannot require May 12 passed HR 6800, the Health and management tools Economic Recovery Omnibus Emergency Trust Payment claims and retain nonexempt property the tenant to vacate until it gives the IOLTA Deposit under Chapter 13. The CARES Act per- tenant a 30-day notice to quit. See § 4(c). Solutions (HEROES) Act. Although Powered by an Unrivaled Track Record 15 years of experience and the only payment mits individuals and families currently A covered dwelling is one where the likely not in its final form, the proposed Amount LEGAL operating under Chapter 13 Plans to seek building is secured by a federally backed legislation extents and expands the evic- technology vetted and approved by 110+ state, revised payment Plan modifications due mortgage loan or participates in certain tion and foreclosure moratorium in the local,$ 1,500.00 and specialty bars as well as the ABA INDUSTRY to the COVID-19 pandemic. These debt- federal housing programs. CARES Act and extends forbearance pro- Reference ors may extend their payment Plans for Gov. Steve Bullock executed Executive visions for student loans. It also specifies The easiest way to accept credit card NEW CASE up to seven years after their initial Plan Orders 2-2020 and 3-2020 to declare a certain home loan modification and loss and eCheck payments online. payment was due. Thus, this circumvents state of emergency in Montana. His direc- mitigation programs that should be avail- Card Number the five-year limitation for repayment tive implementing his Executive Order, able following a moratorium to prevent Plans appearing under current Chapter dated March 30, 2020, limited residential any homeowner from facing foreclosure **** **** **** 4242 Powerful Technology 13 law.4 Again, this provision has a one- foreclosures and evictions. This action if they cannot pay the skipped payments. year sunset date. The Act also excludes specifically did not suspend payments The bill would also raise the debt limita- Developed specifically for the legal industry COVID-19 related payments from the that were due during the duration of his tions in the bankruptcy code to make to ensure comprehensive security and trust disposable income calculations under directive. more individuals eligible for chapter 13. ACCEPT MORE PAYMENTS WITH LAWPAY account compliance Chapter 13. Student Loans. The CARES Act also What is clear is that the financial offers relief for federal student loan bor- impact of COVID-19 on consumers and 877-245-4845 | lawpay.com/montanabar Powering Law Firms CONSUMER RELIEF rowers. However, borrowers with Perkins businesses will be widespread. The SBRA Plugs into law firms’ existing workflows to drive Federal foreclosure and eviction loans or Federal Family Education Loans and the CARES Acts offer some short- cash flow, reduce collections, and make it easy suspensions. The CARES Act provides (FFEL) still held by banks or guarantee term relief for virus related financial for clients to pay foreclosure relief for federally backed agencies are not protected. Direct loans hardships. loans for residential properties pur- and qualified FFEL borrowers will have Powering Integrations chased, securitized, owned, insured, or Robert Drummond is a Chapter 13 their payments suspended through Sept. Trustee from Great Falls. The payment technology behind the legal guaranteed by Freddie Mac or Fanny 31, 2020. Borrowers with federally held industry’s most popular practice Mae or owned, insured, or guaranteed student loans will automatically have management tools by Federal Housing Administration their interest rate set to 0% for a period of Endnotes (FHA), Veterans Administration (VA), at least 60 days and will have the option Powered by an Unrivaled Track Record and the U.S.Department of Agriculture to suspend their payments for at least 1 Pub. L. No. 116-54. (USDA). In 2018, just under half of all 15 years of experience and the only payment two months to cope with the national 2 Pub. L. No. 116-136 loan applications in Montana were FHA, emergency. technology vetted and approved by 110+ state, VA, or USDA based applications. Under The Treasury Department 3 The CARES Act offers relief to businesses local, and specialty bars as well as the ABA the CARES Act, the servicer of a federally has exempted the Social Security and consumers facing financial stress as a backed mortgage loan may not initiate Administration from offsetting benefit result of the COVID-19 epidemic. any judicial or nonjudicial foreclosure payments against tax debts, student loans, 4 11 U.S.C. § 1325(b)(4) process, move for a judgment to fore- or mortgage deficiency payments.6 close, order a sale, or execute a foreclo- Fair Credit Reporting. The CARES 5 CARES Act § 4024(b). sure related eviction or foreclosure sale. Act7 provides minimal protections The provision lasts for at least a 60-day regarding credit reporting. From Jan. 31, 6 Treasury Technical Bulletin No. 2020-7 period beginning March 18, 2020. This 2020, until 120 days after the end of the provision is not limited to borrowers with national state of emergency, if a creditor 7 CARES Act § 4021 a COVID-19 hardship. has made an accommodation (such as a ACCEPT MORE PAYMENTS WITH LAWPAY Homeowners of federally backed forbearance or workout) for a consumer mortgage loans may obtain forbearance pursuant to the state of emergency, the 877-245-4845 | lawpay.com/montanabar

18 MONTANALAWYER WWW.MONTANABAR.ORG POWERING PAYMENTS FOR THE Trust Payment IOLTAIOLTA DepositDeposit

Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit card NEW CASE and eCheck payments online. Card Number **** **** **** 4242 **** **** **** 4242 Powerful Technology Developed specifically for the legal industryindustry to ensure comprehensive security and trust account compliance Powering Law Firms Plugs into law firms’ existing workflows to drive cash flow, reduce collections, and make it easy for clients to pay Powering Integrations The payment technology behind the legallegal industry’sindustry’s mostmost popularpopular practicepractice management tools Powered by an Unrivaled Track Record 15 years of experience and the only payment technology vetted and approved by 110+ state, local,local, andand specialtyspecialty barsbars asas wellwell asas thethe ABAABA

