reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1105. Confidential proceedings -- rules for commission

3-1-1105. Confidential proceedings -- rules for commission.
(1) Except as provided in 3-1-1107 and 3-1-1121 through 3-1-1126, all papers filed with and proceedings before the commission or masters are confidential and the filing of papers with and the testimony given before the commission or masters is privileged communication.
(2) The commission shall make rules for the conduct of its affairs and the enforcement of confidentiality and provide public disclosure when appropriate consistent with this part.
History: En. Sec. 6, Ch. 95, L. 1973; R.C.M. 1947, 93-723; amd. Sec. 1, Ch. 441, L. 1981; amd. Sec. 1, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1106. Investigation of judicial officers -- complaint -- hearing -- recommendations

3-1-1106. Investigation of judicial officers -- complaint -- hearing -- recommendations.
(1) (a) The commission, upon the filing of a written complaint by any citizen of the state, shall initiate an investigation of any judicial officer in the state to determine if there are grounds for conducting additional proceedings before the commission. If the commission's investigation indicates that additional proceedings before the commission may be justified, the commission shall require the citizen who filed the original written complaint to sign a verified written complaint by affidavit before conducting additional proceedings.
(b) The commission shall give the judicial officer written notice of the citizen's complaint and of the initiation of an investigation. Notice must also be given if a verified written complaint by affidavit is filed and must include the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The notice must be signed by the commission.
(2) The commission, after an investigation that it considers necessary and on a finding of good cause, shall:
(a) order a hearing to be held before it concerning the censure, suspension, removal, or retirement of a judicial officer;
(b) publicly advise the judicial officer and the supreme court, in writing, that the complaint will be dismissed if the judicial officer files with the commission a letter stating that the officer will take corrective action satisfactory to the commission; or
(c) request that the supreme court appoint one or more special masters who are judges of courts of record to hear and take evidence and to report to the commission.
(3) If after a hearing or after considering the record and the report of the masters the commission finds the charges true, it shall publicly recommend to the supreme court the censure, suspension, removal, or disability retirement of the judicial officer.
History: En. Sec. 5, Ch. 95, L. 1973; R.C.M. 1947, 93-722; amd. Sec. 1, Ch. 334, L. 1983; amd. Sec. 1, Ch. 386, L. 1991; amd. Sec. 152, Ch. 61, L. 2007; amd. Sec. 2, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1107. Action by supreme court

3-1-1107. Action by supreme court.
(1) The supreme court shall review the record of the proceedings and shall make such determination as it finds just and proper and may:
(a) order censure, suspension, removal, or retirement of a judicial officer; or
(b) wholly reject the recommendation.
(2) Any hearing conducted before the supreme court relative to a recommendation by the commission, together with all papers pertaining to such recommendation, shall be accessible to the public.
History: En. Sec. 7, Ch. 95, L. 1973; R.C.M. 1947, 93-724; amd. Sec. 3, Ch. 441, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1108. Nonparticipation of interested judicial officer

3-1-1108. Nonparticipation of interested judicial officer.
A judicial officer who is a member of the commission or of the supreme court may not participate in any proceeding involving the officer's own censure, suspension, removal, or retirement or that of the officer's spouse, a relative within the sixth degree of consanguinity, or the spouse of a relative related within the sixth degree.
History: En. Sec. 8, Ch. 95, L. 1973; amd. Sec. 31, Ch. 344, L. 1977; R.C.M. 1947, 93-725; amd. Sec. 153, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1109. Interim disqualification of judicial officer

3-1-1109. Interim disqualification of judicial officer.
(1) A judicial officer must be disqualified from serving as a judicial officer, without loss of salary, while there is pending an indictment or an information charging the officer with a crime punishable as a felony under Montana or federal law.
(2) When the commission files with the supreme court a recommendation that a judicial officer be removed or retired, the judicial officer must be disqualified from serving as a judicial officer, without loss of salary, pending the supreme court's review of the record and proceedings.
History: En. Sec. 9, Ch. 95, L. 1973; amd. Sec. 32, Ch. 344, L. 1977; R.C.M. 1947, 93-726; amd. Sec. 2, Ch. 386, L. 1991; amd. Sec. 154, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1110. Procedure when convicted of crime

3-1-1110. Procedure when convicted of crime.
(1) On recommendation of the commission, the supreme court may suspend a judicial officer from office without salary when the officer pleads guilty or no contest or is found guilty of a crime punishable as a felony under Montana or federal law or of any other crime involving moral turpitude.
(2) If the judicial officer's conviction is reversed, suspension terminates and the officer must be paid the officer's salary for the period of suspension.
(3) If the judicial officer is suspended and a conviction becomes final, the supreme court shall remove the officer from office.
History: En. Sec. 10, Ch. 95, L. 1973; R.C.M. 1947, 93-727; amd. Sec. 155, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1111. Orders for retirement or removal

