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2016 April Montana Lawyer Montana State Bar of Montana Lawyer April 2016 | Vol. 41, No. 6 ABA MARKING 50th ANNIVERSARY OF LANDMARK DECISION WITH LAW DAY THEME FOCUSING ON RIGHTS OF ACCUSED PAGE 12 Also in this edition: > Montana Justice Foundation grant > Nominations open now for annual Bar Awards applications open for 2016 cycle > Judicial Redistricting Commission to consider > Misappropriation of client funds historically proposals at April 6 meeting treated with harshest discipline, disbarment Montana Lawyer 1 The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. 406-442-7660; Fax 406-442-7763. INDEX E-mail: [email protected] State Bar Officers April 2016 President Matthew Thiel, Missoula President-Elect Bruce M. Spencer, Helena Feature Stories Secretary-Treasurer Law Day Theme: 50th Anniversary of Miranda ............................... 12 Jason Holden, Great Falls Immediate Past President Misappropriation of Funds: Gone But Not Forgotten .................. 15 Mark D. Parker, Billings Risk Management: Be Diligent in Recording Time ........................ 17 Chair of the Board Leslie Halligan, Missoula Tech Notes: Encrypting Sensitive Emails a No-Brainer ................ 18 Board of Trustees Bar Award Nomination Forms ........................................................22-25 Elizabeth Brennan, Missoula Marybeth Sampsel, Kalispell Leslie Halligan, Missoula Liesel Shoquist, Missoula Ellen Donohue, Anaconda Regular Features Shari Gianarelli, Conrad Paul Haffeman, Great Falls Member News ...............................................................................................4 Kent Sipe, Roundup Luke Berger, Helena State Bar News ...............................................................................................7 Kate Ellis, Helena J. Stuart Segrest, Helena Court News .................................................................................................. 10 Jane Mersen, Bozeman Lynda White, Bozeman CLE .................................................................................................................. 20 Ross McLinden, Billings Eric Nord, Billings Obituaries ..................................................................................................... 28 Juli Pierce, Billings Job Postings/Classifieds .......................................................................... 30 ABA Delegates Damon L. Gannett, Billings Shane Vannatta, Missoula Montana Lawyer Staff Publisher | Christopher L. Manos Editor | Joe Menden 406-447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar membership. Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 April 2016 State Bar of Montana President Matt Thiel is an attorney in Missoula whose practice focuses mostly on personal injury and labor law. He is an ap- pointed member of the Montana Facility Finance Authority and the Montana Insurance Guarantee Association. www.montanabar.org Page 3 Member and Montana News If you would like to submit an announce- matters including communications and Bozeman. Sack Law handles civil litigation ment in Member and Montana News, email energy issues. and contract transactions, specializing in it to [email protected]. Articles For over a decade, Tranel has been in commercial and construction law. are subject to editing for style, length and private practice specializing in regulatory Owner Matthew Sack is an experienced grammar. For photos, high-resolution JPEG work, water law, land use and property trial attorney who formerly images are preferred (at least 200 ppi). rights, general administrative law, gen- practiced in Philadelphia for eral business matters and civil litigation. litigation firms both large Molloy joins as a partner Outside of the practice of and small. Sack is a graduate of Gallik and Bremer law, she competed in rowing of Delaware Law School and in the 1996 Olympics in the in addition to Montana, is The Bozeman law firm of Gallik and women’s eight, and rowed Sack licensed in Pennsylvania and Bremer, P.C., announces that James P. the single for the United New Jersey. Molloy has joined the firm as a partner. States in the 2000 Olympics in You can contact him at: Matthew I. Molloy received his undergraduate Tranel Sydney. Monica won World Sack, 225 E. Mendenhall, Bozeman, MT degree in political science and social work Championship gold in 1995 in 59715; phone: 406-587-3736; fax: 406-587- with high honors from the University of Tampere, Finland, and is the only woman 9752; www.sacklawpllc.com. Montana. He graduated summa cum laude to represent the United States in the eight from