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WWW.MONTANABAR.ORG JUNE2020 19 MOCK TRIAL HAS DAY IN COURT 12 teams compete in first Montana high school mock trial competition

By Joe Menden

Organizers for the Montana High School Mock Trial Competition thought their goal the tournament’s first year was an ambitious one – at- tracting six teams. After all, previous at- tempts to drum up support for a state- wide competition were unsuccessful at drawing the two schools with compet- ing teams –the minimum required for a National Mock Trial Championships qualifying tournament. So when 12 total teams from across the state filled the Montana Capitol for the March tournament – one that featured intense competition and an awards ceremony with cheers loud enough to rival game day in some college football stadiums – it was a suc- cessful debut by any measure. According to State Bar of Montana

20 MONTANALAWYER WWW.MONTANABAR.ORG Photos by Thom Bridge

AT LEFT: “ATTORNEYS” ISAAC NEHRING AND TAMARA O’LEARY prepare to try their case in the finals of the inaugural Montana High School Mock Trial compe- tition at the Montana Capitol in March. Nehring and O’Leary were on opposing teams both from Helena High School.

BOTTOM LEFT: Judges for the final round of the competition were, from left, Montana Su- preme Court Justice Jim Shea, ABA Immediate Past President Bob Carlson, State Bar of Mon- tana President Juli Pierce, and Montana Supreme Court Justice Beth Baker.

BOTTOM CENTER: Sage Eck-Mill- er makes a point during closing arguments in the final round.

BOTTOM RIGHT: State Bar of Montana Executive Director John Mudd hands the first place trophy to Morgan Hill of Helena High.

WWW.MONTANABAR.ORG JUNE2020 21 Helena High School teacher Kacey Askin for spearheading the effort of getting mock trial off the ground in Montana. The three, who have coached mock trial at Helena High for several years, did outreach at bar events and Montana teacher conferences to build support for a state mock trial competi- tion. He also thanked Idaho attorney Greg Dickison for helping get the pro- gram up and running and traveling to Helena to help with the tournament. For years, Helena High was a team in search of competition. With no other Montana mock trial teams, they turned to Idaho’s mock trial tournament for courtroom action, where they were wel- comed as competitors but without the possibility of advancing to nationals. Mara Flynn of Helena’s Capital High School, above, and Eva Bruce of That experience proved valuable, as Kalispell’s Flathead High School, below, accept Outstanding Attorney Helena High was represented by both Awards. teams that advanced to the finals. The winning team consisted of Sage Eck- Miller, Morgan Hill, Isaac Nehring, Grace Johnson, Ivan Kloberdanz, Dakota Franklin and Lauren Irwin – all of whom had competed in at least one out-of-state mock trial, according to the coaches. David Morine said mock trial is an educational experience first and a com- petition second. “It’s really impressive to see how seriously these kids take it,” he said. “We don’t have to dumb it down for these kids.” Unfortunately, the National Mock Trial Tournament had to be canceled because of the COVID-19 pandemic. Morine said the state champion team was understandably disappointed but appreciated the need to cancel Executive Director John Mudd, the consisting of Montana Supreme Court “Many other states were unable to statewide coordinator of the mock trial Justices Beth Baker and Jim Shea, ABA hold their state tournaments because competition, said that the tournament’s Immediate Past President Bob Carlson, of the pandemic, and we were lucky success would not have been possible and State Bar of Montana President Juli enough to be able to have our tourna- without the overwhelming support of Pierce. ment here in Montana before the virus Montana’s legal community, includ- Mudd said it was inspiring to see the spread,” he said. ing critical funding from the Montana teams in action. Kalispell Flathead High School chapter of the American Board of Trial “The talent and intelligence of every took third place with a 3-1 record and Advocates (ABOTA). Mudd noted that student was amazing,” he said. “This nine winning ballots. Billings Skyview each competing school must have a competition provides a great oppor- was fourth at 3-1 with seven winning lawyer as one of its coaches, and numer- tunity for students to engage in public ballots. The competition also included ous lawyers, judges and other legal speaking. It also instills in them the idea teams from Big Sky Lone Peak, Billings professionals are needed as volunteers to that they could have a career in the law.” West, Helena Capital, two teams from judge. A total of 38 volunteered to judge, Mudd credited Helena attorneys including a panel for the final round David and Kayleigh Morine, along with MORE MOCK TRIAL, PAGE 24

