POLITICAL CONTRIBUTIONS: Wrong standard applied for permanently enjoining enforcement of Montana’s restrictions on contributions, must be tested under more restrictive Citizens United test… Lovell reversed. [Read more…]
Securities, churchman’s solar panel scheme
SECURITIES: Sufficient evidence that churchman failed to register as securities salesperson and failed to register a security in connection with solar panel scheme that fleeced disabled vet of $150,000… fraudulent practices conviction reversed because of instruction based on definition not in effect at the time… instruction on “willfully” did not create strict liability offense, 10 years all but 90 days suspended proper… $150,000 restitution proper despite acquittal of theft… Tucker affirmed, reversed. [Read more…]
Judicial standards, complaint disclosure, contempt
JUDICIAL STANDARDS COMMISSION preliminarily enjoined from contempt proceedings if Plaintiff discloses complaint against Judge and letter notifying of dismissal… Christensen. [Read more…]
Initiative, I-170, disputed fiscal statement
INITIATIVE: 11th-hour petition to revise I-170 fiscal statement rejected… order. [Read more…]
Redistricting, holdover senators amendment
REDISTRICTING: Challenges to assignment of 2 holdover senators properly rejected… Menahan affirmed. [Read more…]
Elections, judicial endorsements/expenditures
ELECTIONS: Montana permanently enjoined from enforcing ban on endorsements and expenditures supporting or opposing a judicial candidate, not the ban on contributions… nunc pro tunc order following 9th Circuit clarification… Lovell. [Read more…]
Elections, political party judicial endorsements
ELECTIONS: Briefs requested on en banc call of Panel ruling that MCA 13-35-231 ban on political party endorsements of judicial candidates is unconstitutional under 1st Amendment… order. [Read more…]
Elections, political party judicial endorsements
ELECTIONS: §13-35-231 ban on political party endorsements of judicial candidates unconstitutional under 1st Amendment on its face, State enjoined forthwith from enforcing it or otherwise interfering with a [Read more…]
Preliminary injunction, judicial endorsement
PRELIMINARY INJUNCTION: Stay pending appeal in judicial political endorsement case denied… Lovell. [Read more…]
Elections, political endorsements, judge candidates
ELECTIONS: Political committee’s challenge of §13-35-231 prohibition against endorsing judicial candidates (so it can transform nonpartisan elections into partisan elections and attack “left-leaning state judges”) unlikely to succeed on merits given present factual record, preliminary [Read more…]