Montana judicial news

From Judgepedia

News about or affecting the judiciary in Montana.

Justice of the Peace plans to retire

Helena, Montana: Justice of the Peace Wallace Jewell, of the 1st Judicial District Court, announced that he plans to retire in late July, 2010. He has served in Lewis and Clark County for approximately 20 years.^[1]

Two candidates for new District Court judgeship

Montana: Two attorneys, Lynn M. Grant and Bill O’Connor, have filed to run for a newly created judgeship in Montana's 13th Judicial District Court. The primary election on June 8, 2010 will determine the two candidates for the November 2nd general election.^[1]

New candidate for 19th Judicial District Court

Montana: Jim Wheelis is seeking to replace Judge Michael C. Prezeau on the 19th Judicial District Court later this year. On January 14, 2010, Prezeau announced that he would not run for re-election and Wheelis filed for the position. Wheelis has 10 years of experience as a District Judge and is the only candidate as of January 15th.^[1]

New judge appointed to the Montana Supreme Court

Helena, Montana: Michael E. Wheat was appointed by Gov. Schweitzer to fill a vacancy on the Montana Supreme Court. A former lawyer, legislator and U.S. Marine, Wheat was sworn in on January 5, 2010 and is required to run in the November 2010 election to keep his seat.^[1]

Montana federal judge disagrees with the GSA on new courthouse design

Billings, Montana: Richard Cebull, the Chief Judge of the District of Montana federal district court disagreed with a decision with the Government Services Administration over a construction contract awarded for the new federal courthouse being built in Downtown Billings^[1].

The judge disagreed with the GSA, giving a $59.4 million dollar contract to Mortensen Construction based in Minnesota despite the fact that Sletten Construction of Great Falls, Montana bid $8 million dollars lower. The judge told the Billings Gazette that he preferred having Sletten construct the new courthouse because their design had a more classical look^[1].

Officials for Sletten have filed a protest with the GSA claiming that they were unfairly passed over^[1].

Montana Supreme Court recommendations sent to Governor

Montana: The Montana Judicial Nominating Commission has forwarded their top three recommendations for the upcoming vacancy on the Supreme Court to Governor Schweitzer. The seat is opening due to the mid-term retirement of John Warner.

The nominees are Carlo J. Canty, John S. Warren and Michael E. Wheat; they are all attorneys. Schweitzer has 30 days to review the candidates, and make his selection. The appointee will take office in January of 2010 and must run in the November 2010 general election if they wish to serve out the remainder of Warner's term, which expires December 31, 2014. ^[1]

Karen Powell and Ron Waterman, who also applied for the appointment but are not among the finalists, have announced that they intend to run for the seat in 2010 regardless. ^[2]

11 apply to fill Montana Supreme Court vacancy

Montana: Eleven attorneys have applied to fill the vacancy on the Montana Supreme Court that will occur with the retirement of Justice John Warner. Warner's retirement will be effective December 31, 2009, which means that Governor Brian Schweitzer must appoint a replacement for him to serve January through the November 2010 general election when a replacement can be elected. If Schweitzer's appointee wishes to retain the seat they must run for it. The term up for election is the remainder of Warner's, which expires on December 31, 2014. ^{[1][2][3][4][5][6][7]}

The applicants for appointment are:

Roy Andes Carlo J. Canty Brenda Desmond JoAnn "Joey" Jayne David Ortley Karen Powell

Peggy Probasco Jeffrey Renz John S. Warren Ron Waterman Michael E. Wheat

Both Karen Powell and Ron Waterman have announced that they intend to run for the seat in 2010 regardless of whether they receive this appointment. ^[8]

Two applicants announce for 2010 Montana Supreme Court opening

Montana: Two attorneys have applied to fill the vacancy on the Montana Supreme Court that will occur with the early retirement of Justice John Warner. The candidates are Karen Powell and Ron Waterman, both of Helena.

Waterman made an unsuccessful run for the Supreme Court in 2008 against then-Attorney General Mike McGrath. He is currently a partner in the firm of Gough, Shanahan, Johnson and Waterman. Powell is the Chairwoman of the State Tax Appeal Board, a post to which she was appointed in 2006 and 2009 by Governor Schweitzer. She also practices law in Helena.

