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2005 Annual Report a Message from Chief Justice Karla M
Montana’s Judicial Branch 2005 Annual Report A message from Chief Justice Karla M. Gray 2005 was a year of accomplishments and challenges for Montana’s Judiciary. On the personal side, 2005 marked a milestone for me - the start of my 15th year of service on the Supreme Court and my 5th year as Chief Justice. In those years, I have found much to be proud of in Montana’s court system, and 2005 is no exception. Judges continued to face daunting and increasingly complex caseloads at all levels. I can say with great pride that judges and their staffs at all levels meet these demands head on with a keen awareness of how much we owe to the public we serve. Our citizens are well served by such dedicated public servants. In many ways, 2005 was a watershed year for the state court system. For the first time since the state assumed funding of the District Courts, the Judiciary presented a legislative package that articulated the real needs in Montana trial courts. Very quickly – more so than I would have anticipated – the court system emerged from the chaos that surrounded state assumption with a unifed focus on what the Judicial Branch needs to meet our constitutional duties to the citizens of Montana. The 2005 Legislature’s creation of the state Office of the Public Defender ultimately will focus court activities back to core judicial tasks. This new office will remove the payment of indigent defense costs from the Judicial Branch and place it under an independent commission. This cost has been the single biggest budget challenge facing the court system. -
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 -
Per-Unit and Per-Transaction Expenditures in the Montana Criminal Justice System
154221 u.s. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. POints oi view or opinrons stated in this document are those of the '3uthors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this & !if material has been granted by Public Ibrnain/aJP!BJS u.s. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system reql'ires permission of the _owner. PER-UNIT AND PER-TRANSACTION EXPENDITURES IN THE MONTANA CRThflNAL JUSTICE SYSTEM by David E. Olson for the Montana Board of Crime Control June 1993 MONTANA BOARD OF CRIME CONTROL This project was supported by Grant #91-BJ-CX-K024, awarded by the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. - -~---.-----------' ACKNOWLEDGMENTS The author would like to thank the Montana Board of Crime Control for making this study possible. In addition, without the assistance provided by the staff of the Montana Board of Crime Control, the Montana Department of Commerce, the Montana Department of Corrections and Human Services, and the Montana Supreme Court Administrator's Office, this report would not have been possible. The author would also like to thank those who reviewed drafts of this report, especially Ed Hall and Lowie, Roger K. Przybylski for assisting in the collection, analysis, and interpretation of the data, and Bob Liffring for helping coordinate data collection and site visits to Montana. ABOUT THE AUTIIOR David Olson is currently the Director of the Illinois Criminal Justice Information Authority's Information Resource Center. -
2007 June/July Montana Lawyer
June / July 2007 THE MONTANA Volume 32, No. 9 LawyerTHE STATE BAR OF MONTANA Couple Montana’s married 11 times overloaded in 21 district minutes in courts Kalispell (Hint: Study finds state they’re proxies) needs up to 13 more judges Remembering A model pro bono policy the works for law firms of Jack Judge Shanstrom’s close call Dietrich with a lightning strike THE MONTANA LAWYER JUNE / JULY 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 (406) COVER STORY 442-7660; Fax (406) 442-7763. E-mail: [email protected] District Court workload study finds overload 5 STATE BAR OFFICERS President EATURES Peggy Probasco, Butte F President-Elect John C. “Jock “ Schulte, Missoula Legislature approves court budget 6 Secretary-Treasurer Chris Tweeten, Helena Other court-watched measures 6 Immediate Past President Bernard McCarthy, Whitehall Now there are five AG candidates 7 Chair of the Board Cynthia K. Smith, Missoula Memorial to Jack Dietrich 8 Board of Trustees Ethics Opinion: confidential information 9 Pam Bailey, Billings Lawyers must follow inner compasses 22 Carl Borgquist, Bozeman Vicki W. Dunaway, Billings Judge Shanstrom’s near miss with lightning 25 Gale Gustafson, Conrad Peter L. Helland, Glasgow Books & Bytes: Law Library’s advanced search 27 Thomas Keegan, Helena Daniel N. McLean, Helena Negotiation Theory: the ethics of negotiation 28 Jane Mersen, Bozeman Mark D. Parker, Billings Marriage by proxy booming in Montana 32 Ryan Rusche, Wolf Point Ann Shea, Butte Cynthia Smith, Missoula Randall Snyder, Bigfork COMMENTARY K. -
2014 October Montana Lawyer
Montana State Bar of Montana LawyerOctober 2014 | Vol. 40, No. 1 HIGH-STAKES CASE Annual Meeting features high court arguments on $52M verdict Also in this edition: > Coverage of Access to Justice issues for National Pro Bono Week PRO BONO of the State Bar of Montana • Profiles of winners of the Neil Haight Pro Bono Award and WEEK OCT. 1925 the Karla M. Gray Equal Justice Award • Thank your from Montana Legal Services Association to pro bono attorneys • Profiles of several Montana Access to Justice organizations 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 October 2014 President Mark D. Parker, Billings President-Elect Matthew Thiel, Missoula Feature Stories Secretary-Treasurer Evidence Corner: Mental Health Provider Priveleges .....................8 Bruce M. Spencer, Helena Immediate Past President State Bar Annual Meeting Coverage .................................................. 14 Randall Snyder, Bigfork Neil Haight Pro Bono Award: Pam Poon ........................................... 18 Chair of the Board Leslie Halligan, Missoula Karla M. Gray Equal Justice Award: Mike McGrath ........................ 19 Board of Trustees More National Pro Bono Week coverage ....................................20-21 Marybeth Sampsel, Kalispell Elizabeth Brennan, Missoula Leslie Shoquist, Missoula Tammy Wyatt-Shaw, -
November 2008 Mt Lawyer.Qxp
November 2008 THE MONTANA Volume 34, No. 3 LawyerTHE STATE BAR OF MONTANA Election aftermath The transition gets a jumpstart Court orders: On being white enough 90-day public comment An incendiary new period for the history of race in the Bar dues hike workplace & courtroom See details on Page 11 INSIDE: THE 2009 DESKBOOK ORDER FORM THE MONTANA LAWYER NOVEMBER 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 Election Aftermath STATE BAR OFFICERS McGrath, Bullock in transition mode 5 President Chris Tweeten, Missoula Possible names for U.S. attorney, marshal 5 President-Elect Cynthia K. Smith, Missoula Seeley is newest district judge 6 Secretary-Treasurer Joseph Sullivan, Great Falls Immediate Past President John C. “Jock” Schulte, Missoula Features Chair of the Board Shane Vannatta, Missoula Mortgage relief and other tax breaks 7 Board of Trustees Public defenders in revolt 9 Pam Bailey, Billings Darcy Crum, Great Falls Gazette seeks discipline-rule amendment 10 Vicki W. Dunaway, Billings Peter L. Helland, Glasgow Economic-relief rule threatens IOLTA 15 Jason Holden, Great Falls Thomas Keegan, Helena Search committee for new law dean 21 Jane Mersen, Bozeman Mark D. Parker, Billings Book Review: A history of race in the courtroom 22 Ryan Rusche, Wolf Point Ann Shea, Butte Legal Writing: Time to ban Elizabethan English 26 Randall Snyder, Bigfork Bruce Spencer, Helena K. Paul Stahl, Helena Matthew Thiel, Missoula Commentary Shane Vannatta, Missoula Lynda White, Bozeman President’s Message: Dues, deans & holidays 4 Tammy Wyatt-Shaw, Missoula ABA Delegate Damon L. -
Administering Justice in Montana's Rural Courts John C
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Montana School of Law Montana Law Review Volume 70 Article 1 Issue 2 Summer 2009 7-2009 Administering Justice in Montana's Rural Courts John C. McKeon Judge, Montana District Court David G. Rice Judge, Montana District Court Follow this and additional works at: https://scholarship.law.umt.edu/mlr Recommended Citation John C. McKeon and David G. Rice, Administering Justice in Montana's Rural Courts, 70 Mont. L. Rev. 201 (2009). Available at: https://scholarship.law.umt.edu/mlr/vol70/iss2/1 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. McKeon and Rice: Montana's Rural Courts ARTICLES ADMINISTERING JUSTICE IN MONTANA'S RURAL COURTS Hon. John C. McKeon* and Hon. David G. Rice** A young mother sits among the prospective jurors holding her baby. When I inquire about hardships, she explains that she truly cares about our judicial system and wants to do her civic duty but that her mother just broke her wrist and she had no other childcare options. In another matter, an eld- erly juror shuffles forward to the bench and explains that he hitchhiked the 40 miles to court and he has no ride home. The foregoing is a typical scenario in Montana's rural courts. The district courts located in Montana's more rural areas deal primarily with respectful populations that greatly appreciate the judicial branch. -
Sunny Skies — for Now Oks Transit Facility Contracts by Sam Klomhaus Enterprise Staff Writer
☛ ☛ NTERPRISEt h e l i v i n g s t o n E Tuesday, May 18, 2021 •Livingston,Montana•Vol.115 No.106 $1.00 County Sunny skies — for now OKs transit facility contracts By Sam Klomhaus Enterprise Staff Writer The Park County Commissioners approved Tuesday the contracts for con- struction of a transit facility at the Park County Fairgrounds. Edman Builders of Fort Collins, Colo- rado has been contracted as the con- struction manager for the project and Slate Architecture, of Helena, is the architect. The facility will serve as a bus barn for Windrider Transit’s buses, and will allow the county to do maintenance on larger vehicles. Park County received a $700,000 grant, with no match requirement, from the Montana Department of Transporta- tion through the Coronavirus Aid, Relief, and Economic Security (CARES) Act for the project. The construction contract includes a guaranteed maxi- mum price for the project of $600,000. The new transit facility will measure approximately 5,568 square feet, according to the contract, and will house the county’s buses. Plans call for the facility to include three bays, one wash bay with a wash curtain, a conference/training room, bathrooms, three offices, a break room, a storage/copy supply room and a mez- zanine for storage. Construction on the facility is slated Enterprise photo by Sam Klomhaus to begin July 9 and wrap up by the end The sun beams down on Paradise Valley just south of Livingston Tuesday afternoon. The pleasant weather will change, as the National Weath- of 2021. -
Indiana Court Reform Study: a Survey of State Practices
Indiana Court Reform Study: A Survey of State Practices Center for Urban Policy and the Environment IU School of Public and Environmental Affairs IU School of Law—Indianapolis Program on Law and State Government August 2010 This report was produced by the Center for Urban Policy and the Environment (CUPE) in cooperation with IU School of Law Indianapolis Program on Law and State Government (PLSG). Authors Jamie Palmer, CUPE Cynthia A. Baker, PLSG Elliott McKinnis, PLSG Research Assistance Kevin Whited, CUPE Caitlyn Krenz, CUPE Jackie Landess, PLSG Technical Review, Editing, and Layout John L. Krauss, CUPE Tami Barreto, CUPE Debbie Wyeth, CUPE Indiana Court Reform Study: A Survey of State Practices July 2010 10-C22 List of Tables ...................................................................................................................................................... iii List of Appendix Tables ........................................................................................................................................ iv Introduction ....................................................................................................................................................... 1 History of Court Reform in Indiana ......................................................................................................................... 3 Research Methodology ........................................................................................................................................ 8 State Research ................................................................................................................................................ -
State of Montana Assessment of the Impaired Driving Program
STATE OF MONTANA Assessment of the IMPAIRED DRIVING PROGRAM May 5-10, 2013 National Highway Traffic Safety Administration Assessment Team Susan N. Bryant Judge Linda L. Chezem Darrell Fisher Judge Joseph Thomas Flies-Away Robert P. Lillis Joan L. Vecchi 1 TABLE OF CONTENTS ACKNOWLEDGEMENTS ............................................... Error! Bookmark not defined. INTRODUCTION ............................................................. Error! Bookmark not defined. BACKGROUND ................................................................. Error! Bookmark not defined. PRIORITY RECOMMENDATIONS................................... Error! Bookmark not defined. MONTANA IMPAIRED DRIVING PROGRAM I. Program Management and Strategic Planning .............. Error! Bookmark not defined. A. State and Tribal DWI Task Forces or Commissions Error! Bookmark not defined. B. Strategic Planning .................................................................................................... 15 C. Program Management .............................................................................................. 19 D. Resources ................................................................................................................. 24 II. Prevention .................................................................................................................... 31 A. Responsible Alcohol Service ................................................................................... 31 B. Community-Based Programs .................................................................................. -
Montana District Court Judicial Weighted Caseload Study, 2014
Montana District Court Judicial Weighted Caseload Study, 2014 Final Report October 2014 Court Consulting Division National Center for State Courts State Justice SJI Institute Montana District Court Judicial Weighted Caseload Study, 2014 Final Report, October 2014 Acknowledgments The authors wish to acknowledge the invaluable contributions of the Montana District Court Judges in this weighted caseload study. An undertaking of this nature requires the assistance of the informed and dedicated members of the Montana judiciary Project Staff who gave their valuable time to this project. Suzanne Tallarico Over the course of this study, we were fortunate to John Douglas work with a distinguished advisory committee that Erika Friess was instrumental in refining the approach and content in our assessment. The Judicial Needs Assessment Committee (JNAC) was comprised of National Center for State Courts the District Court Judges from across the state, a Court Consulting Division Clerk of Court and staff from the Office of the Court Daniel J. Hall, Vice President Administrator (OCA). We extend a special note of thanks Beth McLaughlin, Supreme Court Administrator for her ongoing availability and behind-the-scenes assistance throughout this project. Judicial Workload Assessment Advisory Committee State Hon. Greg Todd (13 th Judicial District); Hon. John Justice McKeon (17th Judicial District); Hon. Dirk Sandefur SJI (8th Judicial District); Hon. Jon Oldenburg (10 th Institute Judicial District); Hon. John Larson (4th Judicial District, Lori Maloney, Clerk of Court, Butte-Silver Bow; and Beth McLaughlin, Supreme Court Administrator. This document has been prepared under an agreement between the National Center for State Courts and the Supreme Court of Montana pursuant to grant number SJI- 14-T-021 from the State Justice Institute. -
BNSF V. Asbestos Claims Court, 2020 MT 59
03/11/2020 OP 19-0085 IN THE SUPREME COURT OF THE STATE OF MONTANA 2020 MT 59 BNSF RAILWAY COMPANY, Petitioner, v. THE ASBESTOS CLAIMS COURT OF THE STATE OF MONTANA, HONORABLE AMY EDDY, Presiding Judge, Respondent. ORIGINAL PROCEEDING: Petition for Writ of Supervisory Control District Court of the Nineteenth Judicial District, In and For the County of Lincoln, Cause No. AC 17-0694 Honorable Amy Eddy, Presiding Judge COUNSEL OF RECORD: For Petitioner: Dale Schowengerdt (argued), Crowley Fleck PLLP, Helena Montana Steven R. Milch, Crowley Fleck PLLP, Billings, Montana Jim Roberts, Chad Knight, Anthony Nicastro, Nadia Patrick, Knight Nicastro, LLC, Kansas City, Missouri For Plaintiffs: Roger Sullivan (argued) Ethan Welder, Jennifer Jeresek Mariman, McGarvey, Heberling, Sullivan & Lacy, P.C., Kalispell, Montana For Amicus Montana Trial Lawyers Association: Michael D. Cok (argued), Cok Kinzler, PLLP, Bozeman, Montana Argued and Submitted: October 30, 2019 Decided: March 11, 2020 Filed: __________________________________________q3,,---, 6mal•-.— 4f Clerk 2 Justice Jim Rice delivered the Opinion of the Court. ¶1 This matter comes before the Court after we assumed supervisory control over proceedings pending before the Montana Asbestos Claims Court (Asbestos Court) in In re Asbestos Litigation, Consolidated Case No. AC-17-0694, as applicable to Barnes, et. al. v. State of Montana, et. al., Cause No. DV-16-111, Montana Nineteenth Judicial District Court, Lincoln County. We now address on extraordinary review BNSF Railway Company’s (BNSF) contention that the Asbestos Court erred in granting partial summary judgment in favor of Plaintiffs on the issues of preemption, strict liability, and non-party affirmative defenses. We affirm in part, reverse in part, and remand for further proceedings.