DOCSLIB.ORG

2013 February Montana Lawyer

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
2013 February Montana Lawyer Montana State Bar of Montana LawyerFebruary 2013 | Vol. 38, No. 4 & CLIENT Changes in ’13 and what you FUNDS need to know Also inside - Elder law series: A look at legal document clinics - Montana Supreme Court Case Summaries - Breakdown of American Taxpayer Relief Act - Evidence Corner: Sources and Research - Results of Court’s bench, bar survey - Did you know it’s the end of another ethics reporting cycle? 1 Montana Lawyer The offi cial 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 INDEX (406) 442-7763. E-mail: [email protected] State Bar Offi cers February 2013 President Pamela Bailey, Billings President-Elect Randall Snyder, Bigfork From the Cover Secretary-Treasurer Mark Parker, Billings IOLTA issues in 2013 .................................................................................22 Immediate Past President Shane Vannatta, Missoula Chair of the Board Feature Stories Matthew Thiel, Missoula Hispanic and Women Farmers and Ranchers Claims Process ...16 Board of Trustees Marybeth Sampsel, Kalispell American Taxpayer Relief Act ...............................................................36 Leslie Halligan, Missoula Tammy Wyatt-Shaw, Missoula Bench/Bar Survey Results .......................................................................45 Ellen Donohue, Anaconda Jason Holden, Great Falls Mike Talia, Great Falls Kent Sipe, Roundup Commentary Luke Berger, Helena Tom Keegan, Helena President’s Message ....................................................................................4 Monica Tranel, Helena Jane Mersen, Bozeman Letters ...............................................................................................................5 Lynda White, Bozeman Vicki Dunaway, Billings Ross McLinden, Billings Monique Staff ord, Billings Regular Features ABA Delegates Member News ...............................................................................................6 Damon L. Gannett, Billings Shane Vannatta, Missoula State Bar News ...............................................................................................9 Montana Lawyer Staff Court orders ................................................................................................ 11 Publisher | Christopher L. Manos Editor | Peter Nowakowski Continuing Legal Education ..................................................................19 (406) 447-2200; fax: 442-7763 e-mail: [email protected] Elder Law Series ......................................................................................... 16 Subscriptions are a benefi t of State Bar membership. Court case summaries ............................................................................. 24 Advertising rates are available upon Evidence Corner .........................................................................................41 request. Statements and expressions of opinion appearing herein are those of the Job postings/Classifi eds....................................................................46-47 advertisers or authors and do not neces- sarily refl ect the views of the State Bar of Blast from the Past ............................On hiatus; returns next month! Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. :K\GR DWWRUQH\V EHFRPHVXFFHVVIXO ILQDQFLDO DGYLVRUV" +HUH¶VDIHZUHDVRQV 'ƵĂƌĚŝĂŶŝƐƌĞƉƌĞƐĞŶƚĞĚďLJ͗ $WWRUQH\VNQRZKRZWRFRPPXQLFDWHZLWK FOLHQWV $WWRUQH\VXQGHUVWDQGZKDWLWPHDQVWREHD ILGXFLDU\ $WWRUQH\VHIIHFWLYHO\LQWHUDFWZLWKRWKHU SURIHVVLRQDOV ŶĚƌĞǁW͘>ŝŶŬ͕>h͕Ś& $WWRUQH\VXQGHUVWDQGWKHOHJDO 'ĞŶĞƌĂůŐĞŶƚ XQGHUFDUULDJHRIILQDQFLDOSURGXFWVDQG ϭϬϭϰ^ŽƵƚŚǀĞŶƵĞtĞƐƚ VWUDWHJLHV DŝƐƐŽƵůĂ͕DdϱϵϴϬϭ 2XUDVVRFLDWHVHDUQOXFUDWLYHFRPSHQVDWLRQ ϰϬϲ͘ϳϮϴ͘ϲϲϵϵ ZKLOHDGYLVLQJWKHLUIHOORZSURIHVVLRQDOV ĂŶĚƌĞǁͺůŝŶŬΛŐůŝĐ͘ĐŽŵ DQGEXVLQHVVRZQHUV 7ROHDUQPRUHYLVLW ZZZ1RUWKHUQ5RFNLHV)LQDQFLDO*URXSFRPRU YLGHRVWKHOLYLQJEDODQFHVKHHWFRPUHFUXLWPHQW /LIH,QVXUDQFH² 5HWLUHPHQW6HUYLFHV² ,QYHVWPHQWV² 'LVDELOLW\,QFRPH,QVXUDQFH² (PSOR\HH%HQHILWV ůůŝŶƋƵŝƌŝĞƐŚĞůĚŝŶĐŽŶĨŝĚĞŶĐĞ͘ ZĞŐŝƐƚĞƌĞĚZĞƉƌĞƐĞŶƚĂƚŝǀĞŽĨWĂƌŬǀĞŶƵĞ^ĞĐƵƌŝƚŝĞƐ͕>>;W^Ϳ͕ϭϬϭϰ^ŽƵƚŚǀĞŶƵĞtĞƐƚ͕DŝƐƐŽƵůĂ͕DdϱϵϴϬϭ͘^ĞĐƵƌŝƚŝĞƐƉƌŽĚƵĐƚƐ ĂŶĚƐĞƌǀŝĐĞƐŽĨĨĞƌĞĚƚŚƌŽƵŐŚ W^͕ϰϬϲͲϳϮϴͲϲϲϵϵ͘ &ŝŶĂŶĐŝĂůZĞƉƌĞƐĞŶƚĂƚŝǀĞ͕dŚĞ'ƵĂƌĚŝĂŶ>ŝĨĞ/ŶƐƵƌĂŶĐĞŽŵƉĂŶLJŽĨŵĞƌŝĐĂ;'ƵĂƌĚŝĂŶͿ͕EĞǁzŽƌŬ͕Ez͘ ŽƉLJƌŝŐŚƚϮϬϭϮ͘/ŶǀĞƐƚŵĞŶƚƐĂƌĞŽĨĨĞƌĞĚƚŚƌŽƵŐŚWĂƌŬǀĞŶƵĞ^ĞĐƵƌŝƚŝĞƐ>>;W^Ϳ͕ϳ,ĂŶŽǀĞƌ^ƋƵĂƌĞ͕EĞǁzŽƌŬ͕Ez͕ϭϬϬϬϰ͘ W^ŝƐĂŶŝŶĚŝƌĞĐƚǁŚŽůůLJŽǁŶĞĚƐƵďƐŝĚŝĂƌLJŽĨ'ƵĂƌĚŝĂŶ͘ EŽƌƚŚĞƌŶZŽĐŬŝĞƐ&ŝŶĂŶĐŝĂů'ƌŽƵƉ͕/ŶĐ͘ŝƐŶŽƚĂŶĂĨĨŝůŝĂƚĞŽƌƐƵďƐŝĚŝĂƌLJŽĨW^Žƌ'ƵĂƌĚŝĂŶ͘ W^͕ŵĞŵďĞƌ&/EZ͕^/W͘ ŝƐĂďŝůŝƚLJŝŶĐŽŵĞƉƌŽĚƵĐƚƐƵŶĚĞƌǁƌŝƚƚĞŶĂŶĚŝƐƐƵĞĚďLJĞƌŬƐŚŝƌĞ>ŝĨĞ/ŶƐƵƌĂŶĐĞŽŵƉĂŶLJŽĨŵĞƌŝĐĂ͕WŝƚƚƐĨŝĞůĚ͕D͕ĂǁŚŽůůLJŽǁŶĞĚƐƚŽĐŬƐƵďƐŝĚŝĂƌLJŽĨdŚĞ'ƵĂƌĚŝĂŶ >ŝĨĞ/ŶƐƵƌĂŶĐĞŽŵƉĂŶLJŽĨŵĞƌŝĐĂ;'ƵĂƌĚŝĂŶͿ͕EĞǁzŽƌŬ͕Ez͕ŽƌƉƌŽǀŝĚĞĚďLJ'ƵĂƌĚŝĂŶ͘WƌŽĚƵĐƚĂǀĂŝůĂďŝůŝƚLJ͕ƉƌŽǀŝƐŝŽŶƐĂŶĚĨĞĂƚƵƌĞƐŵĂLJǀĂƌLJĨƌŽŵƐƚĂƚĞƚŽƐƚĂƚĞ͘ President’s Message | Pam Bailey Lawyers and legislators do mix utside the air is crisp and cold. Th e snow is glistening lobbyists. Ed and Bruce are back again. Th e State Bar staff on the lawn. Everywhere you go there is excitement and our lobbyists keep track on a daily basis of what legislation Oand great anticipation of what will be. People are is in the works. Th e Executive Committee of the State Bar scurrying about. No, this is not a late Christmas message. holds weekly phone conferences with our staff and lobbyists Th is is Helena and the Montana legislature has begun its 63rd to discuss what action, if any, we need to take on behalf of our Legislative Session. profession regarding pending legislation. Th is session, almost three-fourths of the members of the As a mandatory bar association, members of the Executive House of Representatives have less than two years of legislative Committee must be mindful of the United States Supreme experience. In the Senate, 29 out of 50 members are in their Court’s decision in Keller v. State Bar of California, 496 U.S. 1 fi rst or second terms. In 2001, the State Bar of Montana in (1990). Under Keller, the State Bar is permitted to engage in conjunction with the Legislative Services Division and the activities related to the following: University of Montana School of Law began “Law School • Regulating the legal profession, for Legislators” which takes place at the beginning of each • Improving the quality of legal services, legislative session. Th is program was the brainchild of Past • Improving the courts, judicial effi cacy, and effi ciency, State Bar President, Ed Bartlett. • Increasing the availability of legal services to society, and, Only nine members of the current legislature are attorneys. • Promoting the education, ethics, competence, and Members of the Senate and House of Representatives come integrity of the legal profession. from all walks of life and have varied educational backgrounds. Th e State Bar is prohibited from engaging in activities In a few short hours, members of our profession attempt to having political or ideological coloration not reasonably related provide a crash course in the law to the people who are about to these criteria. Examples of approved lobbying activities to create the laws we will be both defending and challenging. would include legislation regarding funding for new judges, More importantly, these laws will govern our personal and salary increases for judicial staff , funding a judicial information professional lives. system, increasing salaries for government attorneys, funding Th is year, the Law School began with Todd Everts, Chief for new judicial positions and