Justia Montana Supreme Court Opinion Summaries

Twin infants were removed from their parents’ care after authorities found them living in unsanitary and unsafe conditions, including exposure to drugs, lack of medical care, and the presence of a registered sex offender in the home. The parents had a history of involvement with child protective services, including three prior removals of their older children due to domestic violence, substance abuse, and neglect, culminating in the involuntary termination of their parental rights to those children. After the twins’ birth in Washington, the family returned to Montana, where similar concerns quickly arose, leading to the Department of Public Health and Human Services seeking emergency protective services and termination of parental rights.The Eighth Judicial District Court, Cascade County, held hearings on the Department’s petition. The parents did not contest probable cause for removal at the emergency hearing. The court appointed a guardian ad litem, who recommended that no reunification efforts were required due to the parents’ history. At the adjudication and termination hearing, the court found clear and convincing evidence of aggravated circumstances, including chronic, severe neglect and prior involuntary terminations, and concluded that the parents’ unfitness was unlikely to change within a reasonable time. The court terminated both parents’ rights to the twins and granted permanent legal custody to the Department, finding that a treatment plan and further reunification efforts were not statutorily required.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court erred in terminating the father’s parental rights. The Supreme Court held that substantial evidence supported the District Court’s findings of chronic, severe neglect and the relevance of prior terminations. The Court also held that the Department was not required to provide reunification services after seeking a determination that such efforts were unnecessary, and that the father’s due process rights were not violated. The decision of the District Court was affirmed. View "In re S.W. & D.W." on Justia Law

After the dissolution of their marriage in 2019, two parents agreed to a parenting plan for their child, D.C.S., which was adopted by the court and provided that the child would primarily reside with the mother, Rebeccah, while the father, Joshua, would have parenting time during visits to Montana. This arrangement remained unchanged for nearly four years. In 2022, the child’s maternal grandfather and step-grandmother, the Scotts, began caring for D.C.S. due to concerns about Rebeccah’s behavior, including substance abuse and neglect. The Scotts alleged that the child’s living conditions with Rebeccah were unsafe and that Joshua had not been involved in the child’s life for several years. After Rebeccah removed D.C.S. from school and moved him to North Dakota, the Scotts sought third-party parenting rights and obtained an ex parte emergency order granting them temporary custody.The Scotts filed their petition and emergency motion in the Eleventh Judicial District Court, Flathead County. Rebeccah objected, challenging the Scotts’ standing and the allegations against her, and moved to amend or set aside the emergency order. The District Court denied her motion, finding the Scotts’ affidavits sufficient for temporary relief. After a full evidentiary hearing, where both sides presented evidence, the District Court issued findings and amended the parenting plan, granting primary custody to the Scotts and parenting time to Rebeccah.On appeal, the Supreme Court of the State of Montana reviewed whether the District Court’s final custody order should be vacated due to alleged procedural errors in granting the initial emergency order, and whether plain error review was warranted for the denial of Rebeccah’s post-judgment motions. The Supreme Court held that any procedural defects in the temporary order were cured by the subsequent evidentiary hearing and final order, rendering those issues moot. The Court also declined to exercise plain error review, finding no manifest miscarriage of justice. The District Court’s order was affirmed. View "In re Parenting of D.C.S." on Justia Law

A sixteen-year-old youth admitted to sexually assaulting his two younger half-siblings, ages six and seven, over a period spanning late 2021 to early 2023. The abuse involved coercion through threats of withholding privileges and included both physical and digital penetration. The youth was charged with multiple counts of felony sexual assault and incest, and a more serious charge was dismissed as part of a plea agreement. A psychosexual evaluation found the youth to be at moderate risk of reoffending and recommended against requiring registration as a sexual offender, suggesting that avoiding registration would better support his rehabilitation. The victims’ family members and therapist, however, advocated for registration due to the trauma suffered.The Fourth Judicial District Court, Missoula County, reviewed the psychosexual evaluation, probation officer’s report, and victim impact statements. The court designated the youth as a Level 2 Sexual Offender, committed him to a youth correctional facility until age 18, and placed him on probation until age 21. Despite recommendations against registration from the evaluator and probation officer, the court ordered the youth to register as a sexual offender for life, citing the need to protect the public given the nature of the offenses and the youth’s position of trust.On appeal, the Supreme Court of the State of Montana considered whether the District Court abused its discretion in imposing the registration requirement. The Supreme Court held that the District Court acted within its discretion, finding substantial evidence supported the decision and that the court properly considered the statutory requirements and public interest. The Supreme Court affirmed the District Court’s order requiring the youth to register as a sexual offender. View "In re B.J.B." on Justia Law