The two have submitted applications with the Montana Judicial Nominating Commission. The panel will review all applications, conduct interviews of the candidates, and recommend three to five to the Governor. Governor Brian Schweitzer will make the appointment to fill the remainder of Warner's term.^[1]

Montana Supreme Court justice to retire

Montana: Associate justice John Warner of the Montana Supreme Court has announced that he will retire effective December 31, 2009. He has served the Supreme Court since his appointment from then-Governor Judy Martz in 2003 and was retained by the voters twice, in 2004 and 2006.

Warner cites poor health as the reason for his early retirement. According to The Missoulian State Bureau, Warner stated: "I've had some health problems. It's a full-time, high-pressure job. I've got a big family and I want to spend some time with them. It's the time to do that."

Warner's mid-term retirement allows Democratic Governor Brian Schweitzer to appoint a replacement to the high court, who must run in the following election if they wish to retain the seat. ^[1]

Denver Bronco sentenced on drug charges

Montana: Federal judge Richard Cebull presided in the drug case of former Denver Bronco running back Travis Henry. Henry and co-defendant James Mack of Bow Mar, CO were arrested in October of 2008 after authorities in Montana found six pounds of marijuana and about 6.6 pounds of cocaine that the pair allegedly had supplied. ^[1]

The United States Attorney for the District of Montana said in its complaint that Henry trafficked cocaine between Colorado and Montana,and one of his associates had delivered six pounds of cocaine to Billings, MT on previous occasions. ^[1]

On April 15, 2009, Henry agreed with the Montana U.S. Attorney's Office to a plea agreement. The plea deal allowed the former NFL player to plead guilty to a single cocaine conspiracy charge in exchange for two other charges being dropped. ^[1]

On July 16, 2009, Judge Cebull sentenced Travis Henry to three years in federal prison. Cebull also ordered him to undergo drug rehabilitation and ordered five years probation. If Henry completes his rehabilitation successfully, Judge Cebull will reduce his sentence by one year. ^[2]

24 year old case finally gets a ruling

Montana: Retired Toole County District Judge Ronald McPhillips ruled in June of 2009 on a case first filed on March 31, 1983.

The case was brought by Montana resident Milan Ayers, who contended that his former partner James Rubow "swindled him out of his share of a natural gas field, with leases potentially worth millions of dollars". Judge McPhillips found the case file after the Great Falls Tribune wrote about the long-pending case, and ruled in favor of the defendant. The lawsuit was dismissed with no damages awarded. ^[1]

Montana chief justice race on Tuesday's ballot

(6/3/08) Montana voters will cast ballots in the race for the next state Supreme Court chief justice, but their votes will determine nothing. Since there are only two candidates running to succeed Chief Justice Karla Gray, both candidates -- state Attorney General Mike McGrath and Helena trial lawyer Ron Waterman -- will be on the general election ballot in November.

High court rejects compensation board’s lawsuits

(6/5/08) The Montana Supreme Court has upheld a lower court’s rulings against the state Petroleum Tank Release Compensation Board. The board had sued four insurance companies for compensation for more than $2 million in payments it made to cover the cleanup of petroleum leaks at several gas stations across the state.

Loveless for Judge

Helena attorney Dennis Loveless says his involvement in nearly 3,000 criminal cases and about 2,250 civil cases makes him the best qualified for the position of 1st Judicial District Judge. Loveless, who practices business, family law, real estate, administration, criminal and personal injury laws, has represented clients in hundreds of trials. He is one of six candidates this primary vying for the position vacated by Judge Thomas Honzel, who retired after nearly 25 years on the bench.

Kathy Seeley

Kathy Seeley, who is in her 25th year as an attorney and 23rd as an assistant Montana attorney general, said it is her experience as a prosecutor for the Prosecution Services Bureau that sets her apart from her five opponents running for First District Court Judge. "Through my work at the Department of Justice, I've tried cases in district courtrooms around the state," she said. "I have practiced before a number of different judges, and have learned what works, and what doesn't, when managing a courtroom."

• Montana SC candidate eschews PAC money (4/16/2008)

References