The Montana citizen’s

Published by the State Bar of Montana, with help from Montana attorneys,judges, state officials, and a generous grant from Humanities Montana

City Courts � Municipal Courts � Justice of the Peace Courts

State District Courts � Montana Supreme Court

U.S. District Court for Montana � U.S. Bankruptcy Court

9th Circuit Court of Appeals � U.S. Supreme Court

and other state and federal courts

Helping the public navigate through . . .

Guide to the Courts

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How is government set up? 1

What courts do 1

Types of law 2Civil law 2Criminal law 2

How courts are set up 2

Montana court system 2

Local courts 3Justices of the peace 3Justice courts of record 3City courts 3Municipal courts 3Small claims courts 4

State district courts 4

Montana Supreme Court 4

Specialty state courts 5Youth courts 5Drug courts 5Water Court 5Workers’ Compensation Court 6

Where Montana courts are located 6

Your right to a trial by jury 7Your obligations for jury duty 7

Federal court system 7

U.S. district courts 8U.S. circuit courts of appeals 8Magistrate judges 8Bankruptcy courts 8U.S. Supreme Court 9

Law on Indian reservations 9

Adminstrative law 10

Administrative rules 10Appealing an administrative rule 10Administrative hearings 10

Judges and attorneys 11

How to become a judge 11Judges’ rights & responsibilities 11

Attorneys & the State Bar of Montana 11How to become an attorney 11Attorney rights & responsibilities 12How attorneys are held accountable 12

Unauthorized practice of law 12

Montana’s Self-Help Law Program 12

Settling differences out of court 13

Mediation 13Arbitration 13

Appendix I: Legal Resource Guide 14

Appendix II: Self-Help Law sites 15

Appendix III: Montana Supreme CourtCommissions 15

GraphicsChart of Montana court structure 3Map of Montana judicial districts 18

CCoonntteennttss

How is government set up?In Montana, the state government is modeled

after the federal government. Both have threebranches:

� The legislative branch is made up of Congressat the federal level and the Montana Legislature atthe state level. The legislative branch makes laws.

� The executive branch is headed by thePresident at the federal level and the Governor atthe state level. The executive branch carries out thelaws passed by the legislative branch.

� The judicial branch is the court system. Thejudicial branch decides what the laws mean and howthe laws should be applied to a given set of facts.

Each branch has certain powers and can controlsome aspects of the other branches’ powers. Eachbranch has limits on what it can and cannot do.

The three branches create a constitutional systemknown as checks and balances. This means that,although each branch is formally separate from theother two, the state and federal constitutions requirecooperation and establish a certain tension amongthe branches. These checks and balances are meantto ensure that no single branch ever gains too muchpower.

Federal laws, for example, are passed by Congressand signed by the President. Montana state laws arepassed by the Montana Legislature and signed bythe Governor. The judicial branches of federal andstate government have the authority to decide the

constitutionality of laws and resolve other disputes,but the judicial branch depends upon the executivebranch to enforce court decisions.

The executive (President or Governor) can vetolaws that a legislative body passes, but the legislativebranch can override a veto with a two-thirds majori-ty vote. Even if the legislative and executive branch-es agree on a law, the courts may decide that it vio-lates either the Montana or the United States consti-tution.

What do courts do?Without courts, we would have no way to protect

our rights and freedoms. A court settles disputes brought before it. It

decides – using evidence brought to a judge or jury,or both – what happened and who was responsible:Did John Smith turn left in front of Jane Black caus-ing the accident, or did she run the red light?Courts also decide if someone committed a crimeand what his punishment should be: Did TedSanderson steal his neighbor’s tools?

A court listens to each side’s evidence and

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A Guide to Montana CourtsThe courts can become involved in many aspects of a person’s life. You could encounter a legal

problem at work, at home, with family, or in the outside community. The United States and Montanaconstitutions give people rights and freedoms. Sometimes the only way that you can protect yourrights is by going to court. It is also important to know that some problems are not legal, and do notbelong in court.

This guide for the Montana public explains how the courts and legal system work in our state. Italso discusses some ways that problems can be solved outside of court. We hope that this guide willhelp Montanans better understand how to use the Montana Court system, as well as appreciate itsrole in our community.

This guide is merely a starting point. There is, of course, much more to learn. The resource guideon the last pages of this book lists resources on the Internet as well as book resources and contactinformation for agencies.

arguments. This is called the adversarial process.Once the court has heard each side’s case, it deter-mines what actually happened. The court thenapplies the law and constitution to the facts in orderto make its decision.

What are the types of law?

Civil lawCivil law deals with conflicts between individual

entities, sometimes with money at stake, as opposedto criminal acts that affect society as a whole andmay result in imprisonment.

A civil case starts when a person, organization,business, or governmental entity files a complaintclaiming that another person or organization failedto carry out a legal obligation.

There are several different types of cases that fallunder civil law, including tort claims (lawsuits),administrative law, contracts, elder law, family law,estates, and property law. Civil law remedies mayinclude the payment of money by one side to theother, or a requirement that one side specificallyperform a task it is deemed legally obligated to per-form.

Criminal lawCriminal law exists to protect society as a whole.

This is because criminal acts not only harm the indi-vidual people who are victimized, but also harm thecommunity.

There are two general categories of crime: misde-meanors and felonies.

Misdemeanors areconsidered less seriousoffenses, although theconsequences of con-viction can be quitesevere. In Montana,most misdemeanorsare punishable by amaximum fine of $500and/or up to sixmonths in jail.However, there aresome misdemeanorswhere the punishmentis greater. Other possi-ble punishments

include, but are not limited to, loss of a driver'slicense, hunting license, or professional license,community service, probation, education courses,counseling, or chemical dependency treatment.

Felonies are more serious crimes with more seri-ous punishments than misdemeanors. Felonies are

crimes where a person can be sentenced to

prison for more than one year. Some examples offelonies include murder, arson, and rape.

Both state and the federal governments have lawsthat define certain acts, such as murder, as a crime.Some common criminal laws include DUI (drivingunder the influence), MIP (minors in possession ofalcohol or tobacco), and traffic tickets. In these defi-nitions of criminal acts, they specify certain kinds ofpunishment that can be applied if a person commitsone of these acts.

The state, through a prosecutor such as a countyattorney, makes allegations (charges) against anindividual of committing a crime. If a person is avictim of a crime, that person might be a witness forthe prosecution in a criminal case. The victim doesnot prosecute the criminal case and does not havethe right to decide if the state will prosecute thecriminal. However, in some cases, the victim mayalso have grounds for a civil action against the per-son or be entitled to restitution as part of a convict-ed person’s sentence.