support for programs enhancing Legal Counsel and Code Commissioner for the Montana access to justice. Legislature, who gave an overview of the Legislative Legal In 1974 the Montana Supreme Court issued its Order Services Division. Next, Montana Supreme Court Justice Jim unifying the Montana State Bar. Th e Order sets forth its charge Rice, presented on the role of the courts. Anthony Johnstone, to the bar as follows: Assistant Professor at the University of Montana School of “Th e purposes of the Unifi ed Bar of Montana shall be to aid Law, lectured on separation of powers and constitutional the courts in maintaining and improving the administration law. Helena attorney, Mike Meloy, spoke on Open Records of justice; to foster and maintain on the part of those engaged law. Finally, John North, Chief Legal Counsel for the in the practice of law high standards of integrity, learning, Montana Department of Environmental Quality, presented on competence, public service, and conduct; to safeguard proper Administrative Law and rule making. All of the attorneys who professional interests of members of the bar; to encourage the presented volunteered their time. formation, maintenance, and activities of local bar associations; Th e legislators were given written materials by the to provide a forum for the discussion of and eff ective action presenters. Th e State Bar provided copies of the Montana concerning subjects pertaining to the practice of law, the Constitution and the State Bar Deskbooks. We off ered our science of jurisprudence and law reform and relations of the bar assistance to the legislators during their session. It was intense to the public; and to insure that the responsibilities of the legal few hours and a signifi cant amount of legal education was profession to the public are more eff ectively discharged.” digested. To say it was a daunting undertaking, would be an With the Supreme Court’s directives in mind, members understatement. At times,
Load more

Recommended publications
  • Sen. Dorothy Eck (D) Sen
    MINUTES MONTANA SENATE 55th LEGISLATURE - REGULAR SESSION COMMITTEE ON PUBLIC HEALTH, WELFARE, & SAFETY Call to Order: By CHAIRMAN STEVE BENEDICT, on January 10, 1997, at 1:00 PM, in Room 410. ROLL CALL Members Present: Sen. Steve Benedict, Chairman (R) Sen. Chris Christiaens (D) Sen. Bob DePratu (R) Sen. Dorothy Eck (D) Sen. Sharon Estrada (R) Sen. Eve Franklin (D) Sen. Fred Thomas (R) Members Excused: Sen. Larry L. Baer (R) Members Absent: Sen. James H. "Jim" Burnett, Vice Chairman (R) Staff Present: Susan Fox, Legislative Services Division Karolyn Simpson, Committee Secretary Please Note: These are summary minutes. Testimony and discussion are paraphrased and condensed. Committee Business Summary: Hearing(s) & Date(s) Posted: SB 8, SB 14, SB 23, 12/31/96 Executive Action: None {Tape: 1; Side: A; Approx. Time Count: 1:00 PM} Introductory Meeting & Procedures discussion: CHAIRMAN STEVE BENEDICT welcomed everyone and introduced the staff to the committee. He requested those who are testifying to (1) Sign in on the register, (2) Give written testimony to the Committee Secretary prior to the meeting, (3) Not read long testimony, but "hit the high points" and give the written text to the committee, (4) Coffee fund. He explained the procedures for the committees: (1) Quorum, (2) Proxies must be written, but must be date and bill/amendment specific. SENATOR CHRIS CHRISTIAENS voiced concern that amendments could change his vote on a bill. CHAIRMAN BENEDICT said if the proxy-holder feels uncomfortable voting on amendments, a request could be made to hold the vote open for another day. SENATOR FRED THOMAS made a motion for the vote to be held open if a proxy-holder does not feel comfortable voting on amendments.