3-1-1111. Orders for retirement or removal.
(1) Upon an order for retirement, the judicial officer must be retired with the same rights and privileges as if the officer retired pursuant to statute.
(2) Upon an order for removal, the judicial officer must be removed from office and the officer's salary must cease from the date of the order. The officer is ineligible for any other judicial office and pending a further order of the court is suspended from practicing law.
History: En. Sec. 11, Ch. 95, L. 1973; R.C.M. 1947, 93-728; amd. Sec. 156, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1115. Legislative nomination panel

3-1-1115. Legislative nomination panel.
(1) There is a nomination panel made up of members of the house of representatives for the purposes of providing recommendations to the speaker of the house about appointments made as provided in 3-1-1101(1)(a). Within 3 days of the start of each regular legislative session, the speaker of the house shall appoint three representatives to the legislative nomination panel. The panel must have at least one member from the minority party. If a vacancy occurs on the panel, the speaker may appoint a replacement.
(2) When a vacancy occurs on the judicial standards commission in a position appointed as provided in 3-1-1101(1)(a), the speaker of the house shall notify the district court judges, who shall present the nomination panel with a list of all district court judges who are willing to serve as a commissioner. After consideration of the judges' qualifications, the nomination panel shall forward no fewer than three names to the speaker of the house, who shall select a commissioner from that pool of names.
(3) Members of the nomination panel serve until the start of the first regular session after their appointment unless they are reappointed.
(4) The nomination panel may meet between regular sessions of the legislature to fill vacancies.
History: En. Sec. 1, Ch. 188, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1121. Public disclosure required

3-1-1121. Public disclosure required.
(1) If the commission finds good cause to order a hearing pursuant to 3-1-1106(2), the commission must allow public access to:
(a) all papers pertaining to each finding of good cause, including charges that are later determined not to be grounds for recommending retirement or disciplinary action to the supreme court;
(b) the proceedings in which the commission or masters hear the charges against a judge; and
(c) all transcripts or recordings of proceedings before the commission or masters pertaining to the matters described in subsections (1)(a) and (1)(b).
(2) A complaint must be made public on request by a member of the public 12 years after dismissal.
History: En. Sec. 2, Ch. 441, L. 1981; amd. Sec. 3, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1122. Repealed

3-1-1122. Repealed.
Sec. 7, Ch. 460, L. 2023.
History: En. Sec. 4, Ch. 441, L. 1981; amd. Sec. 3, Ch. 386, L. 1991; amd. Sec. 157, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1123. Public statements by commission

3-1-1123. Public statements by commission.
In any case in which the subject matter becomes public, through independent sources, through a waiver of confidentiality by the judge against whom the complaint has been filed, or under other circumstances as the commission considers appropriate, the commission may issue statements as it considers appropriate in order to:
(1) confirm the pendency of the investigation;
(2) clarify the procedural aspects of the disciplinary proceedings;
(3) explain the right of the judge to a fair hearing without prejudgment;
(4) state that the judge denies the allegations; or
(5) declare that there is insufficient evidence for a finding of good cause.
History: En. Sec. 5, Ch. 441, L. 1981; amd. Sec. 4, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1124. Disclosure for judicial selection -- appointment or assignment

3-1-1124. Disclosure for judicial selection -- appointment or assignment.
If in connection with the selection or appointment of a judge, any state or federal agency seeks information or written materials from the commission concerning that judge, information must be divulged in accordance with procedures prescribed by the commission, including reasonable notice to the judge affected. If in connection with the assignment of a retired judge to judicial duties, any appropriate authority seeks information or written materials from the commission about that judge, information must be divulged in accordance with procedures prescribed by the commission, including reasonable notice to the judge affected.
History: En. Sec. 6, Ch. 441, L. 1981; amd. Sec. 5, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1125. Efficiency and effectiveness -- audit authorized

3-1-1125. Efficiency and effectiveness -- audit authorized.
(1) The legislative auditor may audit the commission to determine whether it is efficiently and effectively processing complaints against judicial officers in the state in accordance with this part.
(2) The confidentiality provisions of this part do not bar the legislative auditor from obtaining access to any information possessed by the commission that is necessary to the legislative audit function so long as confidential information is kept confidential by the legislative auditor.
History: En. Sec. 7, Ch. 441, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 11. Judicial Standards Commission › 3-1-1126. Commission report to legislature

3-1-1126. Commission report to legislature.
The commission shall, as provided in 5-11-210, submit to the legislature a report containing the following information:
(1) identification of each complaint, whether or not verified, received by the commission during the preceding biennium by a separate number that reveals the identity of the judge complained against;
(2) the date each complaint was filed;
(3) the general nature of each complaint, including the type of complaint, the issues involved, and the basic facts making up the complaint;
(4) whether there have been previous complaints against the same judge and, if so, the general nature of the previous complaints;
(5) the present status of all complaints filed with or pending before the commission during the preceding biennium;
(6) whenever a final disposition of a complaint has been made during the preceding biennium, the nature of the disposition, the commission's recommendation, if any, to the supreme court, and the action taken by the supreme court; and
(7) how each commission member voted.
History: En. Sec. 8, Ch. 441, L. 1981; amd. Sec. 14, Ch. 112, L. 1991; amd. Sec. 6, Ch. 460, L. 2023.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1501. Definitions