For more information on criminal law, see:

www.expertlaw.com/library/criminal/criminal_charges.html

How are the courts set up?In Montana there are both state and federal

courts. Federal courts are established by the UnitedStates Constitution and the U.S. Congress. Statecourts are established by the Montana Constitutionand the Montana Legislature.

Before a court can hear a case, or “exercise itsjurisdiction,” certain conditions must be met. First,under the Constitution, federal courts exercise only“judicial” powers. This means that federal judgesmay interpret the law only through the resolution ofactual legal disputes, referred to in Article III of theConstitution as “Cases or Controversies.” A courtcannot attempt to correct a problem on its own ini-tiative, or to answer a hypothetical legal question.

Montana court systemThe Montana Supreme Court, state district

courts, and courts of limited jurisdiction make upthe basic structure of the Montana judicial system.It is overseen by the Montana Supreme Court,administered by the state Court Administrator’sOffice, and funded by the Legislature. There arealso specialty courts that decide specific types ofissues. And, there are certain problems that can beresolved by administrative tribunals (hearing offi-cers) that act in the same fact-finding role as a regu-lar trial court.

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A tribal court system operates on each ofMontana’s seven Indian reservations; it reflects thetribe’s sovereignty and is not part of the Montanacourt system.

Trial courts hear evidence and decide the facts ofthe case. Appellate courts decide appeals of trialcourt decisions on legal questions, or questions thatinvolve interpretation of a law.

In explaining each level of court in the Montanasystem, we start with the local level and work up tothe Supreme Court level.

Local courtsMost Montanans will encounter the Montana

court system through a city- or county-based court oflimited jurisdiction.

Courts of limited jurisdiction are part of the statecourt system, but can handle only a limited type ofcase. The courts of limited jurisdiction in Montanaare:

� Justices of the peace (62 in Montana; some jus-tice courts handle cases for nearby towns). Justicesof the peace do not have to be lawyers, and they areelected unless appointed to fill a vacancy. No tran-scripts are kept of justice court proceeding

� Justice courts of record (3 in Montana). Thesame as justice courts, except that transcripts arekept of court proceedings. There are five judges whoserve in justice courts of record – two in Cascade

County, one in Lewis & ClarkCounty, and two in FlatheadCounty. The county determines ifa justice court will be a court ofrecord.

� City courts (81). City courtshandle cases dealing with violationof city ordinances and amounts upto $5,000. City court judges donot have to be lawyers. They mayeither be elected or appointed,depending on the city.

� Municipal courts (5).Municipal courts’ jurisdiction cor-responds with state district courtjurisdiction, and municipal courtsdo not handle cases dealing withcity ordinances. Municipal courtscan handle disputes involving upto $7,000. Applications for searchwarrants and complaints chargingthe commission of a felony may befiled in municipal court.

The municipal court judge hasthe same jurisdiction and responsibility as a justiceof the peace, including holding preliminary hearings.The city attorney may initiate proceedings charging afelony if the offense was committed within the citylimits, but the county attorney takes charge of theaction if information is filed in district court.

Municipal court judges must be lawyers, and areelected unless appointed to fill a vacated position.

Judges in courts of limited jurisdiction serve forfour-year terms.

Although there are some differences, justice, city,and municipal courts operate on roughly the samelevel as one another. They all have jurisdiction overmisdemeanor criminal cases, fish and game viola-tions, and ordinance violations. They also handlecivil cases for money damages involving amounts upto $7,000 and orders of protection. For cases involv-ing youths, they handle only minor in possession ofalcohol or tobacco, gambling, fish and game, andtraffic offenses.

The total caseload of justice of the peace courts isnearly 10 times greater than that of state districtcourts.

Usually, courts of limited jurisdiction are notcourts of record. This means that there is no record-ing, either by a court reporter or digitally, of thehearings. But, municipal courts and justice courts ofrecord are courts of record, and court proceedingsare recorded.

Trials can be decided by a judge or a jury in

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MMOONNTTAANNAA CCOOUURRTT SSTTRRUUCCTTUURREE

SUPREME COURTServes both as an appellate court (court of review) and as a court of original

jurisdiction. Supervisory control over all state courts.

cases can be appealed to

WATER COURTLimited to

adjudication ofexisting water

rights.No jury trials.

DISTRICT COURTJurisdiction includes criminal, tort,

contract, and property rights; exclusivejurisdiction in domestic relations, mental

health, estate, civil appeals,and miscellaneous civil cases.

WORKERS’COMPENSATION

COURTCaseload limited toworkers’ compen-sation disputes.No jury trials.

cases can be reheard by

CITY COURTGenerally the

same jurisdictionas Justice Court,but also includingcity-related cases.

JUSTICE OF THE PEACE COURT

At least one per county. Jurisdiction overcivil matters involving less than $5,000,

small claims of less than $3,000,misdemeanor DUI, traffic cases

and preliminary hearings.

MUNICIPAL COURTSame jurisdiction as

Justice Court, butjudge must meetqualifications of a

District Court judge.

courts of limited jurisdiction. The right to a trial byjury is guaranteed in the U.S. and Montana constitu-tions. You may demand a jury trial in most types ofcases; there are some types of cases, including par-enting plans and bankruptcy where you cannot havea jury trial. Some juries, such as for misdemeanors,are made up of six jurors, and some, such as forfelonies, are made up of 12 jurors.

Small claims courtsSmall claims courts, usually handled by justices

of the peace, are a quick and informal way to resolvedisputes over small amounts of personal property ormoney. Small claims involve disputes about moneyor property valued up to $3,000. Juries and lawyersare not necessary and the Rules of Evidence do nothave to be followed.

For rules on the courts of limited jurisdiction, see http://mon-tanacourts.org/library/mt_law.asp#work_court.

For information on small claims court, or instructions onhow to bring small claims, seehttp://montanacourts.org/library/topics/civ_forms.asp#scf.

State district courtsDistrict courts cover more territory than city or

justice courts – several counties each – and handle“bigger” cases.

Montana is divided into 22 judicial districts, with56 district judges. District judges are elected for six-year terms by registered voters in each district, innon-partisan elections.

District courts are courts of general jurisdiction,meaning they handle all types of cases not specifical-

ly reserved to another court. As trial courts,they handle criminal cases, where an individ-

ual is charged with a felony, and most types of civilcases, including probate and divorce cases. Districtcourts handle all cases where the State of Montanais sued.

A district court trial verdict can be handed downeither by a judge or a jury. (For details on the jury-selection process, see Page 7).

District courts can also handle small claims casesand can act as appeals courts by handling appealsfrom the courts of limited jurisdiction and adminis-trative judges.

Individuals who bring cases in district court mustcomply with several different types of rules. Theseinclude the Rules of Criminal Procedure, Rules ofCivil Procedure, and the Uniform District CourtRules. In addition, every judicial district has it ownlocal court rules.

