First Female Representative in Congress (1917-1918; 1941-1942)
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Energy and Telecommunications Interim Committee FAX (406) 444-3036 66Th Montana Legislature
PO BOX 201706 Helena, MT 59620-1706 (406) 444-3064 Energy and Telecommunications Interim Committee FAX (406) 444-3036 66th Montana Legislature SENATE MEMBERS HOUSE MEMBERS COMMITTEE STAFF JANET ELLIS LAURIE BISHOP TREVOR GRAFF, Research Analyst MARY MCNALLY DENISE HAYMAN JAMESON WALKER, Staff Attorney KEITH REGIER CHRISTOPHER POPE NADINE SPENCER, Secretary TOM RICHMOND DEREK SKEES BRAD TSCHIDA DANIEL ZOLNIKOV September 9, 2019 To: Energy and Telecommunications Interim Committee From: Jameson Walker, Legislative Attorney Re: Administrative Rule Report, September 2019 ______________________________________________________________________________ The Energy and Telecommunications Interim Committee (ETIC) is responsible for reviewing administrative rules promulgated by several state agencies for compliance with the Montana Administrative Procedure Act (MAPA). The ETIC has administrative rule review, draft legislation review, program evaluation, and monitoring functions for the Department of Public Service Regulation and the Public Service Commission. The following notices are filed with the Secretary of State's Office for publication in the Montana Administrative Register (MAR). Notices are available at http://www.mtrules.org (search by notice number). PROPOSAL NOTICES Department of Public Service Regulation and Public Service Commission There are no pending rules. LEGAL INFORMATION RELATING TO RULES In the August 24, 2018, Montana Register, the Department of Public Service Regulation (PSC) published Montana Administrative Register Notice 38-2-241 pertaining to discovery procedures during contested case proceedings. In the notice, the PSC proposed to amend ARM 38.2.3301 to allow it to conduct data requests as the primary method of discovery. The rule notice was in response to a pending case that was then in Montana District Court: Allied Waste Services of North America, LLC and Montana Waste Systems, Inc. -
MONTANA Statewide Primary Election: (Tuesday) November, 2020
United Christians of Montana MONTANA 2020 GENERAL ELECTION - EDITORIAL OPINION We recommend candidates who are: Free Market, Fiscal Conservatives, Pro 1st & 2nd Amd., Christian, Traditional Family/Life, Defense/Security/Borders Research includes issues of concern for: United Christians of Montana ● Independent Voters for America ● True Patriots of America MONTANA Statewide Primary Election: (Tuesday) November, 2020 Presidential Superintendent of Public Instr. State House Donald Trump – Security, Safety, Peace and Elsie Arntzen District #9 David Dunn District #10 Mark Noland Prosperity are the promises of the District #11 Derek Skees District #12 Linda Reksten Public Service Commissioner District #13 Paul Fielder District #14 Denley Loge Trump/Pence Administration. Will appoint the District #2 Tony O’Donnell District #17 Ross Fitzgerald Dist. #19 Wendy McKamey best Supreme Court and Federal Judges. District #3 James Brown District #20 Fred Anderson District #21 Ed Buttrey District #4 Jennifer Fielder District #22 Lola Sheldon Galloway District 23 Scot Kerns Supreme Court Justice District #24 Steven Galloway District #25 Steve Gist District #26 Jeremy Trebas District #27 Josh Kassmier US Senator NO - Mike Black YES - Mars Scott District #28 Ed Hill District #30 E Wylie Galt Steve Daines YES - Laurie McKinnon YES - Jim Shea District #31 G Bruce Meyers District #33 Kasey Knudsen District Court Judges District #34 Rhonda Knudsen District #35 Brandon Ler US Representative Congress YES 1 D2 Kathy Seeley YES 4 D4 Jason Marks District #36 Bob Phalen District #37 Eric Moore YES 4 D4 Robin Hammond NO 4 D5 Shane Vannatta District #38 Kenneth Holmlund Dist. #39 Geraldine Custer Matt Rosendale YES 7 D2 Katherine Bidegaray NO 8 D2 John Parker District #40 Barry Usher Dist. -
