Montana Supreme Court Decisions
Seven justices serve on the Montana Supreme Court, which reviews appeals directly from district courts. There is no intermediate appellate court in the state. The Supreme Court also reviews appeals from the workers’ compensation and water courts. It must review any case that is appealed from any of these courts. In other words, it does not have discretion to decide whether to review a case. The Montana Supreme Court also holds original jurisdiction over writs of habeas corpus and cases that have not yet reached the district courts in which the dispute is entirely legal rather than factual. It has a constitutional mandate to oversee the operations of lower courts in the state. The Court must issue each of its decisions in writing, and any justice who dissents from the decision must issue a written dissenting opinion.
Each justice on the Supreme Court serves an eight-year term. A candidate to serve on the Court must be a U.S. citizen who has been a resident of Montana for at least two years. They also must have been admitted to practice law in Montana for at least five years. While they are serving on the Supreme Court, they must continue to reside in Montana. Candidates run in a general non-partisan election, and a justice may run for reelection when their term expires. If no opponent challenges the reelection of a justice, they will need to win a retention election to stay on the Court.
The Governor of Montana may appoint an interim justice if a vacancy arises in the middle of a term. This process starts when the Montana Judicial Nominating Commission provides the Governor with a list of three to five nominees. The Governor has 30 days to choose a nominee from this list, or otherwise the Chief Justice of the Supreme Court will make the decision. The Montana Senate must confirm the appointment. The interim justice then must run in the next general election after they have been appointed to stay on the Court.
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Recent Decisions From the Montana Supreme Court
Date: March 18, 2024
Citation: 2024 MT 54
Docket Number: OP 24-0052
Justia Opinion Summary: In this case, petitioners Montanans Securing Reproductive Rights and Samuel Dickman, M.D., sought a declaratory judgment on original jurisdiction against the Montana Attorney General and the Montana Secretary of State.…
Date: March 12, 2024
Citation: 2024 MT 49
Docket Number: DA 21-0476
Justia Opinion Summary: This case involves an appeal against a judgment from the Montana Eighteenth Judicial District Court, Gallatin County, which committed the appellant, G.M., into the custody and care of the Montana State Hospital (MSH) for…
Date: March 12, 2024
Citation: 2024 MT 47
Docket Number: DA 22-0512
Justia Opinion Summary: The case involves Michael Goguen, an engineer and businessman, who was the subject of two civil suits alleging sexual and criminal misconduct. The New York Post published an article detailing these lawsuits, which Goguen…
Date: March 12, 2024
Citation: 2024 MT 50
Docket Number: DA 23-0300
Justia Opinion Summary: The Supreme Court of the State of Montana was presiding over a dispute regarding the reimbursement claim of Angela Mastrovito from the Estate of Rebekah Barsotti. Mastrovito, the mother of the deceased Rebekah Barsotti,…
Date: March 12, 2024
Citation: 2024 MT 48
Docket Number: DA 23-0319
Justia Opinion Summary: The Supreme Court of the State of Montana affirmed a lower court decision that granted Dr. Gregory S. Tierney's motion to dismiss a medical malpractice lawsuit filed by Janice M. Dodds for insufficient service of…
Date: March 5, 2024
Citation: 2024 MT 42
Docket Number: DA 22-0030
Justia Opinion Summary: The case involves an appeal from a defendant, Christopher Michael Welch, who was convicted of attempted incest, incest, sexual abuse of children, and unlawful restraint. Welch began dating the mother of three daughters…
Date: March 5, 2024
Citation: 2024 MT 45N
Docket Number: DA 23-0281
Date: February 27, 2024
Citation: 2024 MT 39
Docket Number: DA 22-0486
Justia Opinion Summary: In a dispute arising from a failed subdivision in Missoula County, Montana, a group of property purchasers, led by Gilbert and Judith Johnston, claimed that Flying S Title and Escrow, Inc., breached a purported contract…
Date: February 27, 2024
Citation: 2024 MT 37
Docket Number: DA 22-0547
Justia Opinion Summary: The Supreme Court of Montana overturned the conviction of Daniel Christopher Rowe for sexual assault, a felony. Rowe was initially charged with the offense for multiple instances of abuse that allegedly took place over…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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