Rodney Owen Skurdal, who is not a licensed attorney, attempted to represent Ronald Trow during Trow’s initial appearance in a criminal case in Yellowstone County Justice Court. Judge Jeanne Walker, presiding over the case, ordered Skurdal to vacate the defendant’s table and did not permit him to represent Trow, as Skurdal was not a member of the bar. Trow subsequently entered a plea of not guilty, and a public defender was appointed. Skurdal then filed a lawsuit in the Thirteenth Judicial District Court for Yellowstone County against Judge Walker, later joined by Yellowstone County as a defendant, alleging violations of his and Trow’s rights and advancing various arguments, including those associated with the “Sovereign Citizen” movement.The Thirteenth Judicial District Court dismissed Skurdal’s complaint with prejudice, holding that Judge Walker and Yellowstone County were protected by absolute judicial immunity for actions taken in the course of judicial duties. The court also found that Skurdal, as a non-lawyer, had no statutory or constitutional right to represent another individual in a criminal proceeding in Montana. The court denied leave to amend the complaint, finding that any amendment would be futile due to the immunity defense.On appeal, the Supreme Court of the State of Montana affirmed the District Court’s dismissal. The Supreme Court held that Montana law does not permit non-lawyers to represent others in criminal cases, and that Judge Walker’s actions were judicial acts performed within her jurisdiction, entitling her and Yellowstone County to absolute immunity from suit. The Court also concluded that the District Court did not err in denying leave to amend, as further amendment could not overcome the immunity bar. View "Skurdal v. Walker" on Justia Law

A child, J.B., was removed from her mother’s care in 2015 after reports of drug use by the mother. The Department of Public Health and Human Services initially dismissed its petition in 2018 after the father completed a treatment plan and J.B. was cared for by her paternal grandmother. In 2021, J.B. was again removed, this time from her paternal grandmother’s home due to allegations of sexual abuse by an uncle. Over the next several years, J.B. experienced multiple placements, including with relatives and in therapeutic foster care, while the Department attempted to provide services and reunification efforts. The mother’s engagement with the Department and her appointed counsel was sporadic, and she struggled with substance abuse and unstable living conditions.The Seventeenth Judicial District Court adjudicated J.B. as a youth in need of care and approved a treatment plan for the mother, who failed to comply with its requirements. The Fort Belknap Indian Community, recognizing J.B. as an Indian child under the Indian Child Welfare Act (ICWA), moved to transfer the case to tribal court. The father objected to the transfer, and the District Court denied the motion. The court later terminated both parents’ rights, finding that the Department made active efforts to reunify the family and that continued custody by the mother would likely result in serious harm to J.B. The mother appealed, arguing ineffective assistance of counsel, improper denial of the transfer to tribal court, and insufficient evidence for termination.The Supreme Court of the State of Montana affirmed the District Court’s decisions. It held that under ICWA, either parent’s objection to transfer to tribal court is an absolute bar, and the father’s written objection was sufficient. The Court found no ineffective assistance of counsel, as the mother’s lack of engagement prevented effective advocacy. Finally, the Court concluded that the District Court did not abuse its discretion in terminating the mother’s parental rights, as the statutory and ICWA requirements were met by evidence beyond a reasonable doubt. View "Matter of J.B., YINC" on Justia Law

The defendant was originally sentenced in 2003 in Lewis and Clark County, Montana, to 20 years with 16 years suspended. In 2008, after committing new offenses, he was sentenced in Yellowstone County to five years, to run concurrently with the Lewis and Clark sentence. In 2009, his suspended sentence in the Lewis and Clark case was revoked, and he was resentenced to 16 years with 11 years suspended. The Department of Corrections (DOC) treated the sentences as consecutive, not concurrent, based on statutory default. Over the years, the defendant repeatedly challenged the calculation of his sentences and the credit for time served, arguing that the sentences should have run concurrently and that he was entitled to additional credit for time served.The First Judicial District Court, Lewis and Clark County, most recently revoked the defendant’s suspended sentence in 2023, imposing an 11-year commitment with six years suspended, and granted him 62 days of credit for time served and 1,167 days of elapsed time credit. The defendant appealed, arguing that the court failed to award the proper amount of credit for time served, specifically for periods when he was incarcerated and for time when the sentences should have been running concurrently.The Supreme Court of the State of Montana held that the district court erred by not awarding the correct amount of credit for time served. The Court determined that, under Montana law and its own precedents, the revocation sentence could not be run consecutively to the earlier sentence, and the defendant was entitled to additional credit for time served. The Court reversed the district court’s order and remanded with instructions to amend the judgment to grant the defendant an additional 2,220 days of credit for time served, in addition to the credits already awarded. View "State v. Keech" on Justia Law

