1.4.a

\4 .1. INTHE SUPREME COURT OF THE STATE OF MONTANA BOBBY FRANCIS LOWRY,
V, Petitioner, v.

OP 22-0466 FIRST JUDICIAL DISTRICT COURT, LEWIS AND CLARK COUNTY, the HONORABLE MICHAEL

F. MCMAHON,
and CAPTAIN BRADLEY BRAGG, LEWIS
& CLARK COUNTY DETENTION CENTER, Respondents.

SEP
062022 BowenGreenwood Cl erk ofSupremeCourt StateofMontana ORDER Self-represented Petitioner Bobby Francis Lowry has filed

a petition for awrit of mandate with this Court, after seeking similar relief in the Lewis and Clark County District Court, "where his trials were taking place." We amend the caption
toinclude the First Judicial District Court and the presiding Judge. See § 27-26-102(1), MCA. Lowry explains that several months ago,he accidentally broke his hearing aid— needed for his severe hearing impairment. Lowry statesthat he has notreceived

a replacement, evenafter requesting one. Lowry points to §§ 49-4-501, and 49-4-508, MCA, the statutesfor interpreters

in judicial proceedings
for deaf persons.He claims he also has suffered earinfections and arguesthat he "must receive medical carefor his disability and reasonable accommodation

...." A writ of mandate,
ormandamus,

is specific and statutorily driven. Sections 27-26- 101 through 27-26-403, MCA. Tostate

aclaim for rnandarnus,

a partymustshow entitlement

tothe performance

of aclear legal duty by the party against whom the writ is directed and the absence of a plain, speedy, and adequate remedy
atlaw. Section 27-26- 102, MCA; Smith
v.Missoula Co., 1999 MT 330, ¶ 28, 297 Mont. 368, 992 P.2d 834.09/06/2022Case Number: OP 22-0466Upon review, weconclude that Lowry has not met the requirements

to obtain

awrit of mandate,
ashe has not dernonstrated

aclear legal duty for which he has noother remedy "in the ordinary courseof law." Section 27-26-102(2), MCA; Smith,

¶ 28. Lowry
is correct that the law requires courts to appoint an interpreter

to assist

adeaf personwho is a party to judicial proceedings. Section 49-4-503, MCA. As defined by statute,

a"deaf person"

is "a personwhose hearing

is totally impaired
oris so seriously impaired
asto prohibit the personfrorn understanding oral communications"

or communicating spoken language. Section 49-4-502(2), MCA. Lowry
is entitled
toan interpreter only if he meets that statutory definition—a factual determination

for the trial court.
It is not clear frorn the materials Lowry has submitted that the District Court has considered

ormade findings whether Lowry qualifies for a court-appointed interpreter. Lowry presurnably has counsel in his criminal caseto advocate for his rights, and he retains the right to appeal from any adverse judgment. Finally,
to the extent the petition alleges inadequate medical care,

awrit of mandate is not the appropriate civil rernedy. See Gates
v.Missoula Cty. Comm'rs, 235 Mont. 261, 262-63, 766 P.2d 884, 885 (1988) (holding that habeas corpus
is not the correct remedy for constitutional claims, including lack of "adequate food, shelter, clothing, medical care, exercise, individual security, and alaw library" and that "disputed factual issues should be directed
toan appropriate district court, since
it is not the role of this Court to function
as primary fact-finder."). Again, Lowry's claims require factual development
and deterrnination,
not suitable
in an original writ proceeding before this Court. Because conditions
of confinement maybe challenged

in an ordinary civil rights action, Lowry has a plain and adequate remedy of filing

a complaint

in astate orfederal district court. IT IS THEREFORE ORDERED that Lowry's Petition for Writ of Mandate

is DENIED and DISMISSED. The Clerk of the Supreme Court is directed
to provide

a copyto: the Hon. Michael F. McMahon, District Court Judge; Angie Sparks, Clerk of District Court, Lewis and Clark County, under Cause Nos. DC-2021-178, DC-2021-398,
and DC-2021-537; Captain Bradley Bragg, LCCDC; counsel of record; Leo Gallagher, Lewis and Clark County 2Attorney; Katie Jerstad, Deputy County Attorney; Office of the Public Defender, Lewis and Clark County; and Bobby Francis Lowry V personally. i `{`—• DATED this -b

' day of Septernber, 2022. 3