App. 1 in the SUPREME COURT of the STATE of MONTANA DA 17
App. 1 IN THE SUPREME COURT OF THE STATE OF MONTANA DA 17-0492 ----------------------------------------------------------------------- KENDRA ESPINOZA, JERI ELLEN ANDERSON and JAIME SCHAEFER, Plaintiffs and Appellees, v. ORDER MONTANA DEPARTMENT (Filed Jan. 24, 2019) OF REVENUE and GENE WALBORN, in his official capacity as DIRECTOR of the MONTANA DEPARTMENT OF REVENUE, Defendants and Appellants. ----------------------------------------------------------------------- On December 12, 2018, this Court issued its Opin- ion in Espinoza v. Mont. Dep’t of Revenue, 2018 MT 306, 393 Mont. 466, ___ P.3d ___, concluding that § 15-30- 3111, MCA (the Tax Credit Program), was unconstitu- tional because it violated Article X, Section 6, of the Montana Constitution. Appellees (collectively, Plain- tiffs) filed a Motion to Stay Judgment Pending United States Supreme Court Review. Appellant, the Depart- ment of Revenue (the Department), filed a response in- dicating it does not oppose a reasonable stay to allow for efficient administration of the Tax Credit Program. The Department represents that it has already com- pleted state tax returns, forms, and instructions for tax App. 2 year 2018, which provide taxpayers with the ability to claim tax credits based on their donations to Student Scholarship Organizations. The Department repre- sents that the most efficient course of action would be for it to administer the Tax Credit Program in tax year 2018. This Court has authority to stay or postpone judgment to prevent disruption of the Department’s efficient administration of the Tax Credit Program. See Mont. Cannabis Indus. Ass’n, 382 Mont. 297, 297a- 297d, 368 P.3d 1131, 1161-63 (April 25, 2016); Helena Elementary Sch. -
Become Informed and Vote in the November 3 Election
LEAGUE OF WOMEN VOTERS® OF THE BOZEMAN AREA Voter Guide for 2020 Elections on November 3, 2020 As citizens, we enjoy the right to vote for the people who make and uphold our laws. This right is the foundation upon which our democratic form of government is based. Many people in the world do not share this right. Besides being a right, it is a civic duty that we should all feel privileged to perform. BECOME INFORMED AND VOTE IN THE NOVEMBER 3 ELECTION A project of the League of Women Voters of the Bozeman Area The fall 2020 Voter Guide covers elections for the U.S. Senate, U.S. House, Montana Governor, Secretary of State, Attorney General, Auditor, Superintendent of Public Instruction, Montana Supreme Court Justices, Public Service Commission, Montana Senate, Montana House, Gallatin County Commissioner, and Clerk of District Court. Candidates are listed in alphabetical order and their responses are presented exactly as submitted. Candidates running for uncontested seats are listed but were not asked to submit information. The League of Women Voters presents this guide a part of its Voter Education mission. The League does not endorse candidates and we are not affiliated with political parties. We thank the Bozeman Daily Chronicle for its assistance with this Voter Guide. We hope this information is helpful to you in determining which candidates will best represent you in the coming term and we urge you to exercise your right and your civic duty to vote on November 3. UNITED STATES SENATE Candidates answered the following two questions: 1. What are the most important issues you expect to face if elected to the U.S. -
