STATE EX REL. SMARTT v. JUDICIAL STANDARDS COMMISSION

No. 01-768.

50 P.3d 150 (2002)

2002 MT 148

The STATE of Montana, ex rel., Michael S. SMARTT, Petitioner and Appellant, v. JUDICIAL STANDARDS COMMISSION and its Members, Honorable John Warner, Chairman; Victor F. Valgenti; Barbara Evans; Patty Jo Henthorn; and Honorable Ed McLean; and Staff, Respondents and Respondents.

Supreme Court of Montana.

Decided July 2, 2002.


Attorney(s) appearing for the Case

Channing J. Hartelius, Hartelius, Ferguson, Baker & Kazda, and Michael S. Smartt, Great Falls, Montana, for Appellant.

Stanley T. Kaleczyc, Browning, Kaleczyc, Berry & Hoven, Helena, Montana, for Respondent.


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Michael S. Smartt (Smartt) appeals the Order of the First Judicial District Court modifying a writ of prohibition to allow the Judicial Standards Commission to cure ministerial defects before commencing formal proceedings regarding alleged violations of the Canons of Judicial Ethics. We affirm.

¶ 2 We consolidate the issues raised by Smartt on appeal as follows:

¶ 3...

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