For information on Montana district courts and for local dis-trict court rules, see http://montancourts.org.

Montana Supreme CourtThe Montana Supreme Court is made up of the

chief justice and six associate justices. Justices areelected for eight-year terms and must be licensed topractice law in Montana.

The Montana Supreme Court has both originaland appellate jurisdiction.

Appellate jurisdiction is when the Supreme Courtreceives cases that have already been decided bylower courts. If a party believes that the lowercourt’s decision was wrong, unconstitutional, orunfair, an appeal can be made to the MontanaSupreme Court.

Original jurisdiction is when the court hears acase for the first time, as opposed to hearing a casethat has already been tried by a lower court. TheSupreme Court has original jurisdiction in limitedtypes of cases, such as when an inmate requests tobe released from prison while waiting for his trial.Original jurisdiction is also used by the SupremeCourt when it wants to take supervisory control overa district court case that has not been decided. TheSupreme Court may exercise original jurisdiction ina case that has not been through a district court ifthe case does not involve facts, but instead is a ques-tion about a law or the constitution. A recent exam-ple of the Supreme Court exercising original juris-diction was a case involving a challenge to judges’term limits. The Supreme Court also has the powerto order a lower court or the government to dosomething.

The Supreme Court makes rules for all Montanacourt procedures, including how to submit paper-work, how to schedule hearings, and how hearingsand trials will proceed. A court may be governed byseveral different sets of rules. The Supreme Court,

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Jefferson County Courthouse in Boulder, Montana

trial courts, and specialty courts all follow differentcourt rules. The Court also regulates Montana attor-neys. (Also see Supreme Court Commissions onPage 15.)

For information on the Montana Supreme Court Rules, see

http://montanacourts.org

Specialty state courts

Courts that decide specific types of issues are calledspecialty courts:

Youth courtsYouth courts handle the majority of cases where a

juvenile is a party. Under the direction of the dis-trict court judge, the youthcourt staff manages all caseswhere a youth is charged withan offense under the MontanaYouth Court Act.

There are 22 youth courts inMontana, one in each of the 22judicial districts. Youth courtstaff includes a chief probationofficer in each district, juvenileprobation officers, and supportstaff.

Youth courts work under arestorative justice model

where youths are held accountable for criminalbehavior while also receiving appropriate services toassist them in developing necessary life skills.

Youth courts work hard to reduce the number ofout-of-home placements of youths. Many youthcourts have created early intervention programs tar-geting youths at high risk of committing crimes.These early intervention programs assist in reducingthe number of out-of-home placements and allowyouths to be treated and served within their homecommunities.

Juveniles usually enter the juvenile justice systemthrough contact with law enforcement, althoughthey may be referred to juvenile probation by otheragencies and parents. Juvenile probation is an inte-gral part of the youth court. Most referrals to the

youth court’s juvenile probation office are in theform of a ticket accompanied by a report from lawenforcement. Youth court may handle any referralexcept traffic and fish and game violations.

Youths referred to probation must appear in frontof the juvenile probation officer with a parent orguardian to answer the allegations against them.Most youths will never see the youth court judge andwill work solely through the youth court juvenileprobation officer to resolve the ticket in what isreferred to as the informal process.

If the referral moves forward to the county attor-ney and a petition is filed on the charges that theyoung person is being accused of, the youth willappear before the youth court judge in the formalprocess. Approximately 25 percent of the youthsreferred to juvenile probation each year are handledformally.

Young people who are found guilty of a crime canbe punished with fees, mandatory community serv-ice, drug testing, and/or placement in an institutionsuch as a drug treatment faculty or therapeuticgroup home. The goal of youth court is to find waysto help youths and society by effectively workingwith young people when they enter the judicial sys-tem.

For more information, visit http://montanacourts.org/dcourt/youth_court/default.asp and see the reference guide in theback of this book.

Drug courtsDrug courts are created to address adult, youth,

and family alcohol and drug dependency issues.Drug courts are found in both district courts andcourts of limited jurisdiction. There are adult, fami-ly, drunk driving, and juvenile drug courts. In 2009,there were 20 such courts in Montana.

Drug courts require clients to enroll in treatmentprograms, provide urinalysis, attend self-help meet-ings, meet with case managers, and frequentlyattend court for status hearings. A comprehensiveassessment is completed on all drug court partici-pants in order to help resolve any bio-psycho-socialproblems that may be a barrier to becoming drugfree, productive Montana citizens, including employ-ment, training, and housing issues.

Water CourtThe Montana Water Court has jurisdiction to

determine among competing claimants who has theright to use water in Montana.

There is only the one Water Court, located inBozeman, where the Chief Water Judge presides.Under him there are four district water judges, whohave their own courts. There are 12 water masterswho are attorneys supervised by the ChiefWater Judge. The masters do the majority of

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The Montana Supreme Court in 2009

the adjudication work.Any objections to thefindings of a master arereferred to the ChiefWater Judge or to adistrict water judge.

In Montana, to useeither surface water orgroundwater, a personis required to have alegal right to do so. Thestate Water Use Act of1973 defines this as awater right. This doesnot mean you own thewater. The State ofMontana owns all waters in the state.

Water rights in Montana are property rights. Theyare protected by the U.S. and Montana constitutionsjust like any other property right. Water rights havevalue, and water users cannot be deprived of theirproperty without due process of law.

Not everyone has a legal right to use water inMontana. The acquisition of water rights is basedupon the Prior Appropriation Doctrine in Montana.The first person to perfect a water right on a sourcehas senority over the next person and so on.

The water court decides competing claims forwater based on the Prior Appropriation Doctrineand the legal sufficiency of a claim. Water rights canbe limited in various ways to allow someone to useonly water that he has acquired a right for.

In Montana, a water user need only to put thewater to a beneficial use to have a water right. A beneficial use is a use of water for the benefit ofthe appropriator, other persons, or the public,including but not limited to agricultural, stockwater, domestic, fish and wildlife, industrial, irriga-tion, mining, municipal, power, and recreationaluses. You can legally use city water delivered toyour faucet because the city holds a water right. Youdon’t have the right to drill a well in many Montanacities because you don’t hold the groundwater rights.

The Water Court follows the same rules and lawsof the local district court. In addition, the WaterCourt follows specific rules adopted by the MontanaSupreme Court.