MT Sanders 201103 General 6040-20-8-27-18-51-57
11 1 of 2 OFFICIAL GENERAL ELECTION BALLOT SANDERS COUNTY, MONTANA - NOVEMBER 3, 2020 FEDERAL AND STATE FEDERAL AND STATE INSTRUCTIONS TO VOTERS (Continued) (Continued) 1. TO VOTE, COMPLETELY FILL IN ( ) FOR GOVERNOR & LT. GOVERNOR FOR STATE SUPERINTENDENT OF 21 THE OVAL USING A BLUE OR BLACK PEN. (VOTE IN ONE OVAL) PUBLIC INSTRUCTION 2. To write in a name, completely fill in the oval (VOTE FOR ONE) to the left of the line provided, and on the line MIKE COONEY provided print the name of the write-in DEMOCRAT FOR GOVERNOR candidate for whom you wish to vote. CASEY SCHREINER KEVIN LEATHERBARROW DEMOCRAT FOR LT. GOVERNOR LIBERTARIAN 3. DO NOT MAKE AN IDENTIFYING MARK, CROSS OUT, ERASE, OR USE CORRECTION FLUID. If you make a mistake GREG GIANFORTE MELISSA ROMANO or change your mind, exchange your ballot for REPUBLICAN FOR GOVERNOR DEMOCRAT a new one. KRISTEN JURAS REPUBLICAN FOR LT. GOVERNOR ELSIE ARNTZEN VOTE IN ALL COLUMNS REPUBLICAN VOTE BOTH SIDES LYMAN BISHOP LIBERTARIAN FOR GOVERNOR FEDERAL AND STATE JOHN NESPER LIBERTARIAN FOR LT. GOVERNOR 40 FOR PRESIDENT AND VICE PRESIDENT 41 (VOTE IN ONE OVAL) FOR PUBLIC SERVICE COMMISSIONER 42 DISTRICT 4 JO JORGENSEN FOR GOVERNOR LIBERTARIAN FOR PRESIDENT (VOTE FOR ONE) JEREMY "SPIKE" COHEN LIBERTARIAN FOR VICE PRESIDENT 44 FOR LT. GOVERNOR JENNIFER FIELDER REPUBLICAN DONALD J. TRUMP FOR SECRETARY OF STATE REPUBLICAN FOR PRESIDENT (VOTE FOR ONE) MICHAEL R. PENCE MONICA TRANEL REPUBLICAN FOR VICE PRESIDENT DEMOCRAT BRYCE BENNETT DEMOCRAT JOSEPH R. BIDEN DEMOCRAT FOR PRESIDENT KAMALA D. HARRIS CHRISTI -
If Clerk Justice Laurie Mckinnon Delivered the Opinion and Order of the Court
05/12/2021 OP 21-0173 Case Number: OP 21-0173 IN THE SUPREME COURT OF THE STATE OF MONTANA 2021 MT 120-1 BETH MCLAUGHLIN, Petitioner, v. The MONTANA STATE LEGISLATURE, and the MONTANA DEPARTMENT OF ADMINISTRATION, Respondents. ORIGINAL PROCEEDING: Petition for Original Jurisdiction COUNSEL OF RECORD: For Petitioner: Randy J. Cox, Boone Karlberg P.C., Missoula, Montana For Respondent Montana State Legislature: Austin Knudsen, Montana Attorney General, Kristin Hansen, Lieutenant General, Derek J. Oestreicher, General Counsel, Helena, Montana For Respondent Montana Department of Administration: Michael P. Manion, Department of Administration, Helena, Montana Dale Schowengerdt, Crowley Fleck PLLP, Helena, Montana Decided: May 12, 2021 Filed: __________________________________________cir-641.—if Clerk Justice Laurie McKinnon delivered the Opinion and Order of the Court. ¶1 Respondent, Montana State Legislature (Legislature), has filed in this original proceeding a motion “for the immediate disqualification of all Justices” of the Montana Supreme Court.1 Petitioner, Beth McLaughlin (McLaughlin), the Judicial Branch’s Court Administrator, has responded and objects to the Legislature’s motion. To best address the Legislature’s motion, some discussion of the procedural background and underlying issues is necessary. ¶2 In an original proceeding before this Court filed March 17, 2021, Brown, et. al. v. Gianforte, OP 21-0125, the Legislature, as an intervenor, and Respondent Governor Greg Gianforte raised concerns about a Montana Judges Association (MJA) survey of its members (poll) facilitated by McLaughlin regarding Senate Bill 140 (SB 140). At the time of the poll, the Legislature was considering SB 140. SB 140, which has since been signed into law, changes the way the Governor fills vacancies for judges and justices in Montana. -
