No. 21-859

The Montana State Legislature, et al. v. Beth McLaughlin

Lower Court: Montana
Docketed: 2021-12-09
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: conflict-of-interest due-process fourteenth-amendment judicial-bias judicial-ethics judicial-independence judicial-recusal legislative-investigation legislative-oversight recusal separation-of-powers
Key Terms:
DueProcess
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the refusal by the Justices of the Montana Supreme Court to recuse from a case in which they harbored direct, substantial, and admittedly disqualifying interests violates this Court's rule under the Due Process Clause of the Fourteenth Amendment that no man may be a judge in his own cause

Question Presented (OCR Extract)

QUESTION PRESENTED When emails surfaced showing numerous Montana judges engaged in unethical and prejudicial behavior, the Montana State Legislature began investigating and ultimately issued subpoenas to the Court Administrator and the Justices of the Montana Supreme Court. The Court Administrator sued in the Montana Supreme Court to quash the subpoenas. After a flurry of procedural irregularities, the Montana Supreme Court quashed the legislative subpoenas—including those issued to themselves. The Legislature moved to disqualify the Justices on due process grounds. The court denied that motion, and then issued a wide-ranging opinion clearing itself of any wrongdoing and eviscerating the Legislature’s investigative powers. The question presented is: Whether the refusal by the Justices of the Montana Supreme Court to recuse from a case in which they harbored direct, substantial, and admittedly disqualifying interests violates this Court’s rule under the Due Process Clause of the Fourteenth Amendment that no man may be a judge in his own cause.

Docket Entries

2022-03-21
Petition DENIED.
2022-03-02
Reply of petitioners Montana State Legislature, et al. filed. (Distributed)
2022-02-23
DISTRIBUTED for Conference of 3/18/2022.
2022-02-09
Brief of respondent Beth McLaughlin in opposition filed.
2022-01-10
Brief amicus curiae of Governor Greg Gianforte filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2022.
2021-12-16
Motion to extend the time to file a response from January 10, 2022 to February 9, 2022, submitted to The Clerk.
2021-12-06
Petition for a writ of certiorari filed. (Response due January 10, 2022)

Attorneys

Beth McLaughlin
Randy J. CoxBoone Karlberg P.C., Respondent
Randy J. CoxBoone Karlberg P.C., Respondent
Governor Greg Gianforte
Anita Yvonne MilanovichOffice of the Governor, Amicus
Anita Yvonne MilanovichOffice of the Governor, Amicus
The Montana State Legislature, et al.
David Morgan Steven DewhirstOffice of the Solicitor General, Petitioner
David Morgan Steven DeWhirstOffice of the Solicitor General, Petitioner