For more detailed information on the Water Court see:

� http://leg.mt.gov/content/Publications/environmental/2008waterrights.pdf

� www.courts.mt.gov/water/guidebook.pdf

Workers’ Compensation CourtThe Legislature created the Montana Workers'

Compensation Court in 1975 to provide a forum forresolving disputes involving the Workers'Compensation Act and the Occupational

Disease Act. The Workers’ Compensation Court is a single

court with statewide jurisdiction that holds trials infive cities: Great Falls, Missoula, Billings, Helena,and Kalispell. The Workers' Compensation Judgeserves a six-year term and is appointed by the gover-nor. The Workers' Compensation Judge must havethe same qualifications necessary to hold the officeof a district court judge.

The Workers’ Compensation Act outlines the rulesfor how workers should be treated in Montana. The Workers’ Compensation Court also hears casesinvolving other types of job-related disputes. Thecases in Workers’ Compensation Court generallyinvolve work-related injury or disease.

The Workers’ Compensation Court conducts trialsstatewide and decides requests for judicial reviewfrom final orders of the Montana Department ofLabor & Industry. The Court is attached to theMontana Department of Labor & Industry foradministrative purposes.

Decisions of the Court may be appealed directly tothe Montana Supreme Court.

For the rules of the Workers’ Compensation Court, seehttp://montanacourts.org.

The Workers' Compensation Act is found in the MontanaCode Annotated at Section 39-71-101.

The Occupational Disease Act is located in Montana CodeAnnotated Section 39-72-101.

Where are Montana courts located? Where a case is filed depends on many factors,

including where a party lives or where an eventoccurs. A court must have jurisdiction or the rightto hear a particular case. You can find the courts inMontana on the Montana Supreme Court website.The website has a court locator, with the map athttp://montanacourts.org/locater.asp and fea-tured on the back cover of this guide. Thismap is broken into counties and judicial districts.

The judicial districts are identified by color.Sometimes multiple counties fall within a singlejudicial district. On the website map, find your coun-ty and click on it, and you can see the contact infor-mation for all the different courts in your county.

If you have a question about which court wouldhear your case, you can call the Clerk of Court.Obtain the contact information for the Clerk ofCourt by clicking on the district on the locator mapmentioned above or in the government pages of yourphone book.

For more information on court locations in Montana, seethe reference guide in the back of this book, and the map onthe back cover.

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Your right to a trial by juryThe right to a trial by jury is guaranteed in the

United States and Montana Constitutions. You maydemand a jury trial in most types of cases; there aresome types of cases, including parenting plans andbankruptcy where you cannot have a jury trial.

Your obligations for jury dutyJuries may have six or 12 members, depending on

the type of court case. In Montana, there are several qualifications to be

a juror:� You must be

18 years of age.� You must be

a resident for atleast 30 days inthe city, town, orcounty where youare called to be ajuror.� You must be

a citizen of theUnited States� You cannot

be a convictedfelon whose civilrights have notbeen restored.� You cannot

be convicted of a felony, high crime, or malfeasancein office, and not had your civil rights restored

In Montana, jurors are selected from a combinedlist of registered voters, licensed drivers, andMontana identification cards. For each court, amaster jury list is created. You are required to serveon only one state panel per year. If you are notifiedthat you are on two different state courts’ masterjuror list, contact the Clerk of Court.

You will receive a notice and questionnaire if youare on this year’s master jury panel. You mustimmediately send back the juror questionnaire. Follow the directions on this notice – some courtsrequire you to tell them when you are going to beout of town so that they will not pick you for a par-ticular trial.

There are only two reasons that will allow for per-manent excusal from serving on a jury.� You are permanently disabled. You must sub-

mit an affidavit from your physician; OR� You are over the age of 70 and wish to be per-

manently excused.Under limited situations you can be temporarily

excused. You must send the court a notarized affi-davit explaining one of the following:� You are a nursing mother. � Serving on the jury will cause you undue hard-

ship. There are limited reasons that a judge willexcuse you.� You will be temporarily unavailable due to a

previously scheduled commitment. As a case is set for jury trial, a panel is selected

from the master panel. Individual notices are sentout requiring you to appear on a particular day.Most courts require you to contact them to let themknow you received the notice.

When you report for jury duty, you will beassigned a particular case. The judge and the par-ties will ask you certain questions. This process iscalled voir dire, which means “speak the truth.” Thepurpose of voir dire is to make sure that each indi-vidual juror meets the basic qualifications of a jurorand will impartially hear the issues. Sometimes thequestions can seem very personal, but they are onlyintended to make sure that the parties have a fairtrial. There are always more jurors called than willactually sit for a trial. An individual’s excusal fromjury duty is based on a number of reasons or per-haps “no reason” at all.

If you report for jury duty and are not selected,you will be reimbursed $12. If you are selected forjury duty, you will be reimbursed $25 per day. Youshould also receive mileage for your travel from yourhouse to court.

Federal court systemThe United States Supreme Court is the highest

court in the nation. Congress has established two levels of federal

courts under the Supreme Court: the U.S. districtcourts and the circuit courts of appeals. Casesbegin in district courts, and parties may appeal adistrict court’s decision to a court of appeals.

Although the details of the complex web of federaljurisdiction that Congress has given the federalcourts is beyond the scope of this brief guide, it isimportant to understand that there are two mainsources of the cases coming before the federalcourts: federal-question jurisdiction, and diversityjurisdiction.

In general, federal courts may decide cases thatinvolve the United States government, the U.S.Constitution, federal laws – or controversiesbetween states or between the United States andforeign governments. A case that raises such a “fed-eral question” may be filed in federal court.

Examples of such cases might include a claim byan individual under a federal government programsuch as Social Security, a claim by the govern-ment that someone has violated federal laws,

7

or a challenge to actions taken by a federal agency. A case also may be filed in federal court based on

the “diversity of citizenship” of the litigants, such asbetween citizens of different states, or betweenUnited States citizens and those of another country.To ensure fairness to the out-of-state litigant, theConstitution provides that such cases may be heardin a federal court. An important limit to diversityjurisdiction is that only cases involving more than$75,000 in potential damages may be filed in a fed-eral court. Claims below that amount may only bepursued in state court. Moreover, any diversity juris-diction case, regardless of the amount of moneyinvolved, may be brought in a state court rather thana federal court.

Justices of the U.S. Supreme Court, judges of thecourts of appeals and the federal district courts, andjudges of the Court of International Trade areappointed under Article III of the U.S. Constitutionby the President with the advice and consent of theSenate. Article III judges are appointed for life, andcan only be removed through impeachment.

Although there are no special qualifications tobecome a judge of these courts, those who are nomi-nated are typically very accomplished private or gov-ernment attorneys, judges in state or federals courts,magistrate judges, bankruptcy judges, or law profes-sors. The judiciary plays no role in the nomination orconfirmation process.

Each court in the federal system has a chief judgewho, in addition to hearing cases, has administrativeresponsibilities relating to the operation of the court.

