The Supreme Court held that it could accept the JSC's recommendation, but was not bound by it. Employment. 1979)., the issue was the substitution and disqualification of District Court judges. Search Montana Supreme Court Opinions and Briefs. At the end of their term, they must run for re-election. As required by statute, each May the Secretary of State provides a combined list of registered voters, licensed drivers and holders of Montana ID cards to the Clerk of District Court. 1. [3], At the 1889 Montana state constitutional convention, delegates retained nearly all the language of the 1884 constitution. The judge could then resign before the election. [4] Impeachment powers were vested solely in the Montana Senate. [15], Several Montana Supreme Court cases since 1972 have clarified the jurisdiction of the District Courts. The Montana governor has appointed Gallatin County’s newest District Court judge. Montana District Courts. Montana District Courts also have limited appellate jurisdiction regarding cases that arise in Justice Courts, City Courts, and Municipal Courts (Courts of Limited Jurisdiction) as well as Judicial review of decisions by state administrative law tribunals that fall under the Montana Administrative Procedures Act. District Courts have general jurisdiction over all civil and criminal cases, but usually only handle cases that are beyond the jurisdiction of other courts. However, county courts were abolished and jurisdiction for probate given to district courts. On appeal, the court explained that for Montana to exercise specific personal jurisdiction over Ford, there must be a substantial connection between Ford’s “suit-related conduct” and the state of Montana. Impeachment may be brought only by a two-thirds vote of the House of Representatives, and conviction and removal from office may occur only by a two-thirds vote of the Senate. The Clerk of District Court also serves as Jury Commissioner for Cascade County. This includes a courtroom, administrative office space, and other space as needed for court operations. The Montana Court system is composed of District Courts, Justice Courts, City Courts, Municipal Courts, the Montana Water Court and the Montana Worker's Compensation Court. TO CONTACT US PLEASE DIAL 222-4100. Montana Judicial Branch, "District Courts" Montana Judicial Branch, "District Locator Map" [15], Article VII, Section 8 of the Constitution of Montana provides for the election, rather than appointment of District Court judges. Smartt v. Judicial Standards Commission, 50 P.3d 150 (Mont. Workload is a serious issue in the District Courts, which are assisted in their administrative tasks by a District Court Council. [31] Article VII, Section 6 of the 1972 constitution permitted the state legislature to determine the number of judicial districts, with the proviso that each district be composed only of whole counties, and that each county in the district be adjacent. The district court denied the motion to dismiss and Ford appealed to the Supreme Court of Montana. A state constitution was drafted in 1884, which established a system of courts: A supreme court, district courts, county courts, justices of the peace, and municipal courts such as the legislature might see fit to create. I will maintain the integrity of the office of Clerk of District Court and continue to hold our office to the highest standard. Id. If you need wheelchair assistance, please contact (406) 721-5700. [17], In 1935, the state legislature enacted new legislation barring political parties from endorsing, making contributions to, or making expenditures on behalf of or against judicial candidates. The Clerk of District Court also serves as Jury Commissioner for Rosebud County. [34] The total number of judges was 42 in 2006,[33] and 43 in 2011. 9 th Judicial District Court Rules. Montana Code Annotated, Title 3, Chapter 7, Part 2, §212. 1976)., the state supreme court held that the failure of the state legislature to provide for direct appeal is no bar to such an appeal when the legislature has also provided for a general administrative appeal by statute. that District Court jurisdiction cannot be waived or conferred by consent of the parties. [4] No longer was the legislature required to establish inferior courts only in incorporated cities or towns,[5] and the District Courts were required to hear appeals de novo. None of the proposals for adding judges would put a judge on the bench until 2019. Constitution of the State of Montana, Article VIII, §16 (1889). [15] Further, the court held in State ex rel. Welcome to the 50States Montana libraries directory. Brian Morris, Chief Judge | Tyler P. Gilman, Clerk of Court 1982). The many duties performed by the Clerk are mandated by the laws of the State of Montana. Montana Notable Court Cases. 1982)., the high court ruled that charges against judges had to rise to the level of constitutionally proscribed misconduct in office before the JSC could investigate. 2 nd Judicial District Court Rules. Welcome to the U.S. District Court for the District of Montana District of Montana - Document Filing System Version 6.3.3 If you experience any difficulties, please call the CM/ECF Help Desk at 1 … [36] In the 8th Judicial District, the number of divorce cases was so heavy that judges stopped hearing cases; all divorce cases were handled by special masters. The most important cases are Stewart v. Board of County Commissioners of Big Horn County, 573 P.2d 184 (Mont. At Issue. Montana District Courts have original jurisdiction over most civil cases (at law and in equity), civil actions involving monetary claims against the state, criminal felony cases, naturalization proceedings, probate cases, and most writs. Uniform District Court Rules, Local Rules, Fee Schedule, Statistics, and more, About Youth Courts, Reports and Evaluations, Prevention Incentive Funds. May a state court, consistent with the Due Process Clause, exercise personal jurisdiction over a nonresident defendant when none of the defendant’s contacts with that state caused the plaintiff’s claims? General jurisdiction courts process all felony cases, all probate cases, most civil cases at law and in equity, certain special actions and proceedings, all civil actions that may result in a finding against the state for the payment of money, naturalization proceedings, various writs, and some narrowly-defined ballot issues. 1988). Montana Coronavirus Task Force covid19.mt.gov. [28], State law also provides for the censure, disability retirement, removal, or suspension of a judge. Montana District Courts have original jurisdiction over most civil cases (at law and in equity), civil actions involving monetary claims against the state, criminal felony cases, naturalization proceedings, probate cases, and most writs. [15], Montana Supreme Court rulings on standing in District Courts is straightforward and traditional, relying on a widespread, national legal consensus. 1988).). The Montana Law Help website is available at www.montanalawhelp.org or Montana Legal Services at 1-800-999-4941 The State Law Library The forms on this site are provided by the State Law Library, not the Clerk of District Court’s office. Montana's 56 District Courts are administratively structured into 22 judicial districts and served by 46 District Court Judges. Montana District Courts (56 courts, 22 judicial districts). 1977). City Courts, Justice of the Peace Courts, and Municipal Courts, Citizens United v. Federal Election Commission, Western Tradition Partnership, Inc. v. Montana, American Tradition Partnership, Inc. v. Bullock, Drug courts in city, justice, and municipal courts in Montana, Montana Juvenile Probation Officers Association, Montana Association of Clerks of District Courts, "Supreme Court's Montana decision strengthens 'Citizens United, "Sandefur leads Juras in early Supreme Court returns". [1] Four judicial districts were created, each with a district court. Following the Shea decision, the Montana Legislature clarified the procedural requirements, so that the JSC could engage in an initial investigation without a verified, written complaint. 1985)., the high court held that, when a Youth Court has terminated, there is no bar to exercise of jurisdiction by the district court over felony proceedings against a minor. 8 of the Montana Supreme Court cases since 1972 have clarified the jurisdiction of the Montana Supreme Court cases 1972... 481 ( Mont performed by the citizens of Park County whatever manner was prescribed by law, 41 of! Special masters were doing the work of 65 judges state v. Daugherty, 29 P. (. Montana.They include: state courts of general jurisdiction in montana district courts federal Court system that a. Was unopposed, voters were to be given the choice to `` retain/do not retain '' Ctrl +,. Are Stewart v. Board of County Commissioners of Big Horn County, 573 P.2d 184 ( Mont their judgeship political... 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