If Clerk Justice Laurie Mckinnon Delivered the Opinion of the Court
08/11/2020 DA 20-0050 Case Number: DA 20-0050 IN THE SUPREME COURT OF THE STATE OF MONTANA 2020 MT 202 MATTHEW MONFORTON, Petitioner and Appellant, v. JONATHAN MOTL, Respondent and Appellee. APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DV-19-224AX Honorable Rienne H. McElyea, Presiding Judge COUNSEL OF RECORD: For Appellant: Matthew G. Monforton, Self-Represented, Bozeman, Montana For Appellee: Jaime MacNaughton, Attorney at Law, Helena, Montana Gene R. Jarussi, Heenan & Cook, Billings, Montana Submitted on Briefs: July 1, 2020 Decided: August 11, 2020 Filed: __________________________________________cir-641.—if Clerk Justice Laurie McKinnon delivered the Opinion of the Court. ¶1 Appellant Matthew Monforton (Monforton) appeals a December 17, 2019, order from the Eighteenth Judicial District Court, Gallatin County, denying his petition for judicial review of a final agency decision by the office of the Commissioner of Political Practices (COPP). The COPP’s decision dismissed an ethics complaint that Monforton had lodged against Appellee Jonathan Motl (Motl) based on statements that Motl had made during a radio interview. We restate the dispositive issue on appeal as follows: Was the Deputy COPP’s conclusion of law correct that there was a reasonable interpretation for Motl’s statements other than that they were made to solicit opposition to a candidate for public office? ¶2 We conclude that Motl’s statements did not violate § 2-2-136(4), MCA (2015), of the Montana Code of Ethics. Accordingly, we affirm the District Court’s order denying Monforton’s petition for review. -
IN the SUPREME COURT of the STATE of MONTANA Case Number: OP 21-0182 OP 21-0182 ______
04/29/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0182 OP 21-0182 _________________ HAMLIN CONSTRUCTION AND DEVELOPMENT COMPANY, INC., a Montana Corporation; JERRY HAMLIN and BARBARA HAMLIN, Individually, and as TRUSTEES OF THE HAMLIN FAMILY REVOCABLE LIVING TRUST, Petitioners, O R D E R v. MONTANA FIRST JUDICIAL DISTRICT COURT, LEWIS AND CLARK COUNTY, HON. CHRISTOPHER ABBOTT, Presiding, Respondent. _________________ The above-captioned Petitioners (“Hamlins”), via counsel, seek a writ of supervisory control over the First Judicial District Court, Lewis and Clark County, in its Cause No. DDV-2018-980. Hamlins maintain this case should be consolidated with another case also pending in the First Judicial District Court under Cause No. XBDV-2018-1429. Hamlins have also petitioned for a writ of supervisory control over that matter and have moved this Court to consolidate both petitions for supervisory control. Hamlins further request that this District Court matter be stayed pending the resolution of this petition. Supervisory control is an extraordinary remedy that is sometimes justified when urgency or emergency factors exist making the normal appeal process inadequate, when the case involves purely legal questions, and when the other court is proceeding under a mistake of law and is causing a gross injustice, constitutional issues of state-wide importance are involved, or, in a criminal case, the other court has granted or denied a motion to substitute a judge. M. R. App. P. 14(3). Whether supervisory control is appropriate is a case-by-case decision. Stokes v. Mont. Thirteenth Judicial Dist. Court, 2011 MT 182, ¶ 5, 361 Mont. -
