Montana State Bar of Montana December-January 2017-18 Lawyer Vol. 43, No. 3 Program is building a network of guardians Also in this edition > Montana Supreme Court orders creation of > Remembering longtime Montana Bankruptcy Asbestos Claims Court Chief Judge John L. ‘Jack’ Peterson > 3 nominated for Supreme Court justice seat > Newly redesigned Bar website launches 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, 33 S. Last Chance Gulch, Suite , P.O. Box 577, Helena MT 59624. 406-442- 7660; Fax 406-442-7763. INDEX Email: [email protected] State Bar Officers December 2017 President Leslie Halligan, Missoula President-Elect Eric Nord, Billings Feature Stories Secretary-Treasurer Commission nominates 3 for Supreme Court seat ..........................8 Jason Holden, Great Falls Immediate Past President Supreme Court orders creation of Asbestos Claims Court ......... 12 Bruce M. Spencer, Helena Bar launches redesigned website ....................................................... 14 Chair of the Board Juli Pierce, Billings Program aims to build network for guardianship cases ............. 16 Board of Trustees Attorneys’ reflections on Judge Peterson ........................................ 18 Elizabeth Brennan, Missoula Brian C. Smith, Missoula David Steele, Missoula An estate planner on turning 50 .......................................................... 22 Kaylan Minor, Dillon Ryan Hennen, Kalispell Fastcase Bytes ............................................................................................. 24 Channing Hartelius, Great Falls Paul Haffeman, Great Falls Kent Sipe, Roundup Mike Talia, Helena Regular Features Kate Ellis, Helena J. Stuart Segrest, Helena Member News ...............................................................................................4 Christopher Gray, Bozeman Lynda White, Bozeman Court news/orders .................................................................................... 12 Shane P. Coleman, Billings Ben T. Sather, Billings State Bar News ............................................................................................ 13 Juli Pierce, Billings News of Note............................................................................................... 14 ABA Delegates Damon L. Gannett, Billings CLE .................................................................................................................. 14 Shane Vannatta, Missoula Eli Patten, Billings In Memoriam ............................................................................................... 26 Montana Lawyer Staff Job Postings/Classifieds .......................................................................... 30 Publisher | Christopher L. Manos Editor | Joe Menden 406-447-2200; fax: 442-7763 email: [email protected] Subscriptions are a benefit of State Bar From the cover membership. Tim and Priscilla Murphy, and their son, Benjamin, of Missoula, are among the families with special-needs kids who Montana lawyers Advertising rates are available upon have helped guide through guardianship cases. A new program request. Statements and expressions of opinion appearing herein are those of the conceived by Montana attorneys aims to make build a network advertisers or authors and do not neces- of lawyers who can do the same for families in desperate need of sarily reflect the views of the State Bar of help. See page 16 to learn more. Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 December 2017 President’s Message | President Leslie Halligan ‘Season of Service’ at the Bar closing for executive director December brings leadership changes to the State Bar, as Executive Director Chris Manos retires from his position after 16 years of service. As State Bar president, I have become more aware of the magnitude of the demands that Chris has managed during his tenure, challenges that incoming Executive Director John Mudd will face beginning in January 2018. Chris has reflected The Honorable Leslie Halligan of Missoula is Chris has met the demands of his position with keen that his tenure at the a 4th Judicial District intellect, good judgment, diligence, and significant energy. State Bar has been judge. Before her ap- Furthermore, he has always displayed integrity and profes- pointment as district sionalism in dealing with the challenges of working with just one “season of judge, she served as many strong personalities, diverse constituencies and a standing master in ever-changing “bosses” (the Supreme Court, the changing service” that has fol- the 4th Judicial District presidents, diverse Boards of Trustees) and on projects and as a deputy county lowed other seasons attorney in Missoula that shape the legal profession amid constantly emerg- of service, including County. ing changes to the practice and delivery of legal services. Regarding retirement, Chris has reflected that his tenure at his military service the State Bar has been just one “season of service” that has and service to the followed other seasons of service, including his military service and service to the legal profession in the private legal profession in and public sectors. I hope you will join me in thanking the private and pub- Chris for his many contributions and his devoted service. As the calendar year closes, I encourage you to take lic sectors. I hope time to reflect on the contributions that others have made you will join me in to enrich your life, both personally and professionally. Whether these may be the life lessons that you received thanking Chris for from family members, the kindnesses of colleagues with his many contribu- whom you work, the friend or neighbor who helps you in a time of need or simply offers a random act of kindness, tions and his devot- or a mentor who has demonstrated just what it means to ed service. “live” a profession of service. And then, I challenge you to chart your own plan of service. It may be the best gift that you can give to yourself. Best wishes for peace during the holidays and joy in the new year. www.montanabar.org Page 3 Member and Montana News HONORS selected as a member of the National she relocated to Jackson, Wyoming, and Trial Team and competed in two regional joined a boutique transactions firm where Gaitis named College of competitions as an attorney. She was later she specialized in real estate and corpo- Commercial Arbitrators awarded the International Academy of rate transactional law. Trial Lawyers Student Advocacy Award. Faller joined Farve & Brown Law Distinguished Fellow Throughout law school, she volunteered as an associate in September 2017. James M. Gaitis of Polebridge, her time as a hearing officer for the Her practice focuses on real estate and Montana has once again reprised his Missoula Housing Authority. During corporate matters, as well as water law. role as editor-in-chief of “The College of her second year of law school, she ac- Mimi has extensive experience assisting Commercial Arbitrators Guide to Best cepted an internship position with Stack clients in corporate matters, employ- Practices in Commercial Arbitration,” & Kottke and completed her clinic with ment matters, licensing, commercial and the substantially expanded 4th edition the Montana Office of the State Public residential lease review and negotiations, of which was released for publication in Defender. and all matters related to real estate. October 2017. Rogers is admitted to practice in Mimi is licensed to practice in Idaho and At the CCA’s 2017 Montana state court and the United Wyoming, and her Montana license is annual meeting in States District Court for the District of currently pending. October, Mr. Gaitis Montana. Her primary area of practice You can reach her at mimi@ spoke on a panel will be criminal defense. You may contact farvebrownlaw.com or at 406-219-0073. discussion relating to her at 406-284-1860 or abigail@stackand- emergency arbitrators kottke.com. Silverman Law Office welcomes in U.S.-based domes- 3 attorneys in Helena, Bozeman tic and international Faller joins as new associate arbitrations. At the at Farve & Brown Law Silverman Law Office has announced college’s formal din- the addition of three new attorneys at its Gaitis ner that evening, he The law firm of Farve & Brown Law, offices in Helena and Bozeman. was honored for his PLLC, is proud to announce Mimi Faller, Joseph Passamani decided to re- outstanding contributions to the field who joins the firm as a new associate. turn to his small-town roots in the of commercial arbitration by being the Farve & Brown is a boutique law firm Mountain West after living and work- first individual in the 17-year history specializing in land and water law. Faller ing as an attorney in Florida for several of the college to be awarded the title of will be specializing in real estate, cor- years. Passamani joined Silverman Law Distinguished Fellow of the College of porate transactional law and water law Office because of its team and customer Commercial Arbitrators. and is currently working in the firm’s service approach in representing clients. Bozeman office. Passamani is excited to become part of NAMES & FACES Faller grew up in Coeur d’Alene, the Helena community, where he can Idaho, and at- use his estate planning, transactional, Stack & Kottke welcomes tended college at tax and real estate background to help Rogers as new associate the University of Montanans achieve their personal,