22 MONTANALAWYER WWW.MONTANABAR.ORG THANK YOU TO INDIVIDUAL AWARD WINNERS ATTORNEYS WHO VOLUNTEERED AS MOCK TRIAL JUDGES

Christopher Abbott, Helena Qasim Abdul-Baki, Helena Andy Adamek, Helena Justice Beth Baker, Helena Sara Berg, Helena Christopher Betchie, Helena Aislinn Brown, Helena Marc Buyske, Helena Ellyn Cahill, Dillon Robert Carlson, Butte State Bar President Juli Pierce stands with the Outstanding Attorney Benjamin Eckstein, Helena Winners (above) and Outstanding Witness winners (below). Ann Goldes-Sheahan, Helena Mike Green, Helena Steven Haddon, Boulder Julie Johnson, Helena Anna Maria Kecskes, Helena Patricia Klanke, Helena The Honorable John Kutzman, Great Falls Akilah Lane, Helena Erin Lyndes, Helena Molenda (“Molly”) McCarty, Helena Erin Melsheimer, Bozeman David Ortley, Helena Caitlin Pabst, Bozeman James Reavis, Helena Morgan Hill, Helena High OUTSTANDING ATTORNEY Heidi Sanders, Helena Melaina Kloberdanz, Helena High Laura Schultz, Helena AWARDS Jackson Lang, Big Sky Lone Peak Jake Schwaller, Helena Hannah Amick, Stillwater Zach Mangels, Skyview Christian Joe Seifert, Helena Madison Morken, Stillwater Jennifer Shannon, Missoula Hailey Brewer, Helena High Christian Brandon Shannon, Missoula Eva Bruce, Flathead Isaac Nehring, Helena High Justice Jim Shea, Helena Makayla Cogley, Helena Capital Scott O’Donnell, Flathead Michele Snowberger, Helena Sage Eck-Miller, Helena High Alana Rotter, Helena High Abigail St. Lawrence, Helena Mara Flynn, Helena Capital Caitlyn Sena, Helena High Betsy Story, Helena Ryan Frampton, Stillwater Brooke Sedlock, Helena High Christian L. Amelia Swanson, Helena Carsten Straub, Helena High Tessa Harmon, Stillwater Kenneth Varns, Helena Christian Lindsay Ward, Helena MORE WINNERS, PAGE 24 Emmi Highness, Helena High

WWW.MONTANABAR.ORG JUNE2020 23 MOCK TRIAL FROM PAGE 22

Stillwater Christian, and an additional three teams from Helena High. Alanah Griffith and fellow Gallatin County lawyer Matt Dodd coached the Lone Peak High School team. Griffith had previously coached the school’s Model UN team and said she was look- ing for a new academic project when she heard about mock trial. She said teaching the law from the ground up was a lot of work, but it was well worth it to see the team members blossom and come out of their shells. In addi- tion to finishing 2-2 in its trials, Lone Peak finished in a three-way tie with two of the Helena teams for the Civility and Ethics Award, voted on by the Students enjoy the awards ceremony announcements during the inaugu- other teams. ral Montana High School Mock Trial Competition in March at the Capitol. Griffith plans to coach again next year and said her team was all un- derclassmen, and they are excited to Courtroom artist competition West was second runner-up with a participate again too. In addition to the litigation aspect, sketch of titled “Old Supreme Court.” Helena attorney Qasim Abdul-Baki the mock trial competition also fea- Entries were judged on several cri- was among the volunteer judges and tured a courtroom artist component. teria, including accuracy of proportion, loved it. He said he has judged speech Taking first place was Sydney realism, and authenticity regarding and debate competitions in the past, Loudermilk of Flathead High School traditional courtroom sketching. Matt but he found mock trial much more with the sketch titled “Allen Giving Thiel and Greg Munro, both lawyers interesting and enjoyable. It didn’t hurt His Opening Statement.” An un- and artists from Missoula, volun- that he got a standing ovation when he titled sketch from Selah Neumann of teered to judge the courtroom artist introduced himself as a public defend- Stillwater Christian won first runner- competition. er, he said. up, and Noalani Old Elk of Billings The three works are featured on the cover of this issue.

WINNERS Anthony Latka, Helena Capital Jordan Varga, Flathead FROM PAGE 23 Dominic Lucero, Skyview Final standings Greer MacDonald, Helena High OUTSTANDING WITNESS AWARDS 1. Helena High Team Baker (4-0) Mason Mattocks, Stillwater 2. Helena High Team McGrath Silas Beebe, Helena High Christian (3-1) Ruth Blodgett, Big Sky Lone Meghan Rake, Helena High Peak 3. Kalispell Flathead High (3-1) Blake Restivo, Stillwater 4. Billings Skyview (3-1) Anna Christenson, Flathead Christian Isabella Dyekman, Billings West Alack Rosman, Helena High Also participating: Big Sky Lone Peak, Billings West, Dakota Franklin, Helena High Cydnee Schuman, Stillwater Helena Capital High, Helena Reilly German, Big Sky Lone Christian High Team McKinnon, Helena Peak Caitlyn Sena, Helena High High Team Rice, Helena High Querin Hurtt, Skyview Madison Sides, Helena High Team Shea, Stillwater Christian Daniel Jacobsen, Stillwater Carsten Straub, Helena High Team 1, Stillwater Christian Christian Cadence Tyhurst, Helena Capital Team 2. Grace Johnson, Helena High

24 MONTANALAWYER WWW.MONTANABAR.ORG YOUR PRACTICE & COVID-19

Tips for notarizing, executing documents, and other concerns in the age of pandemic By Justin Bryan remote notarization testing process, I under Montana law, a summary may recently passed my remote notarization be helpful. In general, the Montana Months into the COVID-19 crisis, exam and the process was not very time Uniform Probate Code requires the fol- social distancing recommendations consuming. It took me about 30 minutes lowing for execution of a Will: continue to impact the legal profession. to study for the exam and 30 minutes 1. The Will must be in writing; At-risk groups and certain we all must to take the exam online. I received my 2. The Will must be signed by the tes- think creatively about how we practice. certificate the following day from the tator or in the testator’s name by another The information in this article is intended Secretary of State’s Office. Signing up for individual in the testator’s conscious to help lawyers adjust their practice to the proper video conferencing software presence and by the testator’s direction; operate under the current conditions. took additional time as there are various and options to choose from. 3. The Will must be signed by at least Montana remote notarization two individuals, each of whom signed Executing estate planning Montana law permits remote no- within a reasonable time after having wit- tarization of documents. This allows documents that need witnesses nessed either (a) the signing of the Will most legal documents to be signed and While most documents can be as described above; or (b) the testator’s notarized remotely via electronic com- executed remotely, some documents acknowledgment of that signature or of munication, with the signer and notary in require witnesses. For estate planning the Will. separate locations. If you are currently a attorneys the Last Will and Testament See Mont. Code Ann. § 72-2-522(1). Notary Public you cannot remotely nota- (which I will refer to in this article as Under the Montana Uniform Probate rize documents unless you have been cer- a Will) and the Living Will generally Code, any individual generally competent tified by the Montana Secretary of State need to be witnessed under Montana to be a witness may act as a witness to to engage in remote notarization. To be law. Remember that Trusts, Healthcare the execution of the Will and the signing certified to remotely notarize you must Power of Attorneys, Financial Power of of a Will by an interested witness does pass an additional test. For informa- Attorneys and HIPAA Authorizations not invalidate the Will or any provision tion on the process to become certified do not require witnesses under Montana of it. See Mont. Code Ann. § 72-2-525. to remotely notarize, you may contact law. Furthermore, it is important to note that Lori Hamm at the Montana Secretary of Summary of the Will Execution the witnesses do not need to sign the State’s office. Hamm’s phone number is Requirements: Will contemporaneously with testator, 406-444-5379. Although many of you are familiar but instead may sign the Will within a To give you some insight into the with the Will execution requirements reasonable time after having witnessed

WWW.MONTANABAR.ORG JUNE2020 25 25 either the testator’s signature or testator’s Mont. Code Ann. § 50-9-103(1). Thus, signing on their front porch, or other ap- acknowledgment of that signature or of under the existing Montana statutes and propriate space. This approach allows you the Will. See Mont. Code Ann. § 72-2- caselaw, even with Montana’s remote no- to be comfortable that you have a properly 522(1)(c). tarization statutes, we cannot fully execute executed and witnessed estate plan. A few A Will that does not comply with the a Will or a Living Will remotely without tips for consideration: above requirements (including the two some uncertainty and risks to our clients. ■ Witnesses and notary should individual witnesses requirement) is valid In light of these circumstances, the drive in separate vehicles as a holographic Will, witnessed or not, if BETTR Section executive commit- ■ Get folding tables that can be the signature and material portions of the tee has identified the following options placed in the back of your vehicle. document are in the testator’s handwrit- for consideration in conducting estate Ideally the clients, the witnesses and the ing. See Mont. Code Ann. § 72-2-522(2). plan signings in light of the COVID-19 notary would all have separate tables. In addition, if a Will was not executed crisis. However, these options are not all Small tables that can be used for signing in compliance with the above require- inclusive, and attorneys should consider can be found for around $25 dollars on ments (including the two individual wit- whether these options or alternative pro- Amazon. nesses requirement), under the Montana cedures for estate plan signings are neces- ■ Use gloves and clean the sur- Uniform Probate Code the document sary or advisable under their particular face of the tables before and after each is treated as if it had been executed in circumstances. Alternative procedures signing. compliance with those requirements if the for estate plan signings may certainly also ■ Set-up the tables such that every- proponent of the document establishes be protective and valid under Montana body is standing at a safe distance. by clear and convincing evidence that law or otherwise necessary or advis- ■ Provide new pens to the clients the decedent intended the document to able under the particular circumstances. for the signing and the clients will keep constitute the decedent’s Will. See Mont. Furthermore, as we have all witnessed in their pens after the signing (or have the Code Ann. § 72-2-523. Intent that the recent days, the COVID-19 crisis is very clients use their own pens). document constitute the testator’s Will fluid and new federal, state or local direc- ■ Separate the signature pages so may be established by extrinsic evidence, tives or recommendations or new medical that multiple parties are not signing on including, for holographic wills, portions guidance may certainly make additional the same page. of the document that are not in the testa- precautions or alternative estate plan ■ Provide a folder for the clients to tor’s handwriting. See Mont. Code Ann. § signing procedures necessary or advisable place the documents in after they have 72-2-522(3). under the circumstances. signed. Although notarization of a Will is Medical guidance concerning trans- ■ Provide a folder for witnesses best practice in general, it is not required missibility and best practices to stay safe and notary to place the documents in for valid execution of a Will under the is constantly changing. Nothing in this after they have signed. Montana Uniform Probate Code. Rather, email is to be interpreted as medical ■ Collect the folders after the sign- notarization of the signatures of the testa- advice. You will need to stay informed as ing and put them in a bag. Leave the tor and the two witnesses on the Will is to as new medical guidance is issued and folders in the bag for at least 72 hours necessary for the Will to be “self-proved” may need to modify the below to account before assembling the estate plan. Note: under the Montana Probate Code. See for said new advice. Furthermore, it is the 72 hours is a general guideline and Mont. Code Ann. § 72-2-524. If a Will important that both you and your clients is not offering any medical advice or is not “self-proved”, it can still be a valid understand the inherent risks in using any representation that after 72 hours the Will, but there may be additional proof of the estate plan signing options dis- documents will be safe if they were requirements if the Will is later the subject cussed in this email. contaminated by COVID. of formal probate. See Mont. Code Ann. Physical presence witnessed If due to the COVID-19 circumstances § 72-3-321. signings/drive-by signings your client cannot safely execute his or her Will in the physical presence of two Will and Living Will execution Prior to the COVID-19 crisis, clients options for consideration disinterested witnesses and a notary from typically signed their estate plan at the at- your office as described above, but your torney’s office in the physical presence of As noted above, the witness require- client has at least two other individuals ment for Wills under the Montana two disinterested witnesses and a notary from the attorney’s office. available to serve as witnesses at his or Uniform Probate Code appears to require her house or health care facility, consider that the witnesses be physically present During the COVID-19 crisis, attorneys or their clients may prefer not to sign estate sending the estate plan documents to with the testator to witness the testator plan documents at an attorney’s office. your client with execution instructions either signing the Will or acknowledging In such case, attorneys should consider to execute the Will and Living Will at his of that signature or the Will. Similarly, whether signing the estate plan documents or her house or health care facility in the the witness requirement for a Living Will at the client’s house, a parking lot or other physical presence and hearing of the two under Montana law may also require the location is advisable. If so, a notary and two individuals who sign the Will and Living physical presence of the witnesses at the witnesses can drive to the client’s house Will as witnesses (as noted above, the time the Living Will is executed. See or other agreed location and conduct the

26 MONTANALAWYER WWW.MONTANABAR.ORG individual witnesses for the Will do not the Montana Uniform Trust Code pre- your client write, in his/her own handwrit- need to be disinterested persons and can pared by the attorney and signed by your ing, either in the left-over space left at the be any individual generally competent to client, as well as a holographic pour-over bottom of the last page of the Will , or on a be a witness, whether a family member, a Will written and signed by your client in separate page to attach to the Will, a state- neighbor, or a health care professional). his or her own handwriting. (In addition, ment to further support clear and convinc- If you are unable to be physically present consider having two individuals remotely ing evidence along these lines: I, [Client’s Name], intend the fore- at the execution of the estate plan docu- witness the execution of the revocable going [or attached] instrument dated ments, you may consider participating trust and the holographic pour-over Will, ______, 2020, to constitute my remotely in the execution process on the as discussed further below.) valid Last Will & Testament. Due to telephone or by an audio-visual app (e.g., 2. Using a holographic Will written the COVID-19 pandemic, I am unable Facetime, Zoom, Skype), but with the two and signed by the testator in his or her to sign (or I have determined that it is individual witnesses in the physical pres- own handwriting. (In addition, consider not safe for me to sign) my Will in the ence and hearing of the testator during having two individuals remotely witness physical presence my two individual wit- the execution of the Will and Living Will. the execution of the holographic Will, as nesses. However, my attorney, [attorney’s In such case, if a notary is not available discussed further below.) name], [and ______] have remotely 3. Having two individual wit- at the testator’s residence or facility or witnessed my signing of this Will by nesses (preferably in the same location) remotely as discussed above, you might [Facetime/Skype/Zoom, etc.]. remotely witness by audio-visual medium [Client Signature and Date] consider providing your client with op- (e.g., Facetime, Zoom, Skype) your cli- tions to schedule an appointment at your ent’s execution of the Will. In such case, office when safe and COVID-19 restric- In addition, the individual witnesses you should ensure that everyone can see should sign a counterpart to the Will tions have lifted to complete a “self-prov- each other and no one goes off camera, noting that they remotely witnessed your ing” affidavit in front of your notary and and consider asking whether others are client’s execution of the Will. Additionally, two individual witnesses in accordance in the room with your client (and, if so, as soon as practical after remotely witness- with Mont. Code Ann. § 72-2-524, if he/ what their relationship is to your client). ing your client’s execution of the Will, she would like. CAUTION! Witnessing remotely under consider having each individual witness Options for consideration when physi- the current Montana Uniform Probate execute an affidavit outlining that due to cal presence of witnesses is not possible: Code and Montana caselaw may not satisfy the COVID-19 pandemic, the client de- The risks presented by the current the two individual witness requirement termined that he or she was unable to sign COVID-19 pandemic, and the restric- under Mont. Code Ann. § 72-2-522(1). (or it was unsafe to sign) the Will in the tions of the state-wide stay at home order, Some practitioners believe that it is unclear physical presence and hearing of the two under the current Uniform Probate Code in conjunction with social distancing individual witnesses under the circum- and Montana caselaw whether the two in- stances, that the individual witnessed the standards, present logistical challenges dividual witness requirement under Mont. to execution of Wills and Living Wills in client sign the Will remotely by specified Code Ann. § 72-2-522 could be satisfied audio-visual medium (e.g., Facetime, compliance with the two individual wit- by remote witnessing by an audio-visual nesses requirement discussed above and Skype, Zoom, etc.), and the client acknowl- medium (such as Facetime, Skype, or edged to the individual witness that he notarization of the Will as required for a Zoom), while many practitioners believe or she intended the Will to constitute his “self-proved” Will. that the physical presence of the witnesses or her valid Last Will and Testament. If When it is not possible to have your is required. However, even if remote wit- possible, the individual witness should client sign his or her Will in the physi- nessing does not satisfy the two individual have the affidavit notarized (or remotely cal presence of two individual witnesses witness requirement, remote witnessing notarized, as described above) and, if a no- (whether at the attorney’s office, at the cli- may lend support to establishing by clear tary is not available at such time, consider ent’s home, a health care facility or other and convincing evidence that your client securely emailing the affidavit to yourself location) as discussed above, you should intended the executed Will to constitute for time-stamping purposes. his or her Will under Mont. Code Ann. § consider other options that may be ap- Finally, with all of the options described 72-2-523. To further fortify your clear and propriate or advisable under the circum- above when the physical presence of two convincing evidence, consider asking your witnesses at your client’s execution of the estate plan documents is not possible, you should schedule with the client an appoint- BETTR SECTION MENTOR PROGRAM ment on your calendar to meet with you New to transactional practice and don’t know where to find answers? and two individual witnesses in person as Providing limited-scope input within the mentor’s discretion, a mentor soon as it is possible to re-execute the Will from the BETTR section may be able to help. To learn more, or to find in the physical presence and hearing of two a mentor, email Kathleen Magone, chair of Education and Outreach individual witnesses and a notary. Committee of the BETTR section, at [email protected]. Justin Bryan is an attorney from Bozeman. He is the chair of the State client for permission to record the video Bar of Montana’s Business, Estate, stances, including the following: Trusts, Tax & Real Property Section. WWW.MONTANABAR.ORG1. Using a Revocable Trust under conference. In addition, consider having JUNE2020 27 EQUAL JUSTICE New project will recruit, support Emeritus attorneys

Second Act Justice Project Through the Second Act Justice now, MLSA is looking for attorneys Project, Emeritus members can who can provide assistance on public Allows lawyers retired from practice provide civil legal aid to low-income benefits, family law, employment, land- to maintain licence for pro bono Montanans. MLSA offers an extensive lord/tenant issues and wills/estate. work without paying dues variety of limited-scope opportuni- If you’re interested in applying ties, including over-the-phone advice for emeritus status, visit the Emeritus appointments and in-person clinics, as Status page of the Bar’s website and Montana Legal Services Association well as opportunities for full represen- download an application, then mail has established the Second Act Justice tation. For attorneys who would rather your application to the State Bar of Project, a pro bono program designed to not work with clients as much during Montana, P.O. Box 577, Helena, MT recruit and support Emeritus Attorney retirement, MLSA has opportunities 59624. To qualify, you’ll need to have members of the State Bar of Montana. for mentorship and developing legal practiced (or had judicial status) for 10 Emeritus status might be a good op- resources for clients, their advocates of the past 15 years, and you must be in tion for attorneys who are thinking of and other pro bono attorneys. In addi- good standing with the bar. If you have retiring from practice but want to con- tion, MLSA accommodates volunteers questions about MLSA’s pro bono op- tinue to be involved. Emeritus members with administrative support, malprac- portunities or emeritus status, of the bar do not pay bar dues if they tice coverage, office space for in-person please email MLSA’s Director of Pro provide 25 hours of pro bono represen- appointments and several free CLE Bono Angie Wagenhals at awagenha@ tation each year. courses throughout the year. Right mtlsa.org.

6 Montana students’ entries advance to finals in 9th Circuit civics contest Three videos and three essays by Montana students have chosen as finalists in the 2020 Ninth Circuit Civics Contest for high school students. The Montana winners in each category receive cash prizes of $2,000 for first place, $1,000 for second place, and $500 for third place and advance to the circuit-wide contest, where there will also be cash prizes for the top three in each category. The THANK YOU Montana winners are: Thank you to the Montana Essays: First place, Zach Mangels, Billings Skyview High School; second place, Zander Opperman, Gardiner Public Chapter of the American Board School; third place, Hannah Martin, Corvallis High School. of Trial Advocates (ABOTA) Videos: First place, Nathaniel Broch, Corvallis High School; second place, Abigail Clark, Fort Benton High School; and third for its generous financial sup- place, Monse Arvayo, Fort Benton High School. port of the inaugural Montana The contest’s theme was “The Right to Vote: Milestone High School Mock Trial Anniversaries.” Students in grades 9- 12 in public, private and parochial schools and home-schooled students of equivalent Competition. grade status were challenged to write an essay or produce a short video with the questions presented: “In the wake of the Thanks also to the dozens of 15th and 19th Amendments, barriers remained to prevent Montana lawyers, judges and United States citizens from voting. Do formal or informal barri- ers remain today? What additional changes would you make, if legal professionals for volun- any, to Americans’ voting rights?” teering as judges and team Federal courts in the 15 western United States, Guam and the Northern Mariana Islands held local contests with winners coaches. The competition advancing to the final round to compete in the circuit-wide would not have been possible competition. Nearly 1,000 young people entered the contest, de- spite challenges posed by school closures and distance learning without you. due to the coronavirus pandemic, with 38 essays and 27 videos selected to advance to the final round. Winners were to be an- nounced in late June.

28 MONTANALAWYER WWW.MONTANABAR.ORG IN MEMORIAM Longtime federal judge Shanstrom dies at age 87 The Honorable Jack Dale Shanstrom in Park County and won. After practic- mediation. Today mediation is used died on Jan. 13, 2020, at age 87. ing as a prosecutor for four years he was across the United States. Also, during Judge Shanstrom was born on Nov. appointed by Gov. Tim Babcock in 1965 his judgeship he presided over court- 30, 1932, in Hewitt, Minn. He earned to become a state district court judge, rooms across the country, Guam and a Bachelor of Arts degree from the which at age 32 made him the youngest Saipan, and served on panels for the University of Montana in 1956, and a person at that time to sit on the bench. U.S. Ninth Circuit Court of Appeals. year later received a Bachelor of Science He held that position until 1982. Jack was chief judge from 1996 to 2001. degree from the University of Montana In 1983 he became Montana’s first After dealing with the diagnosis of and a Bachelor of Law from the full-time U.S. Magistrate Judge and Parkinson’s disease for several years, University of Montana School of Law. moved to Billings. He served in that Jack decided to assume senior status After law school, Jack and his wife, position for seven years, when on on Jan. 30, 2001, and ultimately retired Audrey, moved to Great Falls, where Feb. 23, 1990, President George H. from the bench on Sept. 15, 2013. Jack was a United States Air Force first W. Bush appointed him to a seat on Memorial donations may be lieutenant, JAG Corps, from 1957 until the U.S. District Court for the District made to American Parkinson Disease 1960. Within months of discharge he of Montana. While on the federal Association or to the Parkinson’s orga- filed for the county attorney’s position bench Jack developed the concept of nization of your choosing.

A letter of thanks to Montana and Gallatin County Bar members

Honorable Members of the Montana and Gallatin County Bars:

As I continue to struggle to lift myself off the ground, I write to thank all of you who called, texted, emailed, sent cards or marched into my home or offi ce to off er words of love, support, comfort and, more often than not, simply a silent, warm em- brace following the unexpected passing of my son, Sean Noel Gallik, on January 1.

Following Sean’s service, my good friend, Mike Cok, dropped off a book for me to read, titled “Lament for a Son.” It was written by Nicholas Wolterstorff , a professor of Philosophical Theology at Yale University. Mr. Wolterstorff , like me, suff ered the loss of a son at the age of 25. At page 13 he writes:

We took him too much for granted. Perhaps we all take each other too much for granted. The routines of life distract us; our own pursuits make us oblivious; our anxieties and sorrows, unmindful. The beauties of the familiar go unremarked. We do not treasure each other enough.

In the rough and tumble world of our profession, it is easy to forget, or take for granted, that the overwhelming majority of the members of our profession – including the advocates on the other side of our disputes, and the judges called upon to make important decisions about those disputes -- are caring, compassionate and there to listen or help when needed, or requested. Unfortunately, it took a loss like mine for me to see what has always been there.

The outpouring of unconditional love and support has left me humbled and, going forward, I hope more mindful. At the end of the day, in our private and professional lives, all we really have are the bonds of our love and attachment to one another.

Thank you again.

Brian K. Gallik Gallik, Bremer & Molloy, P.C. 777 East Main WWW.MONTANABAR.ORG Bozeman, MT 59715. JUNE2020 29 JOBS & CLASSIFIEDS

CLASSIFIEDS Contact | To post a job on our online Career Center, visit jobs.montanabar.org (Montana Lawyer classified included in price). For all other classified inquiries, email [email protected] or call 406-447-2200.

ATTORNEYS to [email protected]. All PARALEGALS & LEGAL applications will be confidential. SECRETARIES ASSISTANT FEDERAL DEFENDER, ASSOCIATE ATTORNEY: Great Falls The Federal Defenders MONTANA: Bankruptcy/Litigation firm is looking PARALEGAL: Small busy law office in of Montana, Inc. is soliciting ap- for an Associate to join a busy firm. downtown Billings is seeking a para- plications for an Assistant Federal Bankruptcy/litigation experience pre- legal. Prior experience is required. Defender at the Billings Branch ferred but not required. Applicant Competitive salary. If interested, Office. To apply, by email only please must be licensed in Montana or plan- email resume and letter to classi- submit a statement of interest and a ning to sit for the July 2020 Bar, with [email protected] with subject detailed resume of experience with continued employment contingent line “PARALEGAL APPLICATION.” three references in a single Adobe upon obtaining a license to practice PDF file using the subject line “MTX- LEGAL ASSISTANT: Assist busy within 6 months. Please email cover Assistant Federal Defender” to: mtx_ attorneys with all tasks related to letter, resume, transcript, references, [email protected]. Applications commercial and general civil litiga- and writing sample to Deschenes & must be received no later than 5:00 tion, personal injury, real estate and Associates Law Office Attn: Gary S. p.m. Mountain Time on July 1, 2020. business, estate planning, probate, Deschenes [email protected] OR See full listing at http://fdom.org/ criminal defense, and appeals. The mail to P.O. Box 3466, Great Falls, MT careers. successful candidate must provide 59403. superb case management, prepare ASSISTANT FEDERAL DEFENDER, DEPUTY COUNTY ATTORNEY: This and file legal and other documents WYOMING: Full-time position, position prosecutes criminal and civil promptly, provide excellent customer stationed in our office in Casper, offenses, represents county gov- service, and assist attorneys with Wyoming. The Assistant Federal ernment in legal proceedings, and day-to-day functions including calen- Public Defender provides zealous, advises county officials on civil mat- daring and scheduling. Must have professional legal representation at ters. For additional information or to strong computer skills. Candidates court hearings, covering initial ap- apply, visit www.lccountymt.gov/hr/ pearances and subsequent stages of should be comfortable working inde- jobs.html federal criminal proceedings, primari- pendently and be able to manage a ly on the Casper docket. Submit a let- DEPUTY COUNTY ATTORNEY – Civil: wide variety of tasks. Email applica- ter of interest, resume, and a writing Position acts as general counsel tion materials to rachel@montanala- sample that is your own work to Kim for Cascade County (County) and wyer.com. W. Bechard, Administrative Officer, at serves as legal advisor to the Board [email protected] . of County Commissioners and other PRACTICE FOR SALE local government entities and is re- Bitterroot TIME TO RETIRE. HH Evictions, ASSOCIATE ATTORNEY: sponsible for various other statutory Law is looking for an experienced Inc. is for sale. Fun business. Like civil duties of the County Attorney. attorney to join the fastest grow- practicing law on the Jerry Springer Applicants are required to provide ing law firm in the Bitterroot Valley. show. Inexplicably, very low stress. the following: Cascade County Bitterroot Law is a general practice Work very part-time and make low Employment Application, letter of firm with a focus on aviation law, professional income. Business has introduction, resume, writing sample, criminal defense, civil litigation, busi- obvious significant growth potential copy of Montana Law License. For ness transactions, family and real for somebody who actually wants full listing and to apply, visit www. estate law. Experience is preferred to work full time (hard to imagine). cascadecountymt.gov/employment but not required. The applicant must I’ll train and work for up to 3 mos. be licensed in Montana. EXPERIENCED COMMERCIAL on demand till you are up and ATTORNEY: Frampton Purdy Law running. Covenant not to compete ASSOCIATE ATTORNEY: Brown Law Firm, a busy, boutique firm in etc. CASH ONLY, with appurtenant Firm, P.C., with offices in Billings and Whitefish, Montana, is seeking an significant discount from appraised Missoula, is seeking an Associate experienced commercial attorney (4+ value to encourage cash. Numbers Attorney with 3 to 5 years litigation years) to assist with business transac- easily justify commercial loan. experience for its office in Missoula. tions, business formation, and com- 406-240-1216 We offer a competitive salary, benefit mercial/real estate transactions and package including profit sharing and related issues. Depending on experi- 401(K). Please send a cover letter, ence, attorney’s practice could focus resume, references and a writing on tax-related matters (advising, sample to Brown Law Firm, P.C., Attn: compliance, reporting, controversy), Shane MacIntyre, 269 West Front St, estate planning and administration. Suite A, Missoula, MT 59802, or email

30 MONTANALAWYER WWW.MONTANABAR.ORG OFFICE SPACE I’ve been transcribing for medical documentexaminer.info. practices, attorneys, court reporters, PSYCHOLOGICAL EXAMINATION PREMIUM PROFESSIONAL OFFICE law enforcement, investigators, : Single office & EXPERT TESTIMONY: Montana SPACE FOR RENT courts, etc. for 15+ years. I am (approximately 170 sq. ft.) with large licensed (#236) psychologist with highly experienced in legalese and window, available in small law firm 20+ years of experience in clinical, document formatting. I have an suite on walking mall in downtown health, and forensic (civil & criminal) outstanding turnaround time and Helena. $800 per month, which psychology. Services I can provide fair pricing. Exceptional references includes utilities, janitorial services, include case analysis to assess are available upon request. Please and use of copy room, common for malingering and pre-existing contact Krystin Spolar at 406-539- areas, kitchen, and scheduled access conditions, rebuttal testimony, 1985 or [email protected]. to conference rooms. Existing office independent psychological furniture available for use or can be examination (IME), examination removed. Tenant to pay for own CONSULTANTS & EXPERTS of: psychological damage, fitness phone, parking, and internet. Please BANKING EXPERT: 34 years to proceed, criminal responsibility, call David at 406-442-8560 ext. 4. banking experience. Expert banking sentencing mitigation, parental services including documentation capacity, post mortem testamentary ATTORNEY SUPPORT/ review, workout negotiation capacity, etc. Patrick Davis, Ph.D. RESEARCH/WRITING assistance, settlement assistance, [email protected]. www.dcpcmt.com. credit restructure, expert witness, 406-899-0522. CONTRACT ATTORNEY available for preparation and/or evaluation of hire to assist your firm with brief borrowers’ and lenders’ positions. EVICTIONS writing, legal research, document Expert testimony provided for EVICTIONS LAWYER: We do hundreds review, and court appearances. depositions and trials. Attorney of evictions statewide. Send your Strong research/writing skills, former references provided upon request. landlord clients to us. We’ll respect your UM Law graduate on National Moot Michael F. Richards, Bozeman “ownership” of their other business. Call Court and Montana Law Review, MT 406-581-8797; mike@ for prices. Hess-Homeier Law Firm, 406- and professional experience at a mrichardsconsulting.com. 549-9611, [email protected]. Missoula law firm. Contact me at See website at www.montanaevictions. [email protected], (406) EXPERIENCED BANKING EXPERT/ com 590-5167 CONSULTANT – 40+ years of banking experience 30 years BUSY PRACTICE? I can help. Former of which were in executive MSC law clerk and UM Law honors management positions in banks graduate available for all types ranging in size from community of contract work, including legal/ State Bar of Montana banks to multi-billion-dollar, factual research, brief writing, court/ multi-state banking organizations. Career Center depo appearances, pre/post trial Executive responsibility for jury investigations, and document all phases of lending, lending review. For more information, disciplines and credit assessment. visit www.meguirelaw.com; email Special expertise in determining [email protected]; or call borrower creditworthiness and the 406-442-8317. appropriateness of lender behavior. The premier resource ENHANCE YOUR PRACTICE with Outstanding legal references upon for Montana law jobs help from an AV-rated attorney with request. Please contact Leon Royer more than 37 years of broad-based by telephone at 406-932-4255 or The SBMT Career Center experience. I can research, write and/ [email protected]. will allow you to: or edit your trial or appellate briefs, FORENSIC DOCUMENT EXAMINER: analyze legal issues or otherwise Trained by the U.S. Secret Service • Search and apply to more Montana law assist with litigation. Please visit my jobs than in any other job bank. and U.S. Postal Inspection Crime Lab. website at www.denevilegal.com to • Upload your anonymous resume and Retired from the Eugene, Ore., P.D. learn more. [email protected], allow employers to contact you through Qualified in state and federal courts. 406-210-1133. the Career Center’s messaging system. Certified by the American Board of • Set up Job Alerts specifying your skills, TRANSCRIPTIONIST: Expert Quality forensic Document Examiners. Full- interests, and preferred location(s) to Transcriptionist available for all service laboratory for handwriting, receive email notifications when a job is your transcription needs. I am the ink and paper comparisons. posted that matches your criteria. chief transcriptionist and owner Contact Jim Green, Eugene, Ore.; • Access career resources and job of Transcription Solutions USA. 888-485-0832. Website at www. searching tips and tools. • Have your resume critiqued by a resume-writing expert. WWW.MONTANABAR.ORG JUNE2020 31

JOBS.MONTANABAR.ORG State Bar of Montana P.O. Box 577 Helena MT 59624

32 MONTANALAWYER WWW.MONTANABAR.ORG