U.S. district courtsThe U.S. district courts are the trial courts of the

federal court system. Within limits set by Congressand the U.S. Constitution, the district courts havejurisdiction to hear nearly all categories of federal

cases, including both civil and criminal mat-ters.

There is at least one federal district court in eachstate, the District of Columbia, and Puerto Rico.Each district also includes a U.S. bankruptcy court asa unit of the district court. Other federal courtsinclude the U.S. Tax Court and other specialty courtsauthorized by Congress.

Montana has one federal district court with fivedivisional offices, located in Billings, Butte, GreatFalls, Helena, and Missoula. There are three U.S.district judges, two senior judges (semi-retired feder-al judges who are called upon to take some federalcases), three federal magistrate judges (see details onmagistrate judges below), and two part-time magis-trate judges.

The Chief Federal Judge for Montana is selectedon a rotating basis from the federal judges. Thechief is in charge of the administration of the federalcourt. The federal Clerk of Court is located inMissoula at (406) 542-7260.

One United States attorney is appointed by thepresident to serve each judicial district as the federalprosecutor. This office prosecutes persons accusedof violations of U.S. laws, prosecutes or defends civilactions brought by or against the United States, andappears on behalf of federal officials in cases filedagainst them while they are acting in their officialcapacities.

The Federal Defender’s Office for the District ofMontana provides legal representation to indigentcriminal defendants in federal court.

U.S. circuit courts of appealsThe 94 federal judicial districts are organized into

13 circuits, each of which has a U.S. circuit court ofappeals. A court of appeals reviews appeals of casesfrom the district courts located within its circuit, aswell as appeals from decisions of federal administra-tive agencies. Montana is part of the 9th CircuitCourt of Appeals, which is headquartered in SanFrancisco.

In courts of appeals, the facts are taken as foundat the district court level, and what is at issue arequestions of how the law is applied to these facts.Therefore, there are no jurors or witnesses. Thelawyers for both sides are present, but the partiesusually are not.

Magistrate judgesMagistrate judges are appointed by the district

judges to eight-year terms and empowered to per-form many of the duties previously performed onlyby district judges. The use of magistrate judges haseased the workload on district judges and providesthe public with a speedier resolution of some courtmatters.

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The federal courthouse in Missoula, Montana

Bankruptcy courtsFederal courts, not state courts, have jurisdiction

over all bankruptcy matters.Through the bankruptcy process, individuals or

businesses that can no longer pay their creditorsmay either seek a court-supervised liquidation oftheir assets, or they may reorganize their financialaffairs and work out a plan to pay off their debts.

Bankruptcy cases are divided into different cate-gories, called chapters, of Title 11 of the U.S. Code.The chapter is determined by the type of bankruptcyfiled. Chapters 7 and 13 are filed by individuals,chapter 11 by businesses, and chapter 12 by farmers.

Bankruptcy judges are officers of the U.S. districtcourts and are appointed by the U.S. courts ofappeals for 14-year terms.

Montana has one Bankruptcy Court, located inButte, at (406) 497-1240.

U.S. Supreme CourtThe U.S. Supreme Court is the highest court in

the nation. It consists of the chief justice and eightassociate justices. Justices are nominated by thepresident, and then must be approved by the Senate.

After a federal circuit court decision, a party mayrequest the U.S. Supreme Court to hear its case,which is called petitioning for certiori. The U.S.Supreme Court then decides if it will consider theappeal. Most appeals are not accepted. The U.S.Supreme Court usually considers fewer than 100cases per year out of the thousands of cases that par-ties ask it to consider.

Before a court can hear a case, or “exercise itsjurisdiction,” certain conditions must be met:

� When there is an actual case or controversy,the plaintiff in a federal lawsuit also must have legal“standing” to ask the court for a decision. Thatmeans the plaintiff must have been aggrieved, orlegally harmed in some way, by the defendant.

� The case must present a category of disputethat the law in question was designed to address,and it must be a complaint that the court has thepower to remedy. In other words, the court must beauthorized, under the Constitution or a federal law,to hear the case and grant appropriate relief to theplaintiff.

� The case cannot be “moot” – that is, it mustpresent an ongoing problem for the court to resolve.The federal courts, thus, are courts of “limited” juris-diction because the judges of the federal courts mayonly decide certain types of cases as provided byCongress or as identified in the Constitution.

Law on Montana’s Indian reservationsTribal law and jurisdiction is complicated and

varies based on:� Who are the parties to the action (Indian or

non-Indian).� Where the act occurred (within Indian

Country, outside of Indian Country, or fee or trustland within Indian Country).� What type of action is involved (civil, criminal

– again it varies depending on status of the partiesand victim).� Whether the act in question affects a tribe’s

sovereignty (often balanced against state and federalinterests).

In Montana, there are seven Indian reservations;each makes and enforces its own laws subject to anycompacts with the state, or with federal laws andregulations. Tribal law varies based on how the trib-al government was established (by treaty or execu-tive order), the provisions of tribal constitutions,and tribal legislative enactments and administrativerules.

Each of the tribes located within Montana has itsown tribal courts which operate in a manner similarto what takes place in federal or state district courts– but tribal courts also reflect the unique needs ofeach tribal culture.

Common areas of controversy between tribes,states, and the federal government include jurisdic-tional determinations, gaming activities, taxationissues, Indian Child Welfare Act matters, waterrights, and hunting/fishing/gathering rights. A per-son’s ability to determine what forum has jurisdic-tion to hear a matter regarding tribal people, triballands, or tribal rights depends on analyzing a varietyof factors. Since there are virtually no easy rules infederal Indian law – and tribal law varies from tribeto tribe – it is important to understand what legalprinciples apply to any given situation when evaluat-ing whether a matter may be properly brought in thetribal judicial system.

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The U.S. Supreme Court Building in Washington, D.C.

Additional information about Indian law issues can be found at the following websites:

� www.Indianlaw.mt.gov� Native American Rights fund at www.narf.org� www.umt.edu/law/library/Research%20Tools/Tribal%

20Law.htm� http://www.opi.mt.gov/ > Indian Education Tab� Montana-Wyoming Tribal Leaders Council at

www.mtwytlc.com

What is administrative law? There are two areas of administrative law that

may affect individual Montanans:� Administrative rules or regulations.� Administrative tribunals or hearings.Rules or regulations expand upon laws passed by

the Legislature, usually providing specific details tofurther interpret or carry out a law. They carry theforce of law unless overturned by a court or by achange in the underlying law.

There are also numerous tribunals. An adminis-trative tribunal is often called a hearings bureau orhearings office. Most state and federal agencieshave a hearings office of some sort.