    [Show full text]
  • MIKE Mcgrath Montana Attorney General MICHEAL S
    MIKE McGRATH Montana Attorney General MICHEAL S. WELLENSTEIN TAMMY K. PLUBELL Assistant Attorneys General 215 North Sanders P.O. Box 201401 Helena, MT 59620-1401 COUNSEL FOR STATE MONTANA FIFTEENTH JUDICIAL DISTRICT COURT, ROOSEVELT COUNTY STATE OF MONTANA, ) ) Cause No. 1068-C Plaintiff and Respondent, ) ) MEMORANDUM IN SUPPORT OF v. ) RESPONDENT’S MOTION TO ) DISMISS BARRY ALLEN BEACH’S BARRY ALLEN BEACH, ) PETITION FOR POSTCONVICTION ) RELIEF Defendant and Petitioner. ) ) The Attorney General of the State of Montana, on behalf of Respondent, State of Montana, submits the following Memorandum in Support of Respondent’s Motion to Dismiss Barry Allan Beach’s Petition for Postconviction Relief. INTRODUCTION The procedural history surrounding Beach’s case is epochal, involving proceedings in the Montana Supreme Court, federal district court, the Ninth Circuit Court of Appeals and the Montana Board of Pardons and Parole (the Board). Many of the postconviction claims he now raises in this Court were previously raised in one form or the other in the Montana Supreme Court, Federal Courts, and most recently before the Board during his clemency proceeding. As demonstrated below, the Montana Supreme Court, the Federal Courts and the Board have unifiedly rejected Beach’s claims, including his claim that he is actually innocent of the Nees homicide. As the procedural MEMORANDUM IN SUPPORT OF RESPONDENT’S MOTION TO DISMISS BARRY ALLEN BEACH’S PETITION FOR POSTCONVICTION RELIEF PAGE 1 history below reflects, Beach has been afforded every avenue to prove he should not be held accountable for the brutal murder of Kim Nees, and Beach has soundly failed at every juncture.