A sheriff’s deputy in Lake County, Montana, stopped the defendant after observing erratic driving and signs of intoxication. The defendant admitted to drinking, partially completed field sobriety tests, refused further testing, and ultimately provided a blood sample showing a high blood alcohol concentration. He was cited for felony DUI. At his initial appearance, the Justice Court set a preliminary hearing and released him on his own recognizance, but he remained incarcerated due to a probation violation from a prior offense. Lake County policy, based on state statutes, allowed up to thirty days for probable cause determinations for defendants not detained specifically on the new charge. The State filed an information twenty-one days after the initial appearance.The defendant moved to dismiss, arguing the delay in determining probable cause was unreasonable. The Twentieth Judicial District Court denied the motion, finding the delay reasonable. After a jury convicted the defendant of felony DUI, the District Court sentenced him to five years with the Department of Corrections, imposed a $5,000 mandatory minimum fine, and required continuous alcohol monitoring (SCRAM) as a parole condition. The defendant appealed, challenging the delay, the SCRAM condition, and the fine.The Supreme Court of the State of Montana held that the District Court did not abuse its discretion in finding the twenty-one-day delay reasonable, given the local policy and lack of prejudice to the defendant. The Supreme Court reversed the imposition of SCRAM as a parole condition, holding that no statute authorized such a condition, and remanded for the condition to be modified as a recommendation to the Board of Pardons and Parole. The Supreme Court also reversed the mandatory minimum fine, holding that under State v. Gibbons, such fines are unconstitutional without individualized assessment of ability to pay, and remanded for resentencing consistent with that requirement. View "State v. Vaska" on Justia Law

Jeannette F. Tasey failed to pay property taxes starting in 2017. In 2018, she applied for an elderly/disabled tax credit program, believing she did not need to pay taxes until her application was decided. On August 1, 2018, the Yellowstone County Treasurer issued a tax lien on her property, which was later assigned to Guardian Tax MT, LLC. Tasey mailed a check for the full amount on July 30, 2021, with an expected delivery date of July 31. However, the Treasurer received and processed the check on August 3, one day after the redemption period expired. The Treasurer rejected the payment and issued a tax deed to Guardian Tax, which then sued to quiet title and declare Tasey a trespasser.The Thirteenth Judicial District Court, Yellowstone County, granted summary judgment in favor of Guardian Tax, finding no genuine issue of material fact. The court found Tasey's assertion that the check was received on July 31 to be speculative and unsupported by evidence. Tasey appealed the decision.The Supreme Court of the State of Montana reviewed the case de novo. The court held that Tasey substantially complied with the redemption statute by mailing the payment in good faith, believing it would arrive before the deadline. The court emphasized that redemption statutes should be liberally construed to allow property owners to pay their debts and save their property. The court found that Tasey's actions met the substantial compliance standard and that there was no prejudice to Guardian Tax or the Treasurer’s Office. The court reversed the District Court's summary judgment and remanded the case for further proceedings. View "Guardian Tax v. Tasey" on Justia Law

David Wolfe owned property in Columbia Falls, Montana. In 2000, he executed a will leaving the property to his daughter, Wendy Rae Wolfe. In 2018, David signed a beneficiary deed transferring the property to his brother, Philip M. Wolfe. David passed away in 2023, and Wendy began residing on the property, believing it was hers per the will. Philip, however, claimed ownership based on the 2018 deed and issued a notice for Wendy to vacate.Wendy filed a pro se quiet title action in December 2023, alleging that the will conveyed the property to her and that Philip obtained the deed fraudulently, either by forging David’s signature or through undue influence. Philip counterclaimed for declaratory judgment and filed a motion for summary judgment. The District Court of the Eleventh Judicial District, Flathead County, granted summary judgment in favor of Philip, concluding that Wendy failed to produce a legally meaningful challenge to the deed.The Supreme Court of the State of Montana reviewed the case. The court found that Wendy presented sufficient evidence to raise genuine issues of material fact regarding undue influence and the validity of David’s signature on the deed. The court noted that Wendy’s evidence, including affidavits and personal knowledge of David’s intentions, was enough to warrant a jury’s consideration. The court concluded that the District Court erred in granting summary judgment to Philip and reversed the decision, remanding the case for further proceedings. View "In re Estate of David Wolfe" on Justia Law

Kenneth H. Kofler and Billee K. Reis share a minor child, A.V.R. In 2017, Kofler filed a Petition to Establish Parenting Plan in Flathead County District Court, Montana. At that time, Kofler lived in Vancouver, Washington, and Reis and A.V.R. lived in Kalispell, Montana. The court issued a final parenting plan in December 2018, which allowed Kofler to gradually increase his parenting time. In 2019, Kofler requested an amendment to the plan due to his inability to move to Kalispell. Subsequent allegations of abuse by Reis led to a criminal investigation, which did not result in charges. The court issued an interim parenting plan in November 2022, requiring reunification therapy for Kofler and A.V.R.Reis relocated to North Carolina without permission and filed for emergency custody there. The North Carolina court initially granted her request but later dismissed the action after communication with the Montana court, which refused to relinquish jurisdiction. The Montana District Court reaffirmed its jurisdiction and ordered reunification therapy. Reis appealed the court's refusal to transfer jurisdiction and its award of attorney’s fees to Kofler.The Montana Supreme Court reviewed the case. It affirmed the District Court's decision to retain jurisdiction, citing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The court found that Montana retained exclusive, continuing jurisdiction as there was no pending proceeding in another state. The court also noted that the North Carolina court could not accept jurisdiction while the Montana proceeding was active.However, the Montana Supreme Court reversed the District Court's award of attorney’s fees to Kofler, finding no statutory or contractual basis for such an award. The court emphasized that attorney’s fees are generally not recoverable without specific legal authority. View "In re Parenting of A.V.R." on Justia Law