Columns

“Equal justice under law” is such a foundational principle in our constitutional republic that the phrase is carved in stone above the entrance to the United States Supreme Court building in Washington, D.C.  Unfortunately, here in Montana, it appears that justice is not applied equally. In fact, at the Montana Supreme Court, there are two tiers of justice. There, justice is applied differently depending on the politics of the people in the courtroom. Two court cases, one cited as precedent in the other, illustrate this so vividly that two of Montana’s seven justices pointed it out to their five colleagues even as they instituted this two-tiered system. The f...

Excuse me as I ponder eternity — briefly. Like it or not, this is the essence of … uh, aging. As I wrote a year ago: “ …once you actually hit it — that three letter word, “old” — watch out: “An aged man (as William Butler Yeats pointed out, as he sai...

It seems like every day I open the newspaper and read a new decision issued by a Montana court. I’m not a lawyer, but it’s becoming apparent to me that our courts are increasingly out of control.  There have been many questionable decisions issued by our courts in recent years. One decisi...

My family and I are amusement park geeks. Always have been.  Non-amusement park aficionados see the long lines as a deterrent. Why spend so much time in line just waiting for the 90 seconds of roller coaster wonderment?  Seems like a waste. Admittedly, there is a lot of waiting time while ...

Montanans have always been serious about governing themselves in the way they see fit.  While we have a representative government—i.e. one in which we elect officials to represent, lead and act on our behalf in governing—Montanans have never ceded complete control over our lives, liberty and...

It takes a lot to surprise me anymore when it comes to politics or government. But suing to block funding for special needs kids to get an education that works for them? That’s a new low.  In case you missed the news in January, a lawsuit has been filed seeking to overturn the 2023 Legislature&...

We are in the ‘amore’ season of the year.  Love. Kisses. Hearts. Roses. Romantic cards. Candles. Champagne. A box of chocolates.  On February 14 we celebrate Valentine’s Day. Or, better put, some of us do. For many years, the day had personal significance to me because I ...

As a practicing lawyer, I am often reluctant to criticize decisions made by a court.  However, last week, the Montana Supreme Court rendered a decision involving legislative rules which is absolutely stunning. One of the basic principles of our system of government is the separation of powers. Under ...

On Feb. 8 (and in this newspaper issue), senator (and lawyer) Steve Fitzpatrick (R-SD 10) published a guest view in the Independent Record chastising the Montana Supreme Court for a “stunning” decision. The Senator’s litany of complaints included that the Court violated the separation of po...

I was sick last week. It felt like a long and miserable 12 days – and that was just Monday, Tuesday and Wednesday. I’m not good at being sick. Thankfully, I don’t get much practice. I’m one of those robust and healthy types. I like to joke that I’m too crabby to get sick; germs ...