3-1-1501. Definitions.
As used in this part, the following definitions apply:
(1) "Commission" means the commission on courts of limited jurisdiction established by the supreme court.
(2) "Judge" means:
(a) a municipal court judge;
(b) a justice of the peace; or
(c) a city judge.
History: En. Sec. 1, Ch. 127, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1502. Training and certification of judges

3-1-1502. Training and certification of judges.
Except as provided in 3-1-1503, a judge selected for a term of office may not assume the functions of the office unless the judge has filed with the county clerk and recorder in the jurisdiction a certificate of completion of a course of education and training prescribed by the commission.
History: En. Sec. 2, Ch. 127, L. 1985; amd. Sec. 1, Ch. 317, L. 1991; amd. Sec. 158, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1503. Exception -- temporary certificate

3-1-1503. Exception -- temporary certificate.
(1) Section 3-1-1502 does not apply to a judge who has received a temporary certificate issued by the commission as provided for in subsection (2).
(2) The commission may issue a temporary certificate enabling a judge to assume the functions of the office pending completion of a course as required by 3-1-1502. The temporary certificate must be in a form and subject to the terms and conditions prescribed by the commission.
(3) The commission may issue a temporary certificate only if:
(a) the judge is appointed or elected after the course is offered; or
(b) the commission grants an excuse because of a personal illness, a death in the family, or other good cause.
(4) The appointing authority for an appointed judge shall notify the commission of the person appointed, and the person appointed must be certified as provided in 3-1-1502 or this section prior to assuming office.
History: En. Secs. 3, 4, Ch. 127, L. 1985; amd. Sec. 2, Ch. 317, L. 1991; amd. Sec. 159, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1506. Expenses

3-1-1506. Expenses.
Each judge is entitled to reimbursement for all actual and necessary travel expenses and other costs incurred in attending a course of training and education pursuant to 3-1-1502. Such reimbursement must be paid as provided for in 3-10-203 and 3-11-204.
History: En. Sec. 5, Ch. 127, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1507. Disqualification

3-1-1507. Disqualification.
Each judge shall complete a course of training and education as required by 3-1-1502. Subject to 3-1-1503, failure to obtain a certificate of completion disqualifies the elected or appointed judge from assuming office and creates a vacancy in the office.
History: En. Sec. 6, Ch. 127, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 15. Courts of Limited Jurisdiction Training and Certification of Judges › 3-1-1508. Credit toward annual training

3-1-1508. Credit toward annual training.
Attendance of a training course prescribed by 3-1-1502 shall apply toward fulfillment of mandatory annual training requirements provided in 3-10-203 and 3-11-204.
History: En. Sec. 7, Ch. 127, L. 1985.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1601. District court council -- administration of state funding of district courts

3-1-1601. District court council -- administration of state funding of district courts.
(1) The district court council shall adopt policies and procedures to administer the state-funded district court program as established in 3-5-901.
(2) The court administrator appointed under 3-1-701 shall administer the policies and procedures adopted under this section.
(3) Money appropriated for the district court program may not be used for any other purpose.
History: En. Sec. 4, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1602. District court council -- appointment -- composition -- duties -- staggered terms -- staff

3-1-1602. District court council -- appointment -- composition -- duties -- staggered terms -- staff.
(1) There is a district court council. The council must be composed of nine members as follows:
(a) the chief justice of the supreme court or a designee of the chief justice;
(b) four district court judges elected by district court judges, one of whom must be from a judicial district that does not contain a first-class city as provided in 7-1-4111; and
(c) the following ex officio, nonvoting members appointed by the supreme court:
(i) one chief juvenile probation officer nominated by the Montana juvenile probation officers association;
(ii) one clerk of the district court nominated by the Montana association of clerks of district courts;
(iii) one county commissioner nominated by the Montana association of counties; and
(iv) one court reporter nominated by the Montana court reporters association.
(2) The chief justice or the chief justice's designee shall serve as the presiding officer of the council and shall appoint a vice presiding officer to act in the absence of the presiding officer.
(3) The district court council shall develop and adopt policies and procedures, subject to review by the supreme court, to administer the state funding of district courts. The policies and procedures must address but not be limited to the following issues related to district courts:
(a) workload;
(b) resource allocation among the district courts;
(c) hiring policies;
(d) court procedures;
(e) information technology;
(f) for court reporters, work schedules, transcript fees, and equipment; and
(g) other issues regarding the state funding of district courts.
(4) Each district court judge shall retain the inherent power to select and appoint the judge's own necessary assistants and employees and to direct the performance of their duties.
(5) The chief justice of the supreme court shall serve on the council during the term of election or appointment. Other members shall serve staggered 3-year terms.
(6) The court administrator shall provide sufficient support to the council to allow it to carry out its statutory duties.
(7) The council shall provide reports to the legislature and supreme court upon request.
History: En. Sec. 5, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1603. District court council vacancies