the University of Notre Dame Law and the single in the Olympic Games. School, where he was a Kiley Fellow, and She has two daughters who have inherit- Varela joins Billings firm an Associate Editor of the Notre Dame Law ed her energy and drive. She can be reached Review. Following law school, he served as at 406 449-4829 or [email protected]. Harris and Gannett a law clerk to the late Honorable Edward Allen Tamm on the United States Court of Butte firm welcomes The Billings firm formerly known as Appeals for the District of Columbia Circuit Harris & Associates, PLLC, is pleased to an- in Washington, D.C. Johnston as associate nounce the addition of attorney Liz Varela. Molloy was a partner in a Portland, The firm, now named Harris, Gannett & Oregon, law firm, before returning to The law firm of Joyce & MacDonald, Varela, PLLC, adds Varela’s experience on a Montana with his family in 1995. He had a PLLP, in Butte has announced that Saidee wide range of land use issues to their litiga- successful civil litigation practice in Helena M. Johnston has joined the firm. tion practice. from 1995 to 2009, and then spent six years Johnston was born and raised in Butte In addition to decades in public service as chief of consumer pro- and graduated from Butte Central High of experience with insur- tection for Montana Attorney General Steve School. She continued her education at the ance, business, and personal Bullock, and then senior policy adviser to University of Montana where she gradu- injury litigation, the firm has Gov. Bullock from 2013 to early 2016, be- ated with honors in 2012. She went on to expanded its practice areas to fore joining Gallik, Bremer & Molloy, P.C. study at the University of Montana School include land use and property Molloy has extensive experience in com- of Law where she received her Varela litigation. Ms. Varela handles plex civil litigation, including constitutional law degree in May 2015. She is cases involving boundary issues. He has also successfully handled admitted to practice in all state disputes, easements, water rights, min- several significant cases before the Montana and federal courts throughout eral interests, zoning, permitting, utilities, Supreme Court. Montana. condemnation, construction disputes, and Molloy will be working primarily out of Johnston’s areas of practice property damage. The firm’s attorneys are: include representing injured n Don Harris – Recognized in Super the firm’s Helena office, but will also be in Johnston Bozeman. persons in claims involving au- Lawyers and Best Lawyers in America, tomobile collisions, workplace Past President, American Board of Trial accidents, disability and insurance. She Advocates, Board Member, Montana Trial Tranel joins Silverman looks forward to serving the legal interests Lawyers Association, Certified as a Civil Law Office in Helena of clients throughout Montana. Trial Advocate by the National Board She can be contacted at saidee@joyce- of Trial Advocacy, and recipient of the Silverman Law Office PLLC has an- macdonald.com or 406-723-8700. MTLA’s Trial Lawyer of the Year Award nounced that Monica Tranel has joined the and the Montana Civil Rights Protection & firm. Sack Law Firm opens Advocacy System’s Courage Award. Mr. Tranel graduated from Gonzaga Harris focuses on business and insurance University and Rutgers University School of civil litigation practice disputes. Law. She has worked at the Montana Public n Tucker Gannett – Recognized as a Service Commission and the Montana Sack Law PLLC announces the opening top attorney by the National Association of Consumer Counsel, focusing on regulatory of its new law firm located in downtown Personal Injury Attorneys, Gannett focuses Page 4 April 2016 Member and Montana News on commercial and governmental litigation, personal injury, and Juris Doctorate degree in 2015 with honors. While in law school, insurance coverage disputes. He is a graduate of the University of FitzGerald competed in the National Moot Court Competition, Montana School of Law, is a member of the Montana Trial Lawyers participating in its regional competition in Seattle in 2014. He also Association and the American Bar Association’s Litigation Section. acted as the secretary and president of the Rural Advocacy League n Liz Varela – Focuses on civil litigation with emphasis on and held membership in the law school’s Land Use and Natural property and land use law. Varela is admitted to practice in Resources Clinic. He can be reached at 406-248-7731 or jordan. Montana, North Dakota, and Wyoming. She graduated from the
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