Montana Supreme Court Hon. Mike Mcgrath, Hon. Laurie Mckinnon, Hon
03/27/2020 Montana Supreme Court Hon. Mike McGrath, Hon. Laurie McKinnon, Hon. James Rice, Hon. Beth Baker, Hon. Jim Shea, Hon. Dirk Sandefur, Hon. Ingrid Gustafson Case Number: PR 20-0072 215 N. Sanders Helena, MT 59601 We the undersigned write to urge this Court to accept the recommendation of the Judicial Standards Commission in the pending matter against Judge Ashley Harada (PR-20-0072). The Montana Constitution enshrines the Judicial Standards Commission (JSC) with the authority to investigate complaints against and recommend punishment for judicial officers. The JSC conducted such an investigation into the complaints made against Judge Harada. That investigation was conducted by retired Judge Ed McLean. Judge McLean not only served Montana as a District Court judge for more than 25 years but is also the former Chairman of the JSC. Having reviewed documents, interviewed witnesses and deliberated on this matter, Judge McLean and the JSC determined that a public censure of Judge Harada was an appropriate disposition for her violations. The complainants and several Billings attorneys are now actively soliciting other attorneys from across Montana to join their cause and appeal directly to this Court to remove Judge Harada from the bench despite the recommendations of Judge McLean and the JSC. The complainants in this matter were all passionate supporters and financial contributors of Juli Pierce, Judge Harada’s opponent in 2018. One of the lead organizers of this effort, Billings attorney Gene Jarussi, even contributed $5,000 to an outside group that conducted $20,000 in independent expenditures on Ms. Pierce’s behalf. Unable to win at the polls, they took their battle to the JSC. -
Montana Lawyers Are Amazing! Mock Trials
Montana State Bar of Montana Lawyer April 2017 | Vol. 42, No. 6 Nominate deserving peers > Do you know of a lawyer who deserves recognition? Forms are inside and online for State Bar’s Jameson, Bousliman, Pro Bono, Equal Justice Awards. > Missoula attorneys Brett Schandelson, Colin Stephens honored for exonerations of Montana Innocence Project clients Also inside > Bar groups, others rally to support funding for Legal Services Corporation > Evidence Corner: Clear and Convincing and Beyond Reasonable Doubt -- Montana has amazing attorneys > Supreme Court decisions on blood evidence, recanted statement > President’s Message: Nation should not repeat past mistakes > Security Series: Protect your Internal Systems 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 Email: [email protected] State Bar Officers April 2017 President Bruce M. Spencer, Helena President-Elect Leslie Halligan, Missoula Feature Stories Secretary-Treasurer Innocence Preserved: Attorneys honored for exonerations ..... 12 Jason Holden, Great Falls Immediate Past President Security Series: Protect Your Internal Systems ............................... 14 Matthew Thiel, Missoula Ninth Circuit Summaries and Appellate Tips .................................. 16 Chair of the Board Juli Pierce, Billings Montana AG’s Authority over Charitable Trusts ............................ 18 Board of Trustees Will Our Data Be Safer in 2026? ............................................................ 22 Elizabeth Brennan, Missoula Brian C. Smith, Missoula David Steele, Missoula Award Nomination Forms ................................................................32-35 Kaylan Minor, Kalispell Jessica Polan, Anaconda Communication with Beneficiaries Can Ease Grieving ................ 29 Channing Hartelius, Great Falls Paul Haffeman, Great Falls Kent Sipe, Roundup Mike Talia, Helena Regular Features Kate Ellis, Helena J. -
