Montana Law Week

The Weekly Digest of Montana Law

Judge substitution, SB 41 random v. “hand-picked”

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JUDGE SUBSTITUTION: Whether Best was properly assigned jurisdiction under SB 41 (requiring random rather than “hand-picked” selection) should be decided before the merits of the underlying challenge to the Governor’s appointment of a former legislature to head a department are determined… (Order). [Read more…]

Gubernatorial privilege, Agency Bill Monitoring forms

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GUBERNATORIAL PRIVILEGE: Judge erred in finding that Montana law does not recognize any form of gubernatorial privilege but correctly determined that Governor’s assertions of privilege as to Agency Bill Monitoring forms were subject to in camera review… Seeley reversed, affirmed. [Read more…]

Abortion, HB 575, HB 721, preliminary injunction

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ABORTION: Preliminary injunction enjoining HB 575 and HB 721 affirmed… Menahan affirmed. [Read more…]

Abortion, HB 544, HB 862, preliminary injunction

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ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]

Private AG fees, challenge of SB 319 enactment

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PRIVATE AG FEES: Opinion holding that private AG fees were improperly denied in challenge of SB 319 enactment withdrawn, replaced with opinion clarifying that Court will not declare a statute invalid merely for Legislature’s failure to observe its own rules… petition for rehearing otherwise denied… Order. [Read more…]