MONTANA ASS'N OF COUNTIES v. STATE

OP 17-0358.

404 P.3d 733 (2017)

2017 MT 267

MONTANA ASSOCIATION OF COUNTIES ("MACo"), Leo Gallagher, Adrian M. Miller, Montana Association of Criminal Defense Lawyers, and ACLU of Montana Foundation, Inc., Petitioners, v. The STATE of Montana, BY AND THROUGH Timothy C. FOX, in his official capacity as Attorney General, and Corey Stapleton, in his official capacity as Secretary of State, Respondents.

Supreme Court of Montana.

Decided: November 1, 2017.


Attorney(s) appearing for the Case

For Petitioners: Kyle Anne Gray , Brianne C. McClafferty , Holland & Hart LLP, Billings, Montana, James P. Molloy , Gallik, Bremer & Molloy, P.C., Bozeman, Montana (Attorneys for MACo) Alex Rate , Legal Director, ACLU of Montana Foundation Inc., Missoula, Montana (Attorney for ACLU of Montana Foundation, Inc.).

For Respondents: Timothy C. Fox , Montana Attorney General, Dale Schowengerdt , Solicitor General, Rob Cameron , Deputy Attorney General, Helena, Montana.

For Amici: Maxon R. Davis , Tyler C. Smith , Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, Montana, Kathleen M. Sullivan (Pro Hac Vice), Christine H. Chung (Pro Hac Vice), Quinn, Emanuel, Urquhart & Sullivan, LLP, New York, New York (Attorneys for Marsy's Law for Montana, LLC) Martha Sheehy , Sheehy Law Firm, Billings, Montana (Attorney for "The Montana Newspapers") William V. Ballew , Spoon Gordon Ballew PC, Missoula, Montana (Attorney for National Crime Victim Law Institute) Lawrence A. Anderson , Attorney at Law, P.C., Great Falls, Montana James H. Goetz , Goetz, Baldwin & Geddes P.C., Bozeman, Montana (Attorneys for Constitutional Convention Delegates, Retired Montana Supreme Court Justices and Law Professors).


OPINION AND ORDER

¶ 1 Petitioners challenge the constitutionality of Constitutional Initiative 116 (CI-116), commonly known as Marsy's Law, in an original petition for declaratory judgment and injunctive relief. The merits of CI-116 and the policy choices behind...

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