Blodgett v. Missoula JP Court
Annotate this CasePetitioner Emily Blodgett petitioned the Supreme Court for a Writ of Supervisory Control alleging that the Missoula County Justice Court violated sections 3-10-231 through -234, MCA; Article VII Sections 1 and 5 of the Montana Constitution, and several of the Court's prior decisions when it allowed a retired district court judge to preside over her jury trial. Petitioner contended that the presiding justice of the peace improperly called the judge to preside over the case even though the justice was present in her court but otherwise involved with another case. Finding that though the retired judge was qualified by his training and experience to act as a substitute justice of the peace, he was not one at the time he presided over Petitioner's trial because the statutory procedures to vested him with the power to perform judicial functions as a substitute justice of the peace had not been followed. Consequently, any purported judicial acts performed by the judge in this case were void ab initio. The Supreme Court granted Petitioner's request for a Writ of Supervisory Control and held that Petitioner's jury trial was void ab initio. The case was remanded for further proceedings.
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