3-1-1603. District court council vacancies.
(1) In the event that a vacancy on the district court council occurs, the supreme court shall appoint a replacement for the remainder of the term. The replacement must be a member of the same group as the member replaced.
(2) Appointments provided for in this section must be made within 30 days of the occurrence of the vacancy.
History: En. Sec. 6, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1604. District court council meetings -- quorum

3-1-1604. District court council meetings -- quorum.
(1) The district court council may determine the time and place of its meetings and shall meet at least once each quarter.
(2) A majority of the voting members of the council constitutes a quorum. A quorum may call a meeting upon reasonable notice to the other council members.
History: En. Sec. 7, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1605. No compensation -- travel expenses

3-1-1605. No compensation -- travel expenses.
The members of the district court council are not entitled to compensation for their services, but are entitled to travel expenses, as provided for in 2-18-501 through 2-18-503, while engaged in the discharge of council duties.
History: En. Sec. 8, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 1. Courts and Judicial Officers Generally › Part 16. District Court Council -- Judiciary Branch Account › 3-1-1610. Judiciary branch account created

3-1-1610. Judiciary branch account created.
(1) There is an account in the state special revenue fund to be used by the supreme court for payment of accumulated vacation and sick leave for county employees who became state employees on July 1, 2002.
(2) The money paid to the state by the counties for the counties' share of accumulated sick leave and accumulated vacation leave accruals under subsection (4) of section 57, Chapter 585, Laws of 2001, must be deposited in the account established in subsection (1).
(3) Interest and earnings on the account must be deposited in the account.
History: En. Sec. 9, Ch. 583, L. 2003.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 1. Supreme Court Justices › 3-2-101. Number, election, and term of office

3-2-101. Number, election, and term of office.
The supreme court consists of a chief justice and six associate justices who are elected by the qualified electors of the state at large at the general state elections next preceding the expiration of the terms of office of their predecessors, respectively, and hold their offices for the term of 8 years from and after the first Monday of January next succeeding their election.
History: En. Sec. 12, C. Civ. Proc. 1895; re-en. Sec. 6244, Rev. C. 1907; amd. Sec. 1, Ch. 31, Ex. L. 1919; re-en. Sec. 8790, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 40; re-en. Sec. 8790, R.C.M. 1935; amd. Sec. 1, Ch. 13, L. 1973; R.C.M. 1947, 93-201; amd. Sec. 1, Ch. 683, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 1. Supreme Court Justices › 3-2-102. Qualifications and residence

3-2-102. Qualifications and residence.
(1) A person is not eligible for the office of justice of the supreme court unless the person is a citizen of the United States, has resided in the state 2 years immediately before taking office, and has been admitted to practice law in Montana for at least 5 years prior to the date of appointment or election.
(2) Justices of the supreme court must reside within the state during their terms of office.
History: En. Sec. 161, C. Civ. Proc. 1895; re-en. Sec. 6309, Rev. C. 1907; re-en. Sec. 8863, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 157; re-en. Sec. 8863, R.C.M. 1935; amd. Sec. 1, Ch. 15, L. 1973; amd. Sec. 27, Ch. 344, L. 1977; R.C.M. 1947, 93-702(part); amd. Sec. 160, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 1. Supreme Court Justices › 3-2-103. Computation of term of office

3-2-103. Computation of term of office.
The years during which a justice of the supreme court is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January of the next succeeding year.
History: En. Sec. 13, C. Civ. Proc. 1895; re-en. Sec. 6245, Rev. C. 1907; re-en. Sec. 8797, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 41; re-en. Sec. 8797, R.C.M. 1935; R.C.M. 1947, 93-208.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 1. Supreme Court Justices › 3-2-104. Salaries -- expenses

3-2-104. Salaries -- expenses.
(1) The salaries of justices of the supreme court are provided for in 2-16-403.
(2) Actual and necessary travel expenses of the justices of the supreme court shall be the travel expenses, as defined and provided in 2-18-501 through 2-18-503, incurred in the performance of their official duties.
History: (1)En. by Code Commissioner, 1979; (2)En. Sec. 1, Ch. 85, L. 1917; re-en. Sec. 8815, R.C.M. 1921; re-en. Sec. 8815, R.C.M. 1935; Sec. 93-304, R.C.M. 1947; R.C.M. 1947, 93-304(part); (3)En. Sec. 1, Ch. 528, L. 1979; amd. Sec. 1, Ch. 375, L. 1981; amd. Sec. 6, Ch. 3, L. 1985; amd. Sec. 3, Ch. 462, L. 1989; amd. Sec. 13, Ch. 455, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-201. Types of jurisdiction