    [Show full text]
  • By Email Only April 28, 2020 the Honorable Charles T. Canady Chief
    By email only April 28, 2020 The Honorable Charles T. Canady Chief Justice The Supreme Court of Florida Dear Chief Justice Canady: We write today to ask you to issue guidance to the courts addressing the fines, fees, and court costs imposed in criminal, delinquency, and non criminal traffic cases. The impacts of COVID-19 public health crisis are, and will continue to be, unprecedented. As you commented in your March 24th video address, “The pandemic is now affecting everyone. We are living our lives in a ​ way that none of us would have contemplated a few short weeks ago. And none of us can count on things getting easier any time soon.” We agree - both short and long term solutions are ​ needed. There is an urgent need for guidance to the courts specifically relating to the financial implications of COVID-19 on those who owe court fines, fees, and costs. We know that families who were already struggling will be hit the hardest by the layoffs, wage cuts, and health issues stemming from the pandemic. They had difficulty paying fines and fees before the COVID-19 crisis, and their limited financial resources are now even more depleted. But they are not alone. Millions of Floridians are out of work and unable to meet their basic expenses. Mitigating the effects of COVID-19 is a high priority in the Florida State Courts System and addressing fines and fees must be included as part of the mitigation efforts. Given the current State of Emergency and the deepening economic impacts of the public health crisis in the state, including the substantial
    [Show full text]
  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
    Case 4:01-cv-01351-JST Document 3222 Filed 03/26/20 Page 1 of 6 1 DONALD SPECTER – 083925 MICHAEL W. BIEN – 096891 STEVEN FAMA – 099641 ERNEST GALVAN – 196065 2 ALISON HARDY – 135966 LISA ELLS – 243657 3 SARA NORMAN – 189536 JESSICA WINTER – 294237 RITA LOMIO – 254501 MARC J. SHINN-KRANTZ – 312968 4 MARGOT MENDELSON – 268583 CARA E. TRAPANI – 313411 PRISON LAW OFFICE ROSEN BIEN 5 1917 Fifth Street GALVAN & GRUNFELD LLP 6 Berkeley, California 94710-1916 101 Mission Street, Sixth Floor Telephone: (510) 280-2621 San Francisco, California 94105-1738 7 Telephone: (415) 433-6830 8 Attorneys for Plaintiffs 9 UNITED STATES DISTRICT COURTS 10 EASTERN DISTRICT OF CALIFORNIA 11 AND NORTHERN DISTRICT OF CALIFORNIA 12 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE 13 14 RALPH COLEMAN, et al., Case No. 2:90-CV-00520-KJM-DB 15 Plaintiffs, THREE JUDGE COURT 16 v. 17 GAVIN NEWSOM, et al., 18 Defendants. 19 MARCIANO PLATA, et al., Case No. C01-1351 JST 20 Plaintiffs, THREE JUDGE COURT 21 v. 22 PLAINTIFFS’ REQUEST FOR GAVIN NEWSOM, JUDICIAL NOTICE 23 Defendants. 24 25 26 27 28 PLAINTIFFS’ REQUEST FOR JUDICIAL NOTICE Case 4:01-cv-01351-JST Document 3222 Filed 03/26/20 Page 2 of 6 1 INTRODUCTION 2 Pursuant to Federal Rule of Evidence 201, and in connection with Plaintiffs’ 3 Emergency Motion to Modify the Population Reduction Order, Plaintiffs respectfully 4 request that the Court take judicial notice of the following orders and directives: 5 1. Advisory from Chief Justice Tani G.
    [Show full text]
  • Honorable Nathan L. Hecht Chief Justice of Texas PRESIDENT-ELECT
    Last Revised June 2021 PRESIDENT: Honorable Nathan L. Hecht Chief Justice of Texas PRESIDENT-ELECT: Honorable Paul A. Suttell Chief Justice of Rhode Island ALABAMA ARKANSAS Honorable Tom Parker Honorable John Dan Kemp Chief Justice Chief Justice Alabama Supreme Court Supreme Court of Arkansas 300 Dexter Avenue Justice Building Montgomery, AL 36104-3741 625 Marshall St. (334) 229-0600 FAX (334) 229-0535 Little Rock, AR 72201 (501) 682-6873 FAX (501) 683-4006 ALASKA CALIFORNIA Honorable Joel H. Bolger Chief Justice Honorable Tani G. Cantil-Sakauye Alaska Supreme Court Chief Justice 303 K Street, 5th Floor Supreme Court of California Anchorage, AK 99501 350 McAllister Street (907) 264-0633 FAX (907) 264-0632 San Francisco, CA 94102 (415) 865-7060 FAX (415) 865-7181 AMERICAN SAMOA COLORADO Honorable F. Michael Kruse Chief Justice Honorable Brian D. Boatright The High Court of American Samoa Chief Justice Courthouse, P.O. Box 309 Colorado Supreme Court Pago Pago, AS 96799 2 East 14th Avenue 011 (684) 633-1410 FAX 011 (684) 633-1318 Denver, CO 80203-2116 (720) 625-5410 FAX (720) 271-6124 ARIZONA CONNECTICUT Honorable Robert M. Brutinel Chief Justice Honorable Richard A. Robinson Arizona Supreme Court Chief Justice 1501 W. Washington Street, Suite 433 State of Connecticut Supreme Court Phoenix, AZ 85007-3222 231 Capitol Avenue (602) 452-3531 FAX (602) 452-3917 Hartford, CT 06106 (860) 757-2113 FAX (860) 757-2214 1 Last Revised June 2021 DELAWARE HAWAII Honorable Collins J. Seitz, Jr. Honorable Mark E. Recktenwald Chief Justice Chief Justice Supreme Court of Delaware Supreme Court of Hawaii The Renaissance Centre 417 South King Street 405 N.
