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: November 19, 2024
Citation: 2024 MT 271
Docket Number: DA 21-0565
Justia Opinion Summary: David Stanley was convicted in the Montana Eighteenth Judicial District Court, Gallatin County, for felony criminal possession of methamphetamine. Stanley appealed, arguing that the District Court erred in denying his…
Date: November 19, 2024
Citation: 2024 MT 274
Docket Number: DA 23-0571
Justia Opinion Summary: In 2018, Robert Spoklie purchased land neighboring the property of the Paul Phillip Bardos and Mary L. Bardos Revocable Trust (Bardos) near Kalispell, Montana. Spoklie divided his land into smaller parcels for…
Date: November 19, 2024
Citation: 2024 MT 273
Docket Number: DA 23-0632
Justia Opinion Summary: David Rodman Ash petitioned to dissolve his marriage with Bree Elliot in September 2022. The Eleventh Judicial District Court, Flathead County, issued a decree dissolving the marriage and dividing the marital property on…
Date: November 19, 2024
Citation: 2024 MT 272
Docket Number: DA 23-0712
Justia Opinion Summary: The case involves the Parrot Ditch Company (PDC) and its four water rights in the Jefferson River. PDC delivers water to its shareholders through the Parrot Ditch, which runs parallel to the Jefferson River in Basin 41G.…
Date: November 12, 2024
Citation: 2024 MT 264
Docket Number: DA 23-0504
Justia Opinion Summary: D.A. Davidson & Co. initiated an interpleader action to resolve a dispute over funds held in an investment account for Whitefish Masonic Lodge 64. The Grand Lodge of Ancient Free and Accepted Masons of Montana revoked…
Date: November 12, 2024
Citation: 2024 MT 270
Docket Number: DA 23-0560
Justia Opinion Summary: Laura Marie Obert, a former Broadwater County Commissioner, was investigated by the Montana Department of Justice Division of Criminal Investigation (DCI) in 2015 for allegedly receiving unlawful overtime pay and…
Date: November 12, 2024
Citation: 2024 MT 267N
Docket Number: DA 23-0647
Date: November 12, 2024
Citation: 2024 MT 266N
Docket Number: DA 24-0146
Date: November 6, 2024
Citation: 2024 MT 255
Docket Numbers: DA 22-0071, DA 22-0083
Justia Opinion Summary: Wes Lee Whitaker was convicted by a jury of sexual intercourse without consent (SIWC), incest, and sexual assault. The case involved allegations that Whitaker sexually abused his stepdaughter, L.M., who was a young child…
Date: November 6, 2024
Citation: 2024 MT 253
Docket Number: DA 22-0084
Justia Opinion Summary: In this case, Billy Lee Henderson appealed the denial of his petition for postconviction relief from his 2019 conviction for Aggravated Sexual Intercourse Without Consent (SIWC). The conviction stemmed from a series of…
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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