OPEN MEETINGS: Sub-quorum recess meeting of House Judiciary Committee not violative of open meeting laws… Menahan affirmed. [Read more…]
Legislative subpoenas, rehearing of quashing denied
LEGISLATIVE SUBPOENAS: Rehearing denied of opinion quashing legislative subpoenas stemming from MJA poll pertaining to SB 140… order. [Read more…]
Legislative subpoenas to Court Administrator quashed
LEGISLATIVE SUBPOENAS to Court Administrator stemming from MJA poll pertaining to SB 140 quashed as not serving a valid legislative purpose and overbroad… opinion & order. [Read more…]
Appellate disqualification, Rule of Necessity
APPELLATE DISQUALIFICATION: Rule of Necessity invoked to deny Legislature’s motion to disqualify Supreme Court Justices in test of Legislature’s power to issue investigative subpoenas in connection with alleged misconduct by Judiciary involving MJA poll relating to SB 140… disqualification would apply to every judge and justice in Montana, leaving no judge to adjudicate… opinion & order. [Read more…]
Taxes, religious school credit
TAXES: Religious schools tax credit violates Art. X §6. . . DOR exceeded rulemaking authority in attempting to cure constitutional deficiency. . . Ulbricht reversed. [Read more…]
Discrimination, same-sex couples
DISCRIMINATION: General challenge of denial of protections/benefits to same-sex couples that are available to different-sex married couples rejected as overly broad, but Plaintiffs allowed to amend to challenge specific statutes… Sherlock affirmed, reversed. [Read more…]