Some common situations where an individualmay have a case before an administrative tribunalinclude tax appeals; Social Security, Food Stamps,and other benefits cases; employment disputes;medical malpractice claims, workmen’s compensa-tion; and discrimination cases.

Administrative rulesThe Montana Legislature gives rulemaking

authority to agencies. Administrative rules aresometimes called regulations.

At the national level, administrative rules arecodified in the Code of Federal Regulations. InMontana, they are known as the AdministrativeRules of Montana, or ARM.

Agencies also adopt administrative rules thatdescribe the agency, its procedures, or practicerequirements. Since administrative rules have theforce of law, agencies must follow a comprehensiveprocess to adopt or change a rule, including givingpublic notice and holding a public comment period.

The Montana Secretary of State’s Office overseesthe rulemaking process and works closely with allstate agencies. Proposed rule changes, notice ofpublic hearings, summaries of public commentsreceived, and newly adopted rules are published inthe Montana Administrative Register on a bi-week-ly basis. The Register is updated quarterly to reflectand codify all new rules. The website for the stateadministrative rules is http://sos.mt.gov/arm.

The federal process is more complex, but pro-posed rules, hearings, public comment, and new

rules are published inthe Federal Register.

Appealing an administrative ruleWhen a member of the public is concerned about

a proposed administrative rule, his first recourse isto provide public comment on the proposed rule,either in person at a hearing, or in writing. If therule is adopted over his opposition, a legal actionmay be filed in state district court. However, inmost cases, the rule will be upheld by the courts if itwas adopted with proper legal process and was with-in the scope of the agency’s statutory authorization.

People may also seek to overrule an administra-tive rule by requesting legislative action thatexpressly changes the underlying statute on whichthe rule was based.

Administrative hearingsSome problems cannot be heard in court until

other solutions have been explored first. In somecases, these cases involve disputes over purelyadministrative law, rules, or regulations. An admin-istrative tribunal, commonly known as a hearingsbureau or hearings office, is authorized to hear sub-stantive legal disputes. In some cases, this occursbecause the knowledge required to make a determi-nation is highly specialized, such as in tax or immi-gration law, while in other situations, such as dis-putes over unemployment insurance benefits, thecases are so numerous that a hearings bureau istasked with decision-making power so as to notoverburden the courts.

There are many different administrative tribunalsat both the state and federal level. Most have theirown operating rules. In Montana, most administra-tive hearings are governed by the MontanaAdministrative Procedures Act, sometimes supple-mented by additional administrative rules. At theFederal level, similar statutes govern procedures.

The person who presides over an administrativehearing is usually called a hearings officer or ahearings examiner. These individuals have respon-sibilities similar to judges, in that they oversee theproceedings, issue subpoenas, rule on motions, hearevidence, and issue a decision at the conclusion ofthe proceedings. Sometimes a hearings officer is anattorney, but not always. In most cases, hearingsofficers are required to possess knowledge of thesubject area over which they are presiding.

Anyone with a case before an administrative tri-bunal should treat it with the same care as a moreformal court proceeding. These hearings may beyour only opportunity to present evidence. Anappeal of an administrative decision to a districtcourt consists only of a review of the evidence pre-sented at the administrative hearing. The districtcourt reviews the decision for errors of law. Seldomis a new trial granted.

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Judges and attorneys

TToo bbeeccoommee aa jjuuddggee . . .All Montana Supreme Court justices and district

court judges must be citizens of the United States,have lived in Montana for at least two years imme-diately before taking office, and must have beenadmitted to practice law in Montana for at least fiveyears.

All municipal court judges are required to belicensed attorneys and have practiced in Montanafor three years. All other judges in courts of limitedjurisdiction are not required to be attorneys.

All judges of courts of limited jurisdiction mustattend two training conferences each year and passa certification test during each four-year term. If ajudge does not attend a training conference, or doesnot pass the examination, he can no longer be ajudge and the position becomes vacant. For eachtype of judge there are rules establishing what to doif a judge is unavailable or a position becomesvacant.

Judges’ rights & responsibilitiesThe Montana Code of Judicial Conduct outlines

rules and guidelines for judges to follow when doingtheir jobs. The Code also give members of the publica reference for what they have a right to expect fromjudges when in court.

The Montana Code of Judicial Conduct wasadopted by the Montana Supreme Court on Jan. 1,2009, replacing the old Montana Canons of JudicialEthics. The new Code, and the order adopting it, isat http://fnweb.isd.doa.state.mt.us/idmws/cus-tom/SLL/SLL_FN_BLOG.asp?IDMID=003798694.If a judge is found to have violated the Code ofJudicial Conduct, the state’s Judicial StandardsCommission will recommend to the MontanaSupreme Court a disciplinary action for the judge,which could include removal from office. TheCommission is composed of two district court

judges elected by all district court judges, one attor-ney appointed by the Supreme Court, and two mem-bers of the public appointed by the governor.

Attorneys & the State Bar of MontanaaThe State Bar of Montana was created by the

Montana Supreme Court in January 1975. The Courtrequires that anyone practicing law in the state hasto be a member of the State Bar.

The Bar headquaters is located at 7 West 6th Ave,Suite 2B, in Helena, Montana. Phone is (406) 442-7760; e-mail is mailbox@montanabar.org. TheState Bar’s web site is www.montanabar.org.

The State Bar of Montana acts as a bridgebetween its members and the public by providingthe following services:

� A Lawyer Referral Service, which helps mem-bers of the public find a lawyer for a particular legalproblem. Call (406) 449-6577; or go to www.mon-tanabar.org, click on For the Public > Get aReferral.

� Publication of pamphlets on a wide variety oflegal subjects, including marriage and divorce, land-lord-tenant law, small claims court, rights of clients,wills, and probate. Find the pamphlets atwww.montanabar.org, click on Bookstore.

� Continuing legal education seminars, practicemanuals, and ethics opinions for its lawyer mem-bers.

Services run by the State Bar that are used to dealwith complaints from clients against lawyersinclude:

� A Fee Arbitration Program to settle fee dis-putes between an attorney and a client, withoutgoing to court. Go to www.montanabar.org > Forthe Public > Fee Arbitration.

� A Lawyers Fund for Client Protection, used topay back part of the money that a client may havelost in cases where an attorney has improperlyappropriated client funds. For more information, goto www.montanabar.org > For the Public >Lawyers’ Fund for Client Protection.

How do you become a lawyer?There are several requirements to becoming a

lawyer in Montana. They are:

� Attend an American Bar Association accreditedlaw school, and complete the full course ofstudy.

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� Pass a character and fitness review. Thereview determines if attorneys who want to beadmitted to the State Bar possess the necessarytraits of character and fitness for the practice of law."Fitness" is the assessment of mental and emotionalhealth as it affects the ability of someone to be anattorney; "good moral character" refers to the qual-ities of fairness and honesty, and ability and willing-ness to act in accordance with the Montana Rules ofProfessional Conduct.