    [Show full text]
  • August 6, 2020 Honorable Nathan L. Hecht President, Conference Of
    August 6, 2020 Honorable Nathan L. Hecht President, Conference of Chief Justices c/o Association and Conference Services 300 Newport Avenue Williamsburg, VA 23185-4147 RE: Bar Examinations and Lawyer Licensing During the COVID-19 Pandemic Dear Chief Justice Hecht: On behalf of the American Bar Association (ABA), the largest voluntary association of lawyers and legal professionals in the world, I write to urge the Conference of Chief Justices (CCJ) to prioritize the development of a national strategy for bar examinations and lawyer licensing for the thousands of men and women graduating law school during the COVID-19 pandemic. This is a temporary change and only as necessary to address the public health and safety issues presented during this crisis without closing the doors to our shared profession. In particular, we recommend that this national strategy urge each jurisdiction to cancel in-person bar examinations during the pandemic unless they can be administered in a safe manner; establish temporary measures to expeditiously license recent law school graduates and other bar applicants; and enact certain practices with respect to the administration of remote bar examinations. We appreciate that some jurisdictions may have already taken some action, such as modifying the bar examination dates or setting or temporarily modifying their admission or practice rules. But the failure of all jurisdictions to take appropriate action presents a crisis for the future of the legal profession that will only cascade into future years. Earlier this week, the ABA House of Delegates discussed this important subject and heard from many different stakeholders within the legal profession, including concerns from the National Conference of Bar Examiners.
    [Show full text]
  • Civic Education Administrative Directives
    Civic Education Administrative Directives 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • [email protected] Advancing civic learning with administrative authority By Brady Delander and Maria Millard June 2014 Legislating civics education initiatives can be an arduous process that takes time and resources, and requires buy-in from various stakeholders. Some state officials – including superintendents of public education and chief justices – have used their authority to more quickly advance civics education initiatives and programs without legislation. California and Montana, through the leadership of their state judiciaries and superintendents of public instruction, have taken steps to expand civics education through administrative directives. Such directives may be an expedited way to implement civics initiatives, though the challenge then becomes finding ways to sustain them. The California Task Force on K-12 Civic Learning is a combined effort of California Chief Justice Tani G. Cantil-Sakauye and State Superintendent of Public Instruction Tom Torlakson, with funding from the California Bar Association. Among its many charges, the task force made recommendations intended to improve overall civic skills and dispositions in the state. In Montana, Superintendent of Public Instruction Denise Juneau’s Civic Education Institute offered two days of professional development to every secondary social studies and civics teacher in the state, bringing in national experts to highlight and explain the top resources available. This report provides an overview of those efforts. Key Takeaways Civic efforts in California and Montana are led by administrative directives. Initiatives from administrative directives can be more quickly advanced but may not be sustained with a new administration.
    [Show full text]
  • Politics of Judicial Elections 2015 16
    THE POLITICS OF JUDICIAL ELECTIONS 201516 Who Pays for Judicial Races? By Alicia Bannon, Cathleen Lisk, and Peter Hardin With Douglas Keith, Laila Robbins, Eric Velasco, Denise Roth Barber, and Linda Casey Brennan Center for Justice at New York University School of Law National Institute on Money and State Politics CONTENTS Introduction 1 Chapter One: Supreme Court Election Spending Reaches New Heights 4 Spending Overview: 2015-16 Supreme Court Election Cycle 4 Notable Trends: Secret Money and Record Outside Spending 7 Profiled Races: What Factors Contribute to High-Cost Elections? 12 The Bigger Picture: Big Money Races Leave A Mark On A Majority of Elected Courts 15 State Courts as Political Targets 19 Chapter Two: A Closer Look at Interest Groups 21 Overview 21 The Transparency Problem 22 Wisconsin’s Weak Recusal Standards Undermine Fair Courts 26 The Major Players 27 A Parallel Problem: Dark Money and Judicial Nominations 30 Chapter 3: Television Ads and the Politicization of Supreme Court Races 32 Overview 32 A More Pervasive Negative Tone 33 Ad Themes 36 Ad Spotlight 38 Conclusion 40 Appendix 42 IV CONTENTS LIST OF FIGURES Introduction Chapter One Estimated Spending on State Supreme Court Races, 2015-16 5 Number of Judges Elected in $1 Million-Plus Elections by Cycle 6 State Supreme Court Election Spending by Cycle (2016 Dollars) 8 Outside Spending by Interest Groups (2016 Dollars) 9 Spending Breakdown for 2015-16 Supreme Court Races 9 Contributions to Candidates by Sector, 2015-16 11 Top 10 Candidate Fundraisers, 2015-16 11 The Rise of Million Dollar Courts 16 Million Dollar Courts in 2016 17 Chapter Two Top 10 Outside Spenders and Secret Money, 2015-16 23 Outside Group Spending: Dark, Gray, and Transparent Money, 2015-16 24 States with Unreported Outside Spending, 2015-16 25 Chapter 3 Total TV Spending, 2015-16 33 Number of Television Ad Spots by Cycle 34 Total TV Spending by Cycle (2016 Dollars) 34 Ad Tone Analysis: Groups vs.
