Gallatin County Ex Rel. County Commissioners v. Montana Eighteenth Judicial District Court

930 P.2d 680, 281 Mont. 33, 54 State Rptr. 46, 1997 Mont. LEXIS 7
CourtMontana Supreme Court
DecidedJanuary 3, 1997
Docket94-437
StatusPublished
Cited by11 cases

This text of 930 P.2d 680 (Gallatin County Ex Rel. County Commissioners v. Montana Eighteenth Judicial District Court) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gallatin County Ex Rel. County Commissioners v. Montana Eighteenth Judicial District Court, 930 P.2d 680, 281 Mont. 33, 54 State Rptr. 46, 1997 Mont. LEXIS 7 (Mo. 1997).

Opinions

[36]*36JUSTICE GRAY

delivered the Opinion of the Court.

This case originated in this Court on the application of relator Gallatin County for a writ of supervisory control seeking relief from the Order to Provide Facilities issued by the Honorable Larry W. Moran, Eighteenth Judicial District Court, Department II, Gallatin County, in August of 1994. The Order directed the Gallatin County Sheriff (Sheriff) to take possession of a specified area on the second floor of the Gallatin County Law and Justice Center (Center) for use as a jury room and to obtain the necessary architectural and construction services to remodel the area. It also ordered that, after certification by Judge Moran, the costs for all related services would be paid out of the Gallatin County general fund.

Gallatin County requested that we accept jurisdiction to protect it from participating in extended and needless litigation and that we dismiss and declare void Judge Moran’s Order to Provide Facilities on the grounds that Judge Moran lacked authority to issue it. The respondents, the Eighteenth Judicial District Court and Judge Moran (collectively, Judge Moran), agreed that we should accept supervisory control, but contended that we should then refer the case to a neutral district court judge for creation of an evidentiary record and resolution of factual issues.

An original proceeding in this Court for a writ of supervisory control, or other remedial writ or order, is “sometimes justified by circumstances of an emergency nature, as when a cause of action or a right has arisen under conditions making due consideration in the trial courts and due appeal to this court an inadequate remedy. ...” Rule 17, M.R.App.P. Supervisory control is appropriate when constitutional issues of major statewide importance are involved, the case involves purely legal questions of statutory and constitutional construction, or urgency and emergency factors exist, making the normal appeal process inadequate. See Plumb v. Fourth Judicial District Court (1996), [279 Mont. 363], 927 P.2d 1011, 1014-15.

We concluded that supervisory control was appropriate in this case because of the statewide importance of the legal issue presented: namely, whether Judge Moran had authority — pursuant to statute or the Montana Constitution — to issue the Order to Provide Facilities under the circumstances extant at the time. Moreover, it was clear that urgency and emergency factors existed, not the least of which was the interest of the Gallatin County taxpayers in avoiding ex[37]*37tended litigation beginning at the trial court level. Thus, we accepted original jurisdiction.

We also determined that an evidentiary hearing before a neutral district court judge was necessary to develop a factual record and more clearly define the legal issues. To that end, we ordered the parties to agree in writing on a district court judge to assume jurisdiction and hold an evidentiary hearing. We instructed the agreed-uponjudge to determine the “suitