High School Mock Trial Bar Hosts Inaugural State Competition
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JUNE 2020 HIGH SCHOOL MOCK TRIAL BAR HOSTS INAUGURAL STATE COMPETITION ALSO INSIDE: COVID-19 COVERAGE QUARANTINE LAW IN MONTANA | CARES ACT & SBRA Sheltered in Wyoming Why Wyoming? It’s one of the most favored states in the U.S. – and increasingly, in the world – in which to maintain trusts. • Broad Asset Protection • Self-Settled Trusts • 1000 Year Legacy Trusts • No State Income or Inheritance Taxes • No Residency Requirement with a Wyoming Trustee Your Trusted Partner in the State of Wyoming We’re Right Next Door. Your Clients Will Love Having Their Money Here! Dale Schuman SVP – Director of truSt & Wealth 10 E. Pearl Ave. Jackson, WY 83002 (307) 732-3057 (307) 732-3071 [email protected] bojhtrust.com/advisors offices in Jackson hole and Boise NOT FDIC MAY LOSE VALUE INSURED NO BANK GUARANTEE JUNE 2020 VOL. 45 ISS. 3 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, 4 MONTANALAWYER WWW.MONTANABAR.ORG STATE BAR OF MONTANA LAWYER ASSISTANCE PROGRAM Stress? Anxiety? Depression? Substance abuse or gambling addiction? You don’t have to go it alone. 24-HOUR HOTLINE 406-660-1181 WWW.MONTANABAR.ORG/PAGE/LAP 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.