3-2-201. Types of jurisdiction.
The jurisdiction of the supreme court is of two kinds:
(1) original; and
(2) appellate.
History: En. Sec. 18, C. Civ. Proc. 1895; re-en. Sec. 6250, Rev. C. 1907; re-en. Sec. 8802, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 50; re-en. Sec. 8802, R.C.M. 1935; R.C.M. 1947, 93-213.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-202. Original jurisdiction -- review of ballot statements

3-2-202. Original jurisdiction -- review of ballot statements.
(1) In the exercise of its original jurisdiction, the supreme court has power to issue writs of mandamus, certiorari, prohibition, injunction, and habeas corpus.
(2) The supreme court has the power to issue all other writs necessary and proper to the complete exercise of its appellate jurisdiction.
(3) (a) The supreme court has original jurisdiction to review the petitioner's ballot statements for initiated measures and the attorney general's ballot statements for referred measures and the attorney general's legal sufficiency determination in an action brought pursuant to 13-27-605.
(b) (i) In an original proceeding under subsection (3)(a), the petitioner and the attorney general shall certify the absence of factual issues or shall stipulate to and file any factual record necessary to the supreme court's consideration of the petitioner's ballot statements or the attorney general's legal sufficiency determination.
(ii) If the parties to an original proceeding under subsection (3)(a) fail to make the certification or stipulation required by subsection (3)(b)(i), the supreme court shall refer the proceeding to the district court in the county of residence of the lead petitioner for development of a factual record and an order that addresses the issues provided in 13-27-605(3). Any party may appeal the order of the district court to the supreme court by filing a notice of appeal within 5 days of the date of the order of the district court. If a lead petitioner has not been designated in accordance with this section or if the parties to the proceeding agree, the proceeding must be referred to the district court for Lewis and Clark County.
(4) As used in this section, "lead petitioner" means an individual designated by the petitioner or petitioners on a form provided by the secretary of state.
(5) Nothing in subsection (3) limits the right to challenge a ballot issue enacted by a vote of the people.
History: En. Sec. 19, C. Civ. Proc. 1895; re-en. Sec. 6251, Rev. C. 1907; re-en. Sec. 8803, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 51; re-en. Sec. 8803, R.C.M. 1935; R.C.M. 1947, 93-214; amd. Sec. 1, Ch. 540, L. 1987; amd. Sec. 1, Ch. 481, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-203. Appellate jurisdiction

3-2-203. Appellate jurisdiction.
The appellate jurisdiction of the supreme court extends to all cases at law and in equity.
History: En. Sec. 20, C. Civ. Proc. 1895; re-en. Sec. 6252, Rev. C. 1907; re-en. Sec. 8804, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 52; re-en. Sec. 8804, R.C.M. 1935; R.C.M. 1947, 93-215.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-204. Powers and duties of court on appeals

3-2-204. Powers and duties of court on appeals.
(1) The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had.
(2) The decision of the court must be given in writing, and a syllabus thereof must be prepared by the court and filed with the opinion.
(3) In giving its decision, if a new trial be granted, the court must pass upon and determine all the questions of law involved in the case presented upon such appeal and necessary to the final determination of the case.
(4) Its judgment in appealed cases must be remitted to the court from which the appeal was taken.
(5) In equity cases and in matters and proceedings of an equitable nature, the supreme court shall review all questions of fact arising upon the evidence presented in the record, whether the same be presented by specifications of particulars in which the evidence is alleged to be insufficient or not, and determine the same, as well as questions of law, unless for good cause a new trial or the taking of further evidence in the court below be ordered. Nothing herein shall be construed to abridge in any manner the powers of the supreme court in other cases.
History: En. Ch. 1, Ex. L. 1903; re-en. Sec. 6253, Rev. C. 1907; re-en. Sec. 8805, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 53; re-en. Sec. 8805, R.C.M. 1935; R.C.M. 1947, 93-216.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-205. Injunctions

3-2-205. Injunctions.
(1) Upon such terms and under such rules as the supreme court may establish, the supreme court may continue in force an injunction order made by a district court or judge or grant an injunction order and writ pending an appeal to the supreme court from an order of a district court or judge refusing or dissolving an injunction.
(2) No action to obtain an injunction may be commenced in the supreme court except in cases where the state is a party, the public is interested, or the rights of the public are involved. The proper district court has jurisdiction of all injunctions and the commencement of all actions therefor, except as provided in this section.
(3) The supreme court may provide rules for the commencement and trial of actions for injunctions in that court.
History: En. Sec. 23, C. Civ. Proc. 1895; re-en. Sec. 6255, Rev. C. 1907; re-en. Sec. 8807, R.C.M. 1921; re-en. Sec. 8807, R.C.M. 1935; R.C.M. 1947, 93-218; amd. Sec. 14, Ch. 21, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-211. Concurrence of majority -- for what necessary

