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Montana Judicial Oversight

Montana Judicial Oversight

317 signatures 183 to reach 500
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Ciara R. signed
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Jerome A. signed
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Barbara C. signed
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aFatherFightingForHisChildren signed
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Sherry t. signed
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Megan M. signed
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Karman T. signed
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Jacklyn c. signed
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Jacek D. signed
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Elizabeth W. signed
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Started by Montana Citizens Council on Judicial Accountability 4 years, 5 months ago








Qui Tacit Consentit - "Silence implies consent".

PLEASE sign, send, and share this Petition if you so agree


RESTRUCTURE THE MONTANA JUDICIAL STANDARDS COMMISSION (JSC)

Fact: The Judicial Standards Commission oversees grievances against judges!

Fact: The JSC is comprised of only 5 people, chaired/ran by two district judges!

Fact: Our states judiciary self-disciplines. They oversee themselves!

Fact: The JSC dismisses over 98% of grievances by Montana Citizens! *

Fact: The JSC is a child of the Legislature (We The People), not the judiciary!

Fact: There is a complete lack of accountability within our judiciary!

THE CONSTITUTION OF THE STATE OF MONTANA

Article VII, Part VII, Section 11: The legislature shall create a judicial standards commission consisting of 5 persons and provide for the appointment thereto of two district judges, one attorney, and two citizens who are neither judges nor attorneys.

THE MONTANA CODE ANNOTATED (Our Statutes/laws)

Title 3, Chapter 1, Part 11, section 1101(1,2,&3): There is created a judicial standards commission consisting of 5 members as follows: (1) two district court judges,,,,elected by district judges....certified by the chief justice....and confirmed by the senate. (2) One attorney....appointed by the supreme court.....and confirmed by the senate. (3) Two citizens...appointed by the governor....and confirmed by the senate.

Article III, Part III, Section 1: Separation of powers. The powers of the government of this state is divided into three distinct branches-legislative, executive, and judicial. No person or person's charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either or the others, except as in this Constitution expressly directed or permitted.

Nowhere in our Constitution does it allow our legislature the authority to give the JSC appointment process to our judiciary. 3 of the 5 members (60%) of the commission are currently elected and appointed by members of our judiciary by way of Title 3 above. Article V, above, mandates that our LEGISLATURE "provide for the appointments". Therefore, our LEGISLATURE can, and must, remove any and all appointment processes to the JSC from the judiciary. We propose an amendment to our statute because of this conflict.

Furthermore, we propose an amendment to the Montana Constitution to provide for 10 citizens, one retired judge, and one attorney to be members on the JSC, rather than only 5 members.

This Petition is in regard to Montana's Law and Justice Interim Committee study of HJ40, "The judicial standards commission study & audit request". The JSC oversees grievances against judges and is comprised of only 5 people: 2 district court judges (co-chair), one attorney, and two citizens. In essence we have our judiciary "self-disciplining", or overseeing itself. Judges overseeing their peers. We The People are proposing the JSC be Constitutionally and statutorily revamped into a Citizens Oversight Commission of 10 to 12 Montana citizens, including a retired judge.

Originally, House Bill (HB) 685 was brought during the 2021 legislative session. Its purpose was to restructure the Montana judicial standards commission. It moved out of the House Judiciary Committee to a second reading on the House floor the very next day. It was viciously attacked and lobbied against by the Montana Judges Association and the Bar Association. They are clearly opposed to accountability. The JSC has a 98% + grievance dismissal rate, and the less than 2% that are 'censured' are only sent a private letter of reprimand.

When a judge purposely usurps or breaks the law, or violates judicial canon of ethics, they need to be dealt with harshly, just as our courts deal harshly with citizens who violate the law. When our oversight agencies are negligent...do we really have any laws? Innocent people and families are being victimized by our modern judiciary because of lack of oversight.

Please support the restructuring of OUR judicial standards commission by signing this petition.

Updates

Reached 250 supporters

March 4, 2022

Reached 100 supporters

February 10, 2022

100 Comments

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Sally Tucker
4 years ago Featured

We the People demand accountability from the Judiciary. This is a long overdue correction to Commission that has become increasingly lawless and corrupt.

L
Lee Evatt
4 years ago Featured

We the People are the top level of government so there should be an over site committee made up of we the people to ensure the constitution is followed by all.

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Peter Thompson
4 years ago Featured

Legal scholars report that Montana has the worst supreme court. Our judiciary's current privilege of self discipline is failing to maintain the integrity of our judicial system.

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Raye Newmeyer
4 years ago Featured

Change is needed now. Why? Montana's judiciary self-disciplines. The JSC dismisses over 98% of grievances by Montana Citizens! Please sign this petition for change.

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Amanda Gentle
1 year ago Featured

Judge West in Bozeman, Montana is a crooked individual that impeded justice by denying me my constitutional right to a fair hearing and violated Montana law by not recording my hearing or allowing me to prove my case.

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Caitlin Roark
2 years ago Featured

I have first hand knowledge of the exploitation of judicial misconduct that has been ignored by anyone in a position to remedy the situation. It is inexcusable to allow the buddy system to be the only accountability for those who weild unlimited power over the lives of citizens. Its like having the fox guard the hen house. Absolute power corrupts absolutely.

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Ciara Rehbein
1 month ago

Our Family Court system is so severely broken. The lawyers see it. They community sees it. The children involved see it. The rules and boundaries am of the law is being rewritten by judges. Our legislature cannot cure the defects in our precedents. Family are broken. Prejudiced, and decent parents are destroyed by false documents, false narratives, and it accepted by the courts. The place we go looking for the relief is a trap designed to entertain and reward chaos, and cure violations through compounding the errors.

J
Jerome Amundson
1 month ago

I have a friend struggling with problems of this nature

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