� Pass the Montana Bar Examination, whichtests the individual’s knowledge of law and courtprocedure.

For the procedure on how to become an attorney inMontana, go to www.montanabar.org > Admission to the Bar> Admission Rules.

To read the guidelines of a character and fitness review,see: www.montanabar.org > Admission to the Bar >Admission Rules > C&F Rules.

Rights & responsibilities of attorneysPracticing attorneys are subject to the Montana

Rules of Professional Conduct. These rules outlinethe ethical guidelines that attorneys must follow intheir work. They explain how attorneys should treatclients, other attorneys, and how they should act incourt.

The State Bar requires all lawyers who are activemembers to take 15 hours of mandatory continuinglegal education each year, which includes ethicstraining.

To see the Rules of Professional Conduct, go to: www.mon-tanabar.org > Legal Resources > Attorney Rules &Regulations.

How attorneys are held accountableThe Montana Supreme Court has two groups that

are in charge of disciplining lawyers, in the eventthat complaints are brought against them. These arethe Office of Disciplinary Counsel and theCommission on Practice.

The Office of Disciplinary Counsel investigatesand prosecutes citizen complaints against lawyersregarding their professional conduct. To file a com-plaint, call (406) 442-1648 or toll-free at (877) 442-1648. See the office’s website at www.mon-tanaodc.org

The Commission on Practice holds hearings oncomplaints it receives from the Office ofDisciplinary Counsel, and makes recommendations

to the Montana Supreme Court for disciplinethrough Supreme Court orders.

There are nine lawyers and five non-lawyers onthe Commission on Practice, all appointed by theMontana Supreme Court.

What is unauthorized practice of law?Only attorneys licensed and admitted to practice

law in the State of Montana may practice law inMontana.

Paralegals or legal assistants may offer legal helpunder the supervision of a licensed attorney.Some paralegals do have private businesses wherethey contract their services to attorneys, but parale-gals may not give legal advice, accept cases, set orcharge fees, appear in court, make legal decisions,or plan strategies of a case.

That being said, paralegals do play an importantrole in law offices and can assist clients while work-ing under the direct supervision of an attorney.

Someone offering to prepare your paperwork mayhave little or no legal education and may causeirreparable harm by providing incorrect informa-tion, forms, and advice. The unauthorized practiceof law is really a consumer protection issue. Clientshave certain protections when they have problemswith a lawyer, but there is little recourse for harmdone by a nonlawyer. The Supreme Court’sCommission on the Unauthorized Practice of Lawhas investigated complaints against former prison-ers and untrained nonlawyers who have offeredreduced cost “legal services.”

For information on the Commission on the UnauthorizedPractice of Law, to check whether someone is authorized topractice law, or to file a complaint against an unauthorizedpractitioner, go to:� www.montanacourts.org/supreme/boards/unauth.asp.� www.montanabar.org > About the Bar > Frequently

Asked Questions. � www.montanabar.org > Bar Groups > Supreme Court

Commissions > Commission on Unauthorized Practice.� The Clerk of Courts website is http://courts.mt.

gov/dcourt/d_clerk.mcpx

Montana Self-Help Law programMontana's Self-Help Law Program provides legal

information to individuals who wish to representthemselves in court without an attorney.

The Program, established by the MontanaSupreme Court and funded by the Legislature,is an initiative to address the needs of individualswith noncriminal legal problems who cannot orchoose not to be represented by an attorney.

The Self-Help Law Program provides these indi-viduals with the information they need to go tocourt. It does not provide legal advice; rather, itdirects individuals to legal resources.

There are three Self-Help Law programs inMontana; two are at the clerk of district court

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offices in Billings and Kalispell. A third is located inHelena, at the State Law Library. There is also apart-time family law center in Missoula, at the dis-trict court.

There are free forms and easy-to-understand information

covering many areas of law at:

� www.montanalawhelp.org� At the State Law Library’s site at http://montanacourts

.org/library/

Settling differencesout of court

Sometimes when you have a legal dispute, youcan save some time and money by using alternativedispute resolution, or settling a dispute withoutgoing to court. Typically, when you settle your dif-ferences out of court the process is faster, less com-plicated, and cheaper than it would be in court.

The two main kinds of alternative dispute resolu-tion are called mediation and arbitration. Usuallyyou can choose to use one of these options even if alawsuit has already been filed. Sometimes a judgewill ask you to try alternative dispute resolution.Other times, judges are required to refer you toalternative dispute resolution, often mediation.

Because of their high success rate and efficiency,more and more people are turning to mediation andarbitration when they have a legal dispute. At thevery least, it’s important to know that they areoptions.

What is mediation?Mediation is a process in which people negotiate

their dispute with the help of a trained mediator.The mediator is an impartial person on whom theparties in a legal dispute can agree will be fair andhelpful in the process.

The mediator’s job is to help parties communicateand come up with creative, mutually beneficial, waysto resolve their dispute. The mediator is there tomake sure that everyone gets a chance to talk and be

heard, and to create an environment that is safe,respectful, comfortable, and conducive to fair solu-tions. The mediator is not there to decide who is“right” or to make any decisions about the outcomeof the negotiations; instead, the mediator’s job is tohelp the process along.

Some people get help from a lawyer before they goto mediation, but this is not required. Mediationsare confidential. Anything said or exchanged in amediation cannot be used later in a court hearing ifthe mediation doesn’t work out and the case ends upgoing to trial. Mediators are also bound by confi-dentiality: they cannot be forced to tell a court whathappened in the mediation.

Some courts may require that you try mediationin good faith, though you are not required to cometo an agreement.

For more about mediation go to:� The Montana Mediation Association at www.mtmedia-

tion.org.� The State Bar of Montana’s Dispute Resolution

Committee at www.montanabar.org under Bar Groups >Dispute Resolution Committee.

What is arbitration?Arbitration, while also an alternative to going to

court, is different from mediation. In the arbitrationprocess there is an arbiter who, unlike a mediator,actually makes a decision on the legal dispute muchlike a judge would.

An arbiter is a neutral third party that parties inthe legal dispute agree upon. Usually, parties to adispute agree to a set of rules that define how anarbiter will be selected, how the case will proceed,and how the fees involved will be handled.

Once these things are decided and an arbiter (orarbiters) is chosen, an arbitration meeting is held.At the meeting, each side presents its case, includingwitnesses and evidence. Each side also is allowed toquestion the other side’s witnesses. The arbiter thenmakes a final decision, which is usually binding.

A word of caution: if you use a binding arbitrationprocess, you may not be able appeal it to a courtafterwards if you do not get the result you want.Arbitration is most frequently used in labor andcommercial disputes. Arbitration works a lot like acourt trial, but it is often faster, cheaper, and lessformal than a trial, and it is a good thing to considerwhen thinking about your legal options.

For more information on arbitration go to:� The American Arbitration Association at www.adr.org/� University of Montana Mediation Clinic at www.umt.edu/law/clinics/mediation.htm

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Appendix ILegal Resource Guide

Accredited law schoolswww.abanet.org/legaled/approvedlawschools/alpha.html

American Bar Association Service Center321 North Clark StreetChicago IL 60654-7598(312) 988-5522(800) 285.2221 www.abanet.org/home.html

Admission to the State Bar of Montanawww.montanabar.org > Admission to the Bar

Bankruptcy Courtwww.mtb.uscourts.govMike Mansfield Federal Building & CourthouseRoom 303400 N. Main St., Butte, Montana(406) 497-1240

State Board of Tax AppealsPO Box 200138 Helena MT 59620 1209 8th Ave., Helena MT 59620 (406) 444-2720 http://stab.mt.gov/

State Office of Consumer Protection2225 11th AvenuePO Box 200151Helena 59620-0151 (800) 481-6896 (406) 444-4500 contactocp@mt.gov www.doj.mt.gov/consumer/

Domestic ViolenceNational Domestic Violence Hotline: 1-800-787-3224 To find a local shelter/program, go to:www.mcadsv.com/Members-all.html

Drug Court Jeffery Kushner Statewide Drug Court Coordinator (406) 841-2949 jkushner@mt.gov

Elder LawAging Services www.dphhs.mt.gov/sltc/services/aging/areaagen-ciesonaging.shtml

Aging Services Legal Service Provider1-800-332-2272. www.dphhs.mt.gov/sltc/services/aging/legal/index.shtml

Montana Judicial Branchhttp://montanacourts.org

Montana Legal Services Helpline: 1-800-666-6899 Main Office: 616 Helena Ave. Suite 100Helena MT 59601(406) 442-9830 www.mtlsa.org/

Montana Law Help.Org www.Montanalawhelp.org

Montana Mediation Association503 1st Ave North, # 208Great Falls MT 59401(406) 727-8365 www.mtmediation.org/

Montana State Law Library 215 N Sanders StHelena MT 59601(406) 444-3660 http://montanacourts.org/library

Self-Help Law Program http://montanacourts.org > Supreme Court > Self-Help Law Program.

Sexual AssaultNational Sexual Assault Hotline: 1-800-656-HOPE(4673)

State Bar of Montana 7 W 6th Ave., Suite 2BHelena MT 59601PO Box 577(406) 442-7660 www.montanabar.org/

Office of Disciplinary Counsel (attorneys) http://montanacourts.org > Supreme Court > Officeof Disciplinary Counsel. Phone: (877) 442-1648

Guide to Montana Legal Researchhttp://montanacourts.org/library/guides/guide.pdf

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15

Appendix IIMontana Self-Help Law Program Sites

Billings: Full service self-help center located in the Yellowstone County Courthouse at

217 North 27th Street in Billings; (406) 869-3531.

Helena: Full service self-help center located in the State Law Library at 215 NorthSanders Street in Helena; (406) 444-9300.

Kalispell: Full service self-help center located in the Flathead County Justice Center at920 South Main Street on the 3rd floor.

Missoula: Family Law self-help center located in the Missoula County Courthouse at200 West Broadway in Missoula; (406) 258-3428

The Self-Help Law Program provides assistance to self-represented litigants in civil legalmatters (i.e. no assistance in criminal matters or matters arising from criminal proceed-ings, no assistance available to incarcerated persons, no assistance provided in appellatematters).

The Supreme Court is responsible for rulemak-ing and oversight of the administration of justice inMontana. Part of this administrative work is donethrough the various boards and commissions,including:

Sentence Review Division

Commission on Practice

Commission on Courts of Limited Jurisdiction

Judicial Standards Commission

Commission on Unauthorized Practice

Commission on Self-Represented Litigants

Commission on Gender Fairness

Board of Bar Examiners

Commission on Character and Fitness

Commission on Rules of Evidence

Commission on Civil Jury Instruction Guidelines

Commission on Criminal Jury Instructions

Commission on Continuing Legal Education

Equal Justice Task Force

Appendix III:

Montana Supreme Court commissions

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Guide to the Courts editorial committee:

Abigail Houle, AmeriCorps VISTA, State Bar of Montana

Kendra Nickel, AmeriCorps VISTA, Supreme Court Commission on Self-Represented Litigants

Brenda Wahler, Chair, State Bar of Montana Law Education & Information Committee

Judy Meadows, Director, State Law Library of Montana

Michele Snowberger, Judge, Belgrade City Court

Christopher Manos, Executive Director, State Bar of Montana

Contributing writers:

Maylinn Smith, University of Montana Indian Law Professor

Eduardo Capulong, UM Law Mediation Clinic Professor

Jeffrey Kushner, Drug Court Coordinator, Montana Office of the Court Administrator

Robert Peake, Bureau Chief, Montana District & Youth Court Services

Carol Brown, State Dept. of Natural Resources & Conservation Adjudication Quality Control

Colleen Coyle, Senior Water Master, Montana Water Court

Timothy Bechtold, Chair, State Bar of Montana Federal Practice Section

Contributing editors:

Ann Gilkey, Legal Counsel, Montana Office of Public Instruction

Charles Wood, Communications Director, State Bar of Montana

Janice Doggett, Equal Justice Coordinator, State Bar of Montana

Joseph Sullivan, Attorney, Great Falls

Joan Jonkel, Attorney, Missoula

Richard Volinkaty, Attorney, Missoula

Lisa Mecklenberg Jackson, Attorney, Helena

Ronald Youde, Attorney, Billings

Molly Reader, Attorney, Bozeman

This Guide’s editors & contributors

This Guide is published by the State Bar of Montana with the aid of a $3,000 grant from

Humanities MONTANAan independent nonprofit organization dedicated to bringing the humanities, their insights and values, to thepeople of Montana, enriching the intellectual, cultural, and civic life of the state. See the group’s website at

humanitiesmontana.org

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NOTES

IMPORTANT NOTE: The information in this Guide to the Courts is a summary of afew of Montana and federal laws and procedures; it is not meant to be legal advice. Toreceive legal advice about a situation that affects you, consult an attorney.

State of Montana’sjudicial districts

(for state district courts)

To find the address and phone number of the court you are looking for, go to:

http://courts.mt.gov/locator/default.mcpxand simply click on the judicial district number or the county the court resides in.