2001 Montana Legislature

About Bill -- Links

SENATE BILL NO. 109

INTRODUCED BY J. O'NEIL



A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE VII, SECTION 2, OF THE MONTANA CONSTITUTION TO REESTABLISH THE PRINCIPLE OF SEPARATION OF POWERS BETWEEN THE THREE BRANCHES OF GOVERNMENT AND TO GIVE THE CITIZENS OF MONTANA MORE EFFECTIVE CONTROL OVER THE STATE JUDICIARY BY AUTHORIZING THE LEGISLATURE TO MAKE RULES GOVERNING COURT PROCEDURES AND THE PRACTICE OF LAW AND TAKING THAT AUTHORITY AWAY FROM THE SUPREME COURT."



     WHEREAS, The Constitution of the State of Montana states in Article II, section 1, "Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole"; and

     WHEREAS, The Constitution of the State of Montana states in Article III, section 1, "Separation of powers. The power of the government of this state is divided into three distinct branches--legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted"; and

     WHEREAS, the Montana Supreme Court has held that legislative veto power is not extended to admission to the practice of law or for rules issued by the court relative to the practice of law or the conduct of lawyers and that under the present construction of Article VII, section 2, of the Montana Constitution, rules of appellate and civil procedure are subject only to disapproval by the Legislature after being legislated by the Supreme Court (see In re the Petitions of McCabe & Zeman, 168 Mont. 334, 544 P.2d 825 (1975)); and

     WHEREAS, some of the laws and rules relating to the conduct of the courts and the practice of law are not published in the Montana Code Annotated and some of them are not uniform throughout the state.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Article VII, section 2, of The Constitution of the State of Montana is amended to read:

"Section 2.  Supreme court jurisdiction. (1) The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such other writs as may be provided by law.

(2)  It Except as provided in subsection (3), the supreme court has general supervisory control over all other courts.

(3)  It may make The supreme court may recommend to the legislature the adoption of rules governing appellate procedure, and practice and procedure for all other courts, and admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation those who appear before the courts.

(4)  Supreme court process shall extend to all parts of the state."



     NEW SECTION.  Section 2.  Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 2002 by printing on the ballot the full title of this act and the following:

     [] FOR authorizing the legislature to make rules governing court procedures and the practice of law and taking that authority away from the supreme court.

     [] AGAINST authorizing the legislature to make rules governing court procedures and the practice of law and taking that authority away from the supreme court.

- END -




Latest Version of SB 109 (SB0109.01)
Processed for the Web on December 18, 2000 (2:42PM)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services

(406)444-3064