3-2-211. Concurrence of majority -- for what necessary.
The concurrence of a majority of the justices of the supreme court is necessary for the issuance of any writ or the transaction of any business except such as can be done at chambers.
History: En. Sec. 22, C. Civ. Proc. 1895; re-en. Sec. 6254, Rev. C. 1907; amd. Sec. 1, Ch. 34, L. 1921; re-en. Sec. 8806, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 54; re-en. Sec. 8806, R.C.M. 1935; R.C.M. 1947, 93-217(part).
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 2. Supreme Court Jurisdiction › 3-2-212. Powers of justices individually -- certiorari and habeas corpus

3-2-212. Powers of justices individually -- certiorari and habeas corpus.
(1) Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make the writs returnable before the issuing justice, the supreme court, or any justice of the supreme court or before any district court of the state or any district court judge. The writs may be heard and determined by the justice, court, or judge before whom they are made returnable.
(2) Each of the justices of the supreme court may also issue and hear and determine writs of certiorari in proceedings for contempt in the district court.
History: Ap. p. Sec. 170, C. Civ. Proc. 1895; re-en. Sec. 6313, Rev. C. 1907; re-en. Sec. 8866, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 165; re-en. Sec. 8866, R.C.M. 1935; Sec. 93-801, R.C.M. 1947; Ap. p. Sec. 22, C. Civ. Proc. 1895; re-en. Sec. 6254, Rev. C. 1907; amd. Sec. 1, Ch. 34, L. 1921; re-en. Sec. 8806, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 54; re-en. Sec. 8806, R.C.M. 1935; Sec. 93-217, R.C.M. 1947; R.C.M. 1947, 93-217(part), 93-801; amd. Sec. 161, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 3. Sessions of the Supreme Court › 3-2-301. Who shall preside

3-2-301. Who shall preside.
The chief justice presides at all sessions of the supreme court, and in case of the chief justice's absence, the associate justice having the shortest term to serve presides.
History: En. Sec. 15, C. Civ. Proc. 1895; re-en. Sec. 6247, Rev. C. 1907; re-en. Sec. 8799, R.C.M. 1921; re-en. Sec. 8799, R.C.M. 1935; R.C.M. 1947, 93-210(part); amd. Sec. 162, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 3. Sessions of the Supreme Court › 3-2-302. Quorum

3-2-302. Quorum.
A majority of the justices is necessary to form a quorum of the court. Any decision must be concurred in by a majority of the justices of the court, but one or more of the justices may adjourn the court from day to day or to a day certain.
History: En. Sec. 15, C. Civ. Proc. 1895; re-en. Sec. 6247, Rev. C. 1907; re-en. Sec. 8799, R.C.M. 1921; re-en. Sec. 8799, R.C.M. 1935; R.C.M. 1947, 93-210(part); amd. Sec. 4, Ch. 683, L. 1979.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 3. Sessions of the Supreme Court › 3-2-303. Term of supreme court

3-2-303. Term of supreme court.
The supreme court may have only one term each year. The term must be held at the seat of government and must commence on the first day of January.
History: En. Sec. 16, C. Civ. Proc. 1895; re-en. Sec. 6248, Rev. C. 1907; re-en. Sec. 8800, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 47; re-en. Sec. 8800, R.C.M. 1935; R.C.M. 1947, 93-211(part); amd. Sec. 1, Ch. 328, L. 2005.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 3. Sessions of the Supreme Court › 3-2-304. Physical facilities

3-2-304. Physical facilities.
(1) If proper rooms in which to hold the court and for the accommodation of the officers thereof are not provided by the state, together with attendants, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of business, the court or a majority thereof may direct the clerk of the supreme court to provide such rooms, attendants, furniture, lights, fuel, and stationery.
(2) The expenses thereof, certified by any two justices to be correct, must be paid out of the state treasury only out of funds in the state treasury appropriated to the supreme court.
History: En. Sec. 16, C. Civ. Proc. 1895; re-en. Sec. 6248, Rev. C. 1907; re-en. Sec. 8800, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 47; re-en. Sec. 8800, R.C.M. 1935; R.C.M. 1947, 93-211(part); amd. Sec. 1, Ch. 610, L. 1981.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-401. Election and term of office

3-2-401. Election and term of office.
There must be a clerk of the supreme court who must be elected by the electors at large of the state and hold office for the term of 6 years from the first Monday of January following the clerk's election.
History: En. Sec. 870, Pol. C. 1895; re-en. Sec. 299, Rev. C. 1907; re-en. Sec. 370, R.C.M. 1921; Cal. Pol. C. Secs. 749-758; re-en. Sec. 370, R.C.M. 1935; amd. Sec. 45, Ch. 100, L. 1973; R.C.M. 1947, 82-501; amd. Sec. 163, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-402. Duties -- electronic filing and storage of court records