    [Show full text]
  • 2016 State Supreme Courtelections
    1 2016 State Supreme Court Elections # of Seats Date of Date of Available # of Primary General Type of for Contested # of Names of Primary Election Names of General Election State Election Election Election Election Seats Candidates Candidates Candidates Contested Partisan and Nonpartisan Elections Position 1: Michael F. "Mike" Bolin, Republican* Position 2: Position 3: Kelli Wise, Republican* Donna J. Beaulieu, Republican Position 3: AL Mar. 1, 2016 Nov. 8, 2016 Partisan 3 0 4 Tom Parker, Republican* Tom Parker, Republican* Chief Justice Seat: Courtney Goodson* Dan Kemp Position 5: No Primary Clark W. Mason AR Election Mar. 1, 2016 Nonpartisan 2 2 4 Not Applicable Shawn. A. Womack No General GA May 24, 2016 Election Nonpartisan 1 0 1 David Nahmias* Not Applicable Seat 1: Seat 1: Roger S. Burdick* Roger S. Burdick* Seat 2: Seat 2: Robyn Brody Robyn Brody Sergio A. Gutierrez Curt McKenzie Curt McKenzie ID May 17, 2016 Nov. 8, 2016 Nonpartisan 2 1 5 Clive J. Strong No Primary Larry VanMeter KY Election Nov. 8, 2016 Nonpartisan 1 1 2 Not Applicable Glenn Acree *—Incumbent Gray—Uncontested general election for all seats Green —Election has passed Bold—Winner 2 # of Seats Date of Date of Available # of Primary General Type of for Contested # of Names of Primary Election Names of General Election State Election Election Election Election Seats Candidates Candidates Candidates 3rd District Justice Marilyn Castle, Republican James “Jimmy” Genovese, Republican No General 4th District Judge LA Nov. 8, 2016 Election Partisan 2 1 3 Marcus Clark, Republican* Not Applicable Nonpartisan (candidates are Seat 1: nominated David Viviano, Republican* through a Doug Dern, Natural Law partisan Party process and Frank Szymanski, Democrat elected in a Seat 2: nonpartisan Joan Larsen, Republican* No Primary general Kerry Morgan, Liberal MI Election Nov.
    [Show full text]
  • 2008 May Montana Lawyer
    May 2008 THE MONTANA Volume 33, No. 8 LawyerTHE STATE BAR OF MONTANA Gender fairness It’s time to shape up our behavior with the opposite sex, commission says UM’s Montana The candidates’ Constitution profiles document project A look at who’s running for chief justice & attorney general THE MONTANA LAWYER MAY INDEX 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. Phone Cover Story (406) 442-7660; Fax (406) 442-7763. E-mail: [email protected] The final Gender Fairness Report 5 STATE BAR OFFICERS President John C. “Jock “ Schulte, Missoula Features President-Elect Chris Tweeten, Helena New water-rights disclosures start July 1 8 Secretary-Treasurer Joseph Sullivan, Great Falls Dean Eck named to IRS oversight board 8 Immediate Past President Peggy Probasco, Butte Candidates for state’s top legal positions Chair of the Board Cynthia K. Smith, Missoula Chief justice of the Supreme Court 9 Board of Trustees Attorney general 10 Pam Bailey, Billings Carl Borgquist, Bozeman Montana Constitution project at UM 14 Vicki W. Dunaway, Billings Gale Gustafson, Conrad Negotiation Theory: Turning weak into strong 26 Peter L. Helland, Glasgow Jason Holden, Great Falls The Low Income Taxpayer Clinic 29 Thomas Keegan, Helena Jane Mersen, Bozeman The Legal Writer: More legalisms to avoid 40 Mark D. Parker, Billings Ryan Rusche, Wolf Point Ann Shea, Butte Cynthia Smith, Missoula Commentary Randall Snyder, Bigfork Bruce Spencer, Helena K. Paul Stahl, Helena President’s Message: Why are we lawyers? 4 Shane Vannatta, Missoula Tammy Wyatt-Shaw, Missoula ABA president on the death-penalty process 36 ABA Delegates Damon L.
    [Show full text]
  • Examples of Other Emergency Measures
    Case 2:90-cv-00520-KJM-DB Document 6532-1 Filed 03/26/20 Page 1 of 159 Exhibit 1 Case 2:90-cv-00520-KJM-DB Document 6532-1 Filed 03/26/20 Page 2 of 159 Source: https://newsroom.courts.ca.gov/news/california-chief-justice-issues-second- advisory-on-emergency-relief-measures (accessed March 26, 2020) CALIFORNIA COURTS NEWSROOM News Release CHIEF JUSTICE CANTIL-SAKAUYE | SUPERIOR COURTS | COVID-19 California Chief Justice Issues Second Advisory on Emergency Relief Measures March 20, 2020 Contact: Peter Allen 415-865-7740 California Chief Justice Tani Cantil-Sakauye issued new guidance to the state's superior courts on Friday to mitigate some of the health risks to judicial officers, court staff, and court users during the COVID-19 pandemic. In California, unlike other states, presiding judges of county superior courts may petition the Chief Justice—as chair of the Judicial Council—for an emergency order. (So far, the Chief Justice has signed emergency orders for nearly all of California's 58 counties, available to the public here). Under Gov. Gavin Newsom's executive order to shelter in place, courts are considered "essential services" that must still provide services to the public. "I am deeply concerned about the disruption and hardships caused by the COVID-19 crisis and I have applied and will continue to apply all the constitutional and statutory powers of my office to minimize these unprecedented problems," Cantil-Sakauye said. In Friday's advisory, Cantil-Sakauye urged court officials to consider the following measures. "These actions can be taken immediately to protect constitutional and due process rights of court users.
    [Show full text]
  • WORST of the SUPREMES • BELLEVUE THEATER RENOVATION VOLUME 24 No 11 NOVEMBER 2018
    WORST OF THE SUPREMES • BELLEVUE THEATER RENOVATION VOLUME 24 No 11 NOVEMBER 2018 R 1978-2018 Kaity died on October 23, five days after celebrating her fortieth birthday. She was many things—both conven- Kaspertional and unconventional—to many people. Her style of dress and the persona she cast could have an edginess to it. But she was also a lawyer, a brilliant woman, who had the ability to study things in minute detail. That ability to focus, and to learn as much as possible about a subject, guided her on a spiritual journey. Along that route she survived cancer twice, beating all odds, confounding her doctors. And Kaity also spoke directly to God, and He to her. continued on page 12 A REGIONAL MAGAZINE SERVING GREATER RICHMOND NORTH OF THE JAMES www.northofthejames.com My Outdoor Project Let Victor Make Your Outdoor Project, His Outdoor Project HARDSCAPING patios, walkways, raised beds, stairs LANDSCAPING no job too large, or too small CUSTOM-FENCING and MULCHING Contact VICTOR AYALA master mason and landscaper 804 912 9789 [email protected] 2 NORTH OF thE JAMES maGAZINE • November 2018 TABLE of CONTENTS 4 COLUMN Art Fifteenth Annual Ginter Park Show At LGRA; Art Clearance Sale at Studio Art 1229; New Works by R. Sawan White at Eric Schindler Gallery 6 FEATURE The Weekend Backpack Ministry So No Kid Goes Hungry A local Northside congregation decided to guarantee that children would have enough food to tide them over on weekends. Ginter Park Baptist Church partnered with Ginter Park Elementary School and created The Weekend Backpack Ministry.
    [Show full text]