In the Supreme Court of the State of Montana
March 26 2014 DA 13-0820 IN THE SUPREME COURT OF THE STATE OF MONTANA 2014 MT 82 ROBERT WILLEMS, PHYLLIS WILLEMS, TOM BENNETT, BILL JONES, PHILIP WILSMAN, LINDA WILSMAN, JASON CARLSON, MICK JIMMERSON, DWAYNE CROOK, MARY JO CROOK, JAMES STUNTZ, RANDY BOLING, ROD BOLING, BOB KELLER, GLORIA KELLER, RONALD TORGESON, RUTH TORGESON, ED TIMPANO, JEANNIE RICKERT, TED HOGELAND, KEITH KLUCK, PAM BUTCHER, TREVIS BUTCHER, BOBBIE LEE COX, WILLIAM COX, and DAVID ROBERTSON, Plaintiffs and Appellants, v. STATE OF MONTANA, LINDA McCULLOUCH, in her capacity as Secretary of State for the State of Montana, Defendants and Appellees. APPEAL FROM: District Court of the First Judicial District, In and For the County of Lewis and Clark, Cause No. ADV-2013-509 Honorable Mike Menahan, Presiding Judge COUNSEL OF RECORD: For Appellants: Matthew G. Monforton; Monforton Law Office, PLLC; Bozeman, Montana For Appellees: Timothy C. Fox, Montana Attorney General; Lawrence VanDyke, Montana Solicitor General; J. Stuart Segrest, Assistant Attorney General; Helena, Montana Submitted on Briefs: February 25, 2014 Decided: March 26, 2014 Filed: __________________________________________ Clerk 2 Justice Patricia Cotter delivered the Opinion of the Court. ¶1 Plaintiffs are registered voters in Fergus and Wheatland Counties seeking to invalidate the Montana Districting and Apportionment Commission’s (Commission) assignment of two “holdover senators” in its final 2013 redistricting plan. Defendants are the State of Montana and Secretary of State Linda McCulloch (State). Plaintiffs appeal from an order of the First Judicial District Court, Lewis and Clark County, denying their motion for summary judgment and granting the State’s motion for summary judgment. We affirm. -
Unofficial 2020 General Election Results As Of
2020 UNOFFICIAL GENERAL ELECTION RESULTS Race Candidate Total # of Votes President and Vice President - Dem JOSEPH R. BIDEN/KAMALA D. HARRIS 1819 President and Vice President - Lib JO JORGENSEN/JEREMY "SPIKE" COHEN 142 President and Vice President - Rep DONALD J. TRUMP/MICHAEL R. PENCE 5660 WRITE-IN 30 US Senator Dem STEVE BULLOCK 2190 US Senator Rep STEVE DAINES 5395 WRITE-IN 27 US Representative Rep MATT ROSENDALE 5574 US Representative Dem KATHLEEN WILLIAMS 2008 WRITE-IN 24 Governor & Lt. Governor - Lib LYMAN BISHOP/JOHN NESPER 370 Governor & Lt. Governor - Dem MIKE COONEY/CASEY SCHREINER 1869 Governor & Lt. Governor - Rep GREG GIANFORTE/KRISTEN JURAS 5346 WRITE-IN 13 Secretary of State - Dem BRYCE BENNETT 1790 Secretary of State - Rep CHRISTI JACOBSEN 5692 WRITE-IN 9 Attorney General - Dem RAPH GRAYBILL 1858 Attorney General - Rep AUSTIN KNUDSEN 5689 WRITE-IN 10 State Auditor - Rep TROY DOWNING 5290 State Auditor - Dem SHANE A MORIGEAU 1870 State Auditor - Lib ROGER ROOTS 338 WRITE-IN 12 State Superintendent of Public Instruction - Rep ELSIE ARNTZEN 5148 State Superintendent of Public Instruction - Lib KEVIN LEATHERBARROW 314 State Superintendent of Public Instruction - Dem MELISSA ROMANO 2024 WRITE-IN 9 Public Service Commissioner District 4 - Rep JENNIFER FIELDER 5320 Public Service Commissioner District 4 - Dem MONICA TRANEL 2175 WRITE-IN 14 Supreme Court Justice #5 - N/P MIKE BLACK 2720 Supreme Court Justice #5 - N/P LAURIE MCKINNON 3888 WRITE-IN 34 Supreme Court Justice #6 - N/P JIM SHEA - YES 5029 Supreme Court Justice #6 - N/P JIM SHEA - NO 1764 District Court Judge District #20, DEPT 1 JAMES A.