3-2-402. Duties -- electronic filing and storage of court records.
(1) It is the duty of the clerk to:
(a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law;
(b) adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices;
(c) file all papers or transcripts required by law to be filed;
(d) issue writs and certificates and approve bonds or undertakings when required;
(e) make out all transcripts to the supreme court of the United States;
(f) make copies of papers or records when demanded by law or the rules of the court; and
(g) perform other duties as may be required by law and the rules and practice of the supreme court.
(2) The clerk may elect to keep court documents by means of electronic filing or storage, or both, as provided in 3-1-114 and 3-1-115, in lieu of or in addition to keeping paper records.
History: Ap. p. Sec. 871, Pol. C. 1895; re-en. Sec. 300, Rev. C. 1907; re-en. Sec. 371, R.C.M. 1921; re-en. Sec. 371, R.C.M. 1935; Sec. 82-502, R.C.M. 1947; Ap. p. Sec. 3, p. 208, L. 1891; amd. Sec. 873, Pol. C. 1895; re-en. Sec. 302, Rev. C. 1907; re-en. Sec. 373, R.C.M. 1921; re-en. Sec. 373, R.C.M. 1935; Sec. 82-504, R.C.M. 1947; R.C.M. 1947, 82-502, 82-504; amd. Sec. 15, Ch. 21, L. 1979; amd. Sec. 3, Ch. 174, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-403. Fees

3-2-403. Fees.
The clerk shall collect the following fees:
(1) for filing the notice of appeal in any civil case appealed to the supreme court, $100 payable by both the appellant and cross-appellant;
(2) for filing a petition for any writ, $100;
(3) for retrieval of court records from the secretary of state, actual fees charged by the secretary of state;
(4) for a certificate of good standing as an attorney, $5;
(5) for preparing copies of documents on file, 15 cents a page;
(6) for each certified copy under seal, $1.
History: En. Sec. 872, Pol. C. 1895; re-en. Sec. 301, Rev. C. 1907; re-en. Sec. 372, R.C.M. 1921; re-en. Sec. 372, R.C.M. 1935; amd. Sec. 1, Ch. 156, L. 1939; amd. Sec. 1, Ch. 112, L. 1943; amd. Sec. 87, Ch. 147, L. 1963; amd. Sec. 3, Ch. 218, L. 1967; amd. Sec. 18, Ch. 344, L. 1977; R.C.M. 1947, 82-503(1); amd. Sec. 1, Ch. 204, L. 1985; amd. Sec. 1, Ch. 39, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-404. Disposition of fees

3-2-404. Disposition of fees.
Except as otherwise provided by law, all fees collected by the clerk must be paid into the state treasury and must be credited to the general fund.
History: En. Sec. 872, Pol. C. 1895; re-en. Sec. 301, Rev. C. 1907; re-en. Sec. 372, R.C.M. 1921; re-en. Sec. 372, R.C.M. 1935; amd. Sec. 1, Ch. 156, L. 1939; amd. Sec. 1, Ch. 112, L. 1943; amd. Sec. 87, Ch. 147, L. 1963; amd. Sec. 3, Ch. 218, L. 1967; amd. Sec. 18, Ch. 344, L. 1977; R.C.M. 1947, 82-503(2); amd. Sec. 1, Ch. 321, L. 1981; amd. Sec. 6, Ch. 287, L. 1997.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-405. Repealed

3-2-405. Repealed.
Sec. 3, Ch. 28, L. 1997.
History: En. Sec. 874, Pol. C. 1895; re-en. Sec. 303, Rev. C. 1907; re-en. Sec. 374, R.C.M. 1921; amd. Sec. 374, R.C.M. 1935; amd. Sec. 19, Ch. 344, L. 1977; R.C.M. 1947, 82-505.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 4. Clerk of the Supreme Court › 3-2-406. Deputy clerk

3-2-406. Deputy clerk.
The clerk of the supreme court shall appoint a deputy who, in the absence of the principal or in the case of vacancy in the office, shall perform all the duties of office until the disability is removed or the vacancy is filled. The deputy shall subscribe, take, and file the oath of office provided by law for other state officers before entering upon the performance of the duties.
History: En. Sec. 1, Ch. 86, L. 1903; re-en. Sec. 143, Rev. C. 1907; re-en. Sec. 122, R.C.M. 1921; re-en. Sec. 122, R.C.M. 1935; amd. Sec. 1, Ch. 181, L. 1947; amd. Sec. 1, Ch. 8, L. 1949; amd. Sec. 48, Ch. 177, L. 1965; amd. Sec. 3, Ch. 468, L. 1977; R.C.M. 1947, 82-601(part); amd. Sec. 164, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 5. Marshal of the Supreme Court › 3-2-501. Appointment of marshal and other employees

3-2-501. Appointment of marshal and other employees.
(1) The supreme court shall appoint a marshal of the supreme court and may appoint other attendants, reporters, and clerks that are necessary, who hold office at the pleasure of the court.
(2) The marshal and other persons appointed under subsection (1) are employees of the judicial branch of state government, are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130, and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
History: En. Sec. 862, Pol. C. 1895; re-en. Sec. 295, Rev. C. 1907; re-en. Sec. 366, R.C.M. 1921; re-en. Sec. 366, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1939; amd. Sec. 1, Ch. 205, L. 1955; R.C.M. 1947, 82-1801; amd. Sec. 10, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 5. Marshal of the Supreme Court › 3-2-502. Duties of marshal

