Murray v. Motl

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In 2013, the Montana Commissioner of Political Practices (COPP) issued a decision finding sufficient evidence that Ronald Murray had violated Montana’s campaign practices laws during the 2010 primary election and that civil adjudication of the violations was warranted. COPP forwarded the sufficiency decision to the Lewis and Clark County Attorney for consideration. Murray filed an action for declaratory relief in the Gallatin County District Court seeking a determination that Jonathan Motl, in his capacity as the COPP, violated Mont. Code Ann. 13-37-124 by referring the sufficiency decision to the Lewis and Clark County Attorney rather than the Gallatin County Attorney. Thereafter, the COPP filed a complaint against Murray in the Lewis and Clark County District Court (the “enforcement action”) alleging the various campaign finance and practice violations in the sufficiency decision. The district court in Gallatin County dismissed Murray’s declaratory relief action for lack of a justiciable controversy. The Supreme Court affirmed, holding that the district court did not abuse its discretion in dismissing Murray’s declaratory relief action, as Murray had an adequate alternative remedy available to him in that he may assert in the enforcement action issues sought to be declared as a defense in the declaratory action. View "Murray v. Motl" on Justia Law