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JONES v. JUDGE

No. 14206.

577 P.2d 846 (1978)

Lewis R. JONES and Ralph L. Herriott et al., Plaintiffs and Petitioners, v. Hon. Thomas L. JUDGE, Governor of the State of Montana et al., Defendants and Respondents.

Supreme Court of Montana.

Decided April 17, 1978.

Attorney(s) appearing for the Case

Ralph L. Herriott, argued, Hysham, John L. Adams, Jr., Billings, Douglas Y. Freeman, Hardin, Weymouth D. Symmes, Billings, Judge Charles B. Sande, argued, Billings, for plaintiffs and petitioners.

Michael T. Greely, argued, Atty. Gen., Helena, Mike McGrath, argued, Asst. Atty. Gen., Helena, Judge W.W. Lessley, argued, Bozeman, for defendants and respondents.

PETER G. MELOY, District Judge.

This is an original proceeding seeking a declaratory judgment from this Court on the constitutionality of section 93-710, et seq., R.C.M. 1947.

These statutes provide in part that individuals nominated for judicial vacancies be confirmed by the Senate, but that a nomination made while the Senate is not in session is effective as an appointment, until the end of the next session.

This controversy arose after the judicial...

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