Legislative Council Report on the Montana Constitution

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Da 11-0460 in the Supreme Court of the State Of

September 11 2012 DA 11-0460 IN THE SUPREME COURT OF THE STATE OF MONTANA 2012 MT 201 MONTANA CANNABIS INDUSTRY ASSOCIATION, MARK MATTHEWS, SHIRLEY HAMP, SHELLY YEAGER, JANE DOE, JOHN DOE #1, JOHN DOE #2, MICHAEL GECI-BLACK, M.D., JOHN STOWERS, M.D., POINT HATFIELD, and CHARLIE HAMP, Plaintiffs, Appellees, and Cross-Appellants, v. STATE OF MONTANA, Defendant, Appellant, and Cross-Appellee. APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. DDV 11-518 Honorable James P. Reynolds, Presiding Judge COUNSEL OF RECORD: For Appellant: Steve Bullock, Montana Attorney General; James P. Molloy (argued), J. Stuart Segrest, Assistant Attorneys General, Helena, Montana For Appellees: James H. Goetz (argued); J. Devlan Geddes; Goetz, Gallik & Baldwin, P.C., Bozeman, Montana Argued and Submitted: May 30, 2012 Decided: September 11, 2012 Filed: __________________________________________ Clerk Justice Michael E Wheat delivered the Opinion of the Court. ¶1 The State of Montana (“State”) appeals from an order preliminarily enjoining parts of the Montana Marijuana Act, § 50-46-301 et seq., MCA. Montana Cannabis Industry Association, Mark Matthews, Shirley Hamp, Shelly Yeager, Jane Doe, John Doe #1, John Doe #2, Michael Geci-Black, John Stowers, Point Hatfield, and Charlie Hamp (collectively “the Plaintiffs”) cross-appeal from the same order. We reverse and remand. BACKGROUND ¶2 In 2004, Montana voters approved the use of medical marijuana through the passage of I-148, the Medical Marijuana Act. The 2004 Medical Marijuana Act left in place those provisions in the Montana criminal code that make it illegal to cultivate, possess, distribute or use marijuana, while simultaneously protecting authorized users of medical marijuana from being prosecuted.
Constitution of the State of Wash Ington*

~b£ as ington istorical ~uart£rlp :J§oarb of <lEbitorl) CLARENCE B. BAGLEY. Seattle. W. D. LYMAN, Walla Walla. J. N. BOWMAN. Seattle. EDWARD McMAHON. Seattle. T. C. ELLIOTT. Walla Walla. THOMAS W. PROSCH. Seattle. FRANK A. GOLDER, Pullman. OLIVER H. RICHARDSON. Seattle. CEYLON S. KINGSTON, Cheney. O. B. SPERLIN. Tacoma. E. O. S. SCHOLEFIELD. Victoria. B. C. ALLEN WEIR. Olympia. ;§Managing CEbitor EDMOND S. MEANY :J§ul)incl)l) $Manager CHARLES W. SMITH VOL. IV. NO.4 OCTOBER, 1913 ISSUED QUARTERLY ClContents I.EIHIEI" J. 1,:\.\1'1' 0 ..11';" "f th., C"llstltutl"u "f th~ ~.nt.~ Ht' \'-ltshjJl~tnll .. .. .. -_.':J"' JHH' H. l\.1':\E.-\H .... , ..... :\oh"s on tht>' COllstitutional Con"eu- tit.11 ., .. .. .. .. ., .. .. ., ....o>-~ 'I'HEO))OHI-: L. "'fILE" 'I'h,· ("o".tit"tl"" "f tilt. Stat.. Dnd It. Ea'tOt·hl! 1"'1011 Puhlh~ Inter(·id~ ., 281 n4H·l·:l1E::\'I\~-('orr(·sl.nllc1t·nt·t~.:\hullt Indian Lands " .. ~~~ 1I00K HEYI E\\'" , .. .. ,, .. .. ' .. ., .. .. .. 2\10 'E\Y!'i nEP;\Il'l""'~"I' '" , " ::Hti :\OWI'HWI';"'I'EIl:\ HI"'I'tlll\ '" 1.1..\III·~ .. " '. ::!lS BEPH"'l' llEP.\H'r"E."I'-(;t"urJ,:;"t" '\~ilk('·N: Histnr~' of Oret;oJl, Gt"o- ",· ..al.Io\"ul, Geolo,;it'Rl aud Political (Xew York, Col)· lS4i> I aoo 1:\IlEX. "01.1\11-: I\', ' ., .' :11:1 THE WASHINGTON UNIVERSITY STATE HISTORICAL SOCIETY UNIVERSITY STATION SEATTLE. WASHINGTON .•. ~ '. -:{'"'' It'ntered at the Postofflce at Sea tlIe as second-class mail matter. • ~bt Wa~bington Wnibtrsitp ~tatt J)i~torical ~ocittp @fficl'rs anb rsoarb of ~ru!)tl'l's: CLARENCE B.
3:17 P.M. Rep. Rick Jore, Vice Chairman (Majority) (R) Rep

MINUTES MONTANA HOUSE OF REPRESENTATIVES 54th LEGISLATURE - REGULAR SESSION COMMITTEE ON HIGHWAYS & TRANSPORTATION Call to Order: By VICE CHAIRMAN RICK JORE, on March -1, 1995, at 3:17 p.m. ROLL CALL Members Present: Rep. Rick Jore, Vice Chairman (Majority) (R) Rep. Patrick G. Galvin, Vice Chairman (Minority) (D) Rep. Joe Barnett (R) Rep. Matt Brainard (R) Rep. Robert C. Clark (R) Rep. Charles R. Devaney (R) Rep. Marian W. Hanson (R) Rep. Don Larson (D) Rep. Rod Marshall (R) Rep. Linda McCulloch (D) Rep. Daniel W. McGee (R) Rep. Jeanette S. McKee (R) Rep. William M. "Bill" Ryan (D) Rep. Roger Somerville (R) Rep. Joe Tropila (D) Rep. Jack Wells (R) Members Excused: Chairman Shiell Anderson (R) Members Absent: Rep. Dore Schwinden (D) Staff Present: Connie Erickson, Legislative Council Kim Greenough, Committee Secretary Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed. Committee Business Summary: Hearings: SB 268 SB 181 SB 114 SB 103 Executive Action: None {Tape: ~; Side: ~; Approx. Counter: O~O; C01IlIIlents: None.} 950301HI. HM1 HOUSE HIGHWAYS & TRANSPORTATION COMMITTEE March I, 1995 Page 2 of 8 HEARING ON SB 268 Opening Statement by Sponsor: SEN. DON HARGROVE, Senate District 16, Belgrade, stated that SB 268 would address the snowmobile' license laws. He said the bill would allow a young person to go through a training course to allow them to be eligible to ride snowmobiles in certain areas. Proponents' Testimony: Ken Hoovestol, Montana Snowmobile Association, stated that current law allows local governments to make the determination for the licensing of individuals on snowmobiles in their areas.
In the Supreme Court of the State of Montana

IN THE SUPREME COURT OF THE STATE OF MONTANA AF 06-0377 _________________ IN THE MATTER OF ADOPTING RULES FOR PUBLIC ACCESS AND PRIVACY TO COURT O R D E R RECORDS IN MONTANA _________________ Judy Meadows, State Law Librarian, and Karen Nelson, Director of Information Technology, Office of the Supreme Court Administrator, have filed in this matter a Petition to Amend and Extend Implementation Deadline for the Rules for Public Access and Privacy to Court Records in Montana (Rules). The Petition notes that as part of the Court’s education efforts with respect to the Rules under Section 8.30, it is apparent that Section 4.5(c) of the rules is confusing. The Petition requests that the first line of this section be amended to read: Unless required to be made public, the following information is not available without leave of the court: The Petition indicates that this minor change in wording will assist in the general understanding of the Rules and their implementation. The Petition also represents that recent educational efforts have demonstrated that the courts and clerks of courts are not yet ready to implement the rules and that there is particular difficulty in applying Section 4.5’s restrictions for Social Security numbers, full birthdates, financial account numbers and minor’s full names. Although frequently not required by statute, and thus restricted under the new Rules, there are numerous current court forms that require this data. Accordingly, the Petition suggests that this Court delay implementation of the Rules until July 1, 2008. the Petition contemplates a sixty (60) day comment period in 1 which courts, clerks of courts and attorneys will address the Taskforce on public access to privacy and court records in Montana with specific concerns about forms and processes that will need to be amended to comply with Section 4.5(c).
This Is the Courtwatch Manual Developed by the Montana

MCADSV Courtwatch Training Manual TTTHHHEEE MMOOONNNTTTAAANNNAAA CCCOOOAAALLLIIITTTIIIOOONNN AAAGGGAAAIIINNNSSSTTT DDDOOOMMMEEESSSTTTIIICCC AAANNNDDD SSEEEXXXUUUAAALLL VVVIIIOOOLLLEEENNNCCCEEE CCCOOOUUURRRTTTWWWAAATTTCCCHHH TTTRRRAAAIIINNNIIINNNGGG MMMAAANNNUUUAAALLL © MCADSV 2007 This project is supported by the grant # 2004 MUAX 0048, awarded by the US Department of Justice, Office of Justice Programs. Points of view in this manual are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. MCADSV Courtwatch Training Manual COURTWATCH TABLE OF CONTENTS IINTRODUCTIONNTRODUCTION......................................................................................................................... 4 AACKNOWLEDGEMENTSCKNOWLEDGEMENTS ......................................................................................................... 5 BBACKGROUND:ACKGROUND: CCOURTWATCHOURTWATCH DDEFINEDEFINED......................................................................... 7 HHISTORYISTORY OOFF MMCADSVCADSV CCOURTWATCHOURTWATCH MMANUALANUAL........................................................... 9 DEVELOPING A COURTWATCH PROGRAM..................................................................... 12 Creating the Program ...........................................................................................................................13 Strategic Planning ................................................................................................................................14
Supreme Court of the United States ______JAMES K

No. 18-6135 IN THE Supreme Court of the United States __________ JAMES K. KAHLER, Petitioner, v. STATE OF KANSAS, Respondent. __________ On Writ of Certiorari to the Supreme Court of Kansas __________ BRIEF OF AMERICAN PSYCHIATRIC ASSOCIATION, AMERICAN PSYCHOLOGICAL ASSOCIATION, AMERICAN ACADEMY OF PSYCHIATRY AND THE LAW, THE JUDGE DAVID L. BAZELON CENTER FOR MENTAL HEALTH LAW, AND MENTAL HEALTH AMERICA AS AMICI CURIAE IN SUPPORT OF PETITIONER __________ DAVID W. OGDEN AARON M. PANNER PAUL R.Q. WOLFSON Counsel of Record ALEXANDRA STEWART KEVIN D. HORVITZ WILMER CUTLER PICKERING MICHAEL S. QIN HALE AND DORR LLP KELLOGG, HANSEN, TODD, 1875 Pennsylvania Ave., N.W. FIGEL & FREDERICK, Washington, D.C. 20006 P.L.L.C. (202) 663-6000 1615 M Street, N.W. Suite 400 NATHALIE F.P. GILFOYLE Washington, D.C. 20036 DEANNE M. OTTAVIANO (202) 326-7900 AMERICAN PSYCHOLOGICAL ([email protected]) ASSOCIATION Counsel for American 750 First Street, N.E. Psychiatric Association Washington, D.C. 20002 and American Academy of (202) 336-5500 Psychiatry and the Law Counsel for American Psychological Association June 7, 2019 (Additional Counsel Listed On Inside Cover) IRA ABRAHAM BURNIM JENNIFER MATHIS BAZELON CENTER FOR MENTAL HEALTH LAW 1101 15th Street, N.W. Suite 1212 Washington, D.C. 20005 (202) 467-5730 Counsel for The Judge David L. Bazelon Center for Mental Health Law MARK J. HEYRMAN CLINICAL PROFESSOR OF LAW UNIVERSITY OF CHICAGO LAW SCHOOL 1111 East 60th Street Chicago, Illinois 60637 (773) 702-9611 Counsel for Mental Health America TABLE OF CONTENTS Page TABLE OF AUTHORITIES ...................................... iii INTEREST OF AMICI CURIAE ...............................
Montana Courts Annual Report of the Montana Judicial System Calendar Year 1994

- MONTANA COURTS ANNUAL REPORT OF THE MONTANA JUDICIAL SYSTEM CALENDAR YEAR 1994 J. A. TURNAGE CHIEF JUSTICE A PUBLICATION OF THE OFFICE OF THE COURT ADMINISTRATOR ROOM 315, JUSTICE BUILDING 215 NORTH SANDERS HELENA, MT 59620 State of the Judiciary Address by Honorable J. A. Turnage Chief Justice, Montana Supreme Court to a Joint Session of the Fifty-Fourth Legislature January 27, 1995 President Brown, Speaker Mercer, members of the Senate and House, distinguished public officials, staff of the Fifty-fourth Legislature and guests, ladies and gentlemen. Thank you for this honor and privilege to address this joint session of the Fifty- fourth Legislature. 1 would like to take this time to highlight some of the Judiciary's workload, accomplishments and its concerns. Before doing so, 1 think it appropriate to review some history and constitutional provisions that have placed the Judiciary of the State of Montana as a distinct and separate branch of Montana government with the Legislative and Executive branches. The great charter of liberties of King John, the Magna Charta, granted at Runingmede, June 15, 1215, a charter of freedom for the individual, separated the of total power over citizens then concentrated in the hands of the king, and gave to individual citizens a voice in the control over their lives and liberties. This topic of separation of powers is as important to the Legislative branch of government, as it is to the Judicial and Executive branches. James Madison, a principal author of the Constitution of the United States, expressed it eloquently when he wrote: "The accumulation of all powers, legislative, executive, and judicial, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny." Madison's admonition found its way into the Constitution of the United States and is found in Articles 1, II and flf.
SCOTUS & Personal Jurisdiction: Ford V. Montana and Ford V. Bandemere

Media Clip Compilation SCOTUS & Personal Jurisdiction: Ford v. Montana and Ford v. Bandemere https://www.upi.com/Top_News/US/2020/10/07/Shorthanded-Supreme-Court-hears-Google- Oracle-fight-Ford-cases/4001602073011/ Shorthanded Supreme Court hears Google-Oracle fight, Ford cases By Don Jacobson UPI.com October 7, 2020 A shorthanded U.S. Supreme Court, now in its new term, will hear cases Wednesday involving three high-profile companies -- tech giant Google, software maker Oracle and auto conglomerate Ford Motor Co. The high court opened its new term Monday with just eight justices and a 5-3 conservative majority following the death of Ruth Bader Ginsburg last month. Experts say two disputes on the docket Wednesday could have wide-ranging implications for how software is developed and how manufacturers are held liable for injuries connected with their products. Arguments in all three cases -- Google vs. Oracle America, Ford Motor Co. vs. Montana Eighth Judicial District Court and Ford Motor Co. v. Bandemer -- will be heard virtually. In the case of Google and Oracle, which has been in courts for years, the two companies are fighting over the software code used by Google to develop its Android smartphone operating system. Oracle argues that its Java application programming interface is intellectual property protected by copyright. Google contends that the interface is not a creative work that warrants copyright protection, but rather falls into "fair use" territory as a technical, functional platform. Google is appealing a 2018 federal appellate court decision that found the Java interface is not subject to fair use -- a decision that's alarmed software developers as a potential roadblock to innovation in a vital industry.
The Montana Constitution: a National Perspective, 64 Mont

Montana Law Review Volume 64 Article 2 Issue 1 Winter 2003 1-2003 The onM tana Constitution: A National Perspective G. Alan Tarr Distinguished Professor of Political Science, Rutgers University-Camden Follow this and additional works at: https://scholarship.law.umt.edu/mlr Part of the Law Commons Recommended Citation G. Alan Tarr, The Montana Constitution: A National Perspective, 64 Mont. L. Rev. (2003). Available at: https://scholarship.law.umt.edu/mlr/vol64/iss1/2 This Article is brought to you for free and open access by The choS larly Forum @ Montana Law. It has been accepted for inclusion in Montana Law Review by an authorized editor of The choS larly Forum @ Montana Law. Tarr: The Montana Constitution: A National Perspective ARTICLE THE MONTANA CONSTITUTION: A NATIONAL PERSPECTIVE* G. Alan Tarr** The creation of a political society's fundamental law is a defining moment in the history of that society. This is true whether one is speaking of the creation of a national constitution such as the United States Constitution or a subnational constitution such as the Montana Constitution.' James Dealy, a prominent historian of the early twentieth century, once wrote, "one might almost say that the romance, the poetry, and even the drama of American politics are deeply embedded in state constitutions."2 This article may not provide * This article relies in part upon my Big Doings in Big Sky: Montana's Constitution in Context, 1 RENDEZVOUS 6 (1997). I wish to thank the Montana Committee for the Humanities for permission to draw upon that earlier study. ** Distinguished Professor of Political Science and Director, Center for State Constitutional Studies, Rutgers University-Camden.
Enforcement – District Court Guide Table of Contents

ENFORCEMENT – DISTRICT COURT GUIDE TABLE OF CONTENTS General Information and Enforcement Overview ......................................................................2 Water Right Enforcement Overview ............................................................................................3 General Order of Proceedings .....................................................................................................6 Letter From Water Court ..............................................................................................................7 District Court Forms .....................................................................................................................8 Note regarding Enforcement Forms .............................................................................................9 Request for Enforcement Tabulation .........................................................................................10 Order Granting Petition and Appointing Water Commissioner ................................................12 Statement for Delivery of Water ................................................................................................15 Water Commissioner Filings and Information .........................................................................16 Water Commissioner Bond ........................................................................................................17 Oath of Sureties .........................................................................................................................18
Western Legal History

WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 2, NUMBER 2 SUMMER/FALL 1989 Western Legal History is published semi-annually, in spring and fall, by the Ninth judicial Circuit Historical Society, 620 S. W Main Street, Room 703, Portland, Oregon 97205, (503) 326-3458. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts - particularly the federal courts - in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the Society as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-749; Grantor, $250-$499; Sustaining, $100-$249; Advocate, $50-$99; Subscribing (non- members of the bench and bar, attorneys in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder $3,000 or more; Patron $1,000-$2,999: Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other Society publications and programs, please write or telephone. POSTMASTER: Please send change of address to: Editor Western Legal History 620 S. W. Main Street Room 703 Portland, Oregon 97205 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright by the Ninth Judicial Circuit Historical Society. ISSN 0896-2189. The Editorial Board welcomes unsolicited manuscripts, books for review, reports on research in progress, and recommendations for the journal.
Montana Constitutional and Statutory Provisions Specifically Applicable to the Legislature

MONTANA CONSTITUTIONAL AND STATUTORY PROVISIONS SPECIFICALLY APPLICABLE TO THE LEGISLATURE Montana Constitution *Note that there are other provisions of the Montana Constitution that place limitations on the authority of the Legislature (i.e., fundamental right provisions, separation of powers, etc.). Article 5. The Legislature Section 1. Power and structure. The legislative power is vested in a LEGISLATURE consisting of a senate and a house of representatives. The people reserve to themselves the powers of initiative and referendum. Section 2. Size. The size of the LEGISLATURE shall be provided by law, but the senate shall not have more than 50 or fewer than 40 members and the house shall not have more than 100 or fewer than 80 members. Section 3. Election and terms. A member of the house of representatives shall be elected for a term of two years and a member of the senate for a term of four years each to begin on a date provided by law. One-half of the senators shall be elected every two years. Section 4. Qualifications. A candidate for the LEGISLATURE shall be a resident of the state for at least one year next preceding the general election. For six months next preceding the general election, he shall be a resident of the county if it contains one or more districts or of the district if it contains all or parts of more than one county. Section 5. Compensation. Each member of the LEGISLATURE shall receive compensation for his services and allowances provided by law. No LEGISLATURE may fix its own compensation.