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Biographies and Histories of Montana's Justices, Judges, and Courts

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Biographies and Histories of Montana's Justices, Judges, and Courts Biographies and Histories of Montana’s Justices, Judges, and Courts 1865-2020 Written and compiled by the State Law Library of Montana Acknowledgements This biography of the judges and justices of the courts of the state of Montana updates and expands material initially compiled by the Montana Judiciary in 1989. We hope that users of this work find it useful and easy to use. All biographical information and pictures contained in this publication can be found in the State Law Library’s Vertical Files or from materials found in the library’s collections. Each biography was compiled using historical newspaper articles, memorials, directories, local histories, and for more recent judges, surveys, and interviews. Special thanks to the many institutions that supported this project, including: the Montana Historical Society; the Montana clerks of the state district courts; Montana Department of Justice; the Montana Supreme Court; Jefferson County Museum & the Heritage Center; and the United States District Courts, District of Montana. Images Unless otherwise noted, pictures are either from the State Law Library’s collection of images in the Montana Memory Project, the law library’s vertical files or given to the law library by the respective judge. Permission to use the seal of the Montana Supreme Court is obtained from the Clerk of the Montana Supreme Court. All other images and tables were created by the Montana Judicial Branch and are in the public domain. Cataloging Data Biographies and Histories of Montana’s Justices, Judges, and Courts, 1986-2020 / Compiled by the staff of the State Law Library of Montana. 200 pages: illustrations, tables, 28 cm. 1. Judges – Montana – Biography. KFM9508.A19 B56 2020 Copyright information State Law Library of Montana, ©2020 This work in is in the public domain, reproduction and non-commercial distribution of this work are permitted with attribution. Contact information Please send comments and suggestions for revision to the law library: State Law Library of Montana Justice Building 215 North Sanders P.O. Box 203004 Helena, MT 59620-3004 Telephone: (406) 444-3660 Email: [email protected] 2 | P a g e July 28, 2020 Table of Contents Acknowledgements ....................................................................................................................................... 2 Table of Contents .......................................................................................................................................... 3 Introduction to Montana’s Courts ................................................................................................................ 4 Topics of interest .......................................................................................................................................... 8 Biographies of Montana Judges & Justices, alphabetical ............................................................................. 9 The Montana Supreme Court ................................................................................................................... 102 Montana State Court Judges, by District .................................................................................................. 111 History of Judicial Districts 1865 – 2019 ................................................................................................... 139 The Montana Workers’ Compensation Court ........................................................................................... 168 The Montana Water Court ........................................................................................................................ 169 US District Court Judges of Montana ........................................................................................................ 171 US Bankruptcy Court Judges of Montana ................................................................................................. 171 US District Court Magistrates of Montana ................................................................................................ 172 Clerks of the Montana Supreme Court, 1865- .......................................................................................... 173 Clerks of the District Courts, by county .................................................................................................... 174 The Office of the Montana Court Administrator, 1975- ........................................................................... 200 The State Law Library of Montana ............................................................................................................ 201 Copyrights of figures and images .............................................................................................................. 202 3 | P a g e July 28, 2020 Introduction to Montana’s Courts The State of Montana was first organized as a territory by the United States Congress on May 26, 1864. With this congressional act the judiciary of Montana was born. However, it was not until Chief Justice Hosmer, appointed by President Abraham Lincoln, arrived in October 1864 that the courts began to be organized. Hosmer was soon followed by two more, Justice Williston and Justice Munson. These three justices served both as judges of fact and appeal: for state and federal cases. In other words, they saw it all. This arrangement ended in November 1889 when the territory was accepted into the union and Montana became a state. After statehood, the tasks of adjudication in Montana were divided. Justices no longer rode the rails to attend trials across this far flung state. Montana Justices today focus, instead, on interpreting the state law and applying it to contemporary controversies. The Montana Judicial system is established by Article VII of the Montana Constitution. It deals with cases involving state law or citizens of this state. The Montana court system can be divided into three levels, the supreme court, state district courts and local courts. Most people in Montana have their first court interaction with local courts, of which there are 156. In Montana, all cases in state district courts are appealed directly to the Montana Supreme Court; there is no intermediate court. Figure 1 The Montana Judicial System 4 | P a g e July 28, 2020 Courts in the federal system are established by Article III of the United State Constitution. They handle cases involving federal law, or cases that cross state lines. This system is also divided up into three levels: trial courts, appeal courts and supreme court. In the federal system, however, cases are far more diverse and varied than in state courts. Figure 2 United States Judicial System. In total, more than 380 people have served as judges and justices in the courts of Montana. Many of these individuals were politicians, business leaders, soldiers, or pioneers. Most individuals have served their communities well and with integrity. Yet, the courts have faced their share of ups and downs and scandals too. Judges have been impeached for crimes on the bench others have suffered great losses and pain while serving this state; finally, a few have been impeached and later exonerated. This biography hopes to capture some of their stories. 5 | P a g e July 28, 2020 Figure 3. Map of the US Courts of Appeal boundaries. 6 | P a g e July 28, 2020 US District Court of Montana Congress organized Montana into one judicial court district in 1889. The Montana Court District is the largest geographical federal court district in the continental United States. The district is made up of five geographical divisions (see below) and is served by three Article III judges, three senior judges, three magistrate judges, two recalled magistrate judges, one bankruptcy judge and 130 employees who work in the district court, bankruptcy court and United States Probation Office1. Figure 4. US District Court of Montana Divisions. 1 District of Montana Profile. US Courts webpage. https://www.mtd.uscourts.gov/district-montana-profile 7 | P a g e July 28, 2020 Topics of interest Oldest Judges Youngest Judges Longest Serving Judges District Courts Judge Steve D. McKinnon 44 yrs. Judge H.H. Ewing 39 yrs. Judge Jeremiah J. Lynch 37 yrs. Supreme Court John C. Harrison 34 yrs. Albert H. Angstman 28 yrs. Theodore Brantley (Chief Justice) 23 yrs. First Women Judges Diane Barz – Montana District Judge, 1978 Diane Barz – Montana Supreme Court, 1989 Judges serving in high office Famous and Infamous Jurists George M. Bourquin William Clancy 8 | P a g e July 28, 2020 Biographies of Montana Judges & Justices, alphabetical Hugh Rogers Adair – Chief Justice, Montana Supreme Court 1947- 1956; Justice 1943-1946 and 1956-1968. He was born on August 29, 1889 in Ellis, Trego County, Kansas. He received his Bachelor of Laws degree from the University of Kansas at Lawrence in 1913 and admitted to the State Bar of Montana on January 26, 1914. Hugh Adair served in the Tank Corps during World War I. From 1921 to 1925, he served as Deputy County Attorney, and later, served as member of the Montana House of Representatives in 1927 and 1931, representing Lewis and Clark County. He married Jeanice Janes of Helena, Montana, on September 25, 1935. In 1936, Justice Adair was elected Lieutenant Governor and served as President of the Senate until 1941. He was elected as a Justice of the Supreme Court in 1942 and served Chief Justice Hugh R. Adair until 1946 when he assumed the position of Chief Justice. Justice Adair served until January 7, 1957 at which time he
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