3-2-502. Duties of marshal.
(1) It is the duty of the marshal to be present and to assist the supreme court and the justices of the supreme court at each term of court. The marshal is the executive officer of the court and shall act as crier of the court.
(2) The marshal shall serve within the state all returns and processes issuing from the supreme court and has all the powers and shall exercise all the duties that sheriffs have to the district courts to the extent that the duties are applicable.
(3) The marshal shall act as a law clerk for the supreme court justices.
History: En. Sec. 863, Pol. C. 1895; re-en. Sec. 296, Rev. C. 1907; re-en. Sec. 367, R.C.M. 1921; re-en. Sec. 367, R.C.M. 1935; amd. Sec. 2, Ch. 38, L. 1939; R.C.M. 1947, 82-1802; amd. Sec. 165, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 5. Marshal of the Supreme Court › 3-2-503. Accounts of marshal

3-2-503. Accounts of marshal.
All accounts of the marshal must be filed in the supreme court in a bill of items under oath certified by the chief justice and, when properly chargeable against the state and approved by the department of administration, must be paid out of the state treasury upon the warrant of the state treasurer.
History: En. Sec. 865, Pol. C. 1895; re-en. Sec. 298, Rev. C. 1907; re-en. Sec. 369, R.C.M. 1921; re-en. Sec. 369, R.C.M. 1935; amd. Sec. 99, Ch. 326, L. 1974; R.C.M. 1947, 82-1804; amd. Sec. 4, Ch. 325, L. 1995.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 6. Form and Reporting of Decisions › 3-2-601. Decisions to be in writing

3-2-601. Decisions to be in writing.
In the determination of causes, all decisions of the supreme court must be given in writing, the grounds of the decision must be stated, and each justice agreeing or concurring with the decision must so indicate by signing the decision. Any justice disagreeing with a decision must so indicate by written dissent.
History: En. Sec. 440, p. 132, Bannack Stat.; re-en. Sec. 597, p. 157, Cod. Stat. 1871; re-en. Sec. 17, C. Civ. Proc. 1895; re-en. Sec. 6249, Rev. C. 1907; re-en. Sec. 8801, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 49; re-en. Sec. 8801, R.C.M. 1935; amd. Sec. 1, Ch. 271, L. 1975; R.C.M. 1947, 93-212.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 6. Form and Reporting of Decisions › 3-2-602. Justices to report decisions

3-2-602. Justices to report decisions.
The justices of the supreme court shall report the decisions of the supreme court.
History: En. Sec. 2, p. 72, L. 1899; re-en. Sec. 314, Rev. C. 1907; re-en. Sec. 378, R.C.M. 1921; Cal. Pol. C. Secs. 767-782; re-en. Sec. 378, R.C.M. 1935; amd. Sec. 2, Ch. 182, L. 1949; R.C.M. 1947, 82-2001.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 6. Form and Reporting of Decisions › 3-2-603. Duties of reporters

3-2-603. Duties of reporters.
The reporters of the decisions of the supreme court shall make careful and accurate reports of the cases decided by the supreme court. The reports of the cases must be made under the supervision of and pursuant to rules adopted by the justices of the supreme court.
History: En. Sec. 891, Pol. C. 1895; re-en. Sec. 307, Rev. C. 1907; re-en. Sec. 379, R.C.M. 1921; re-en. Sec. 379, R.C.M. 1935; amd. Sec. 1, Ch. 174, L. 1947; amd. Sec. 1, Ch. 14, L. 1961; amd. Sec. 1, Ch. 305, L. 1967; amd. Sec. 79, Ch. 326, L. 1974; R.C.M. 1947, 82-2002; amd. Sec. 2, Ch. 494, L. 1981; amd. Sec. 1, Ch. 28, L. 1997.
2023 Montana Code Annotated › Title 3. Judiciary, Courts › Chapter 2. Supreme Court › Part 6. Form and Reporting of Decisions › 3-2-604. Distribution of reports

3-2-604. Distribution of reports.
(1) On the publication of each volume of the reports, the supreme court shall purchase and distribute:
(a) each volume to each justice of the supreme court and to each district court judge; and
(b) four copies of each volume to the law library of the state of Montana.
(2) All reports distributed pursuant to subsection (1) are for the use of the office and must be turned over to the successor in office.
History: En. Sec. 896, Pol. C. 1895; re-en. Sec. 312, Rev. C. 1907; amd. Sec. 1, Ch. 203, L. 1921; re-en. Sec. 384, R.C.M. 1921; re-en. Sec. 384, R.C.M. 1935; amd. Sec. 3, Ch. 46, L. 1937; amd. Sec. 20, Ch. 344, L. 1977; R.C.M. 1947, 82-2007; amd. Sec. 3, Ch. 494, L. 1981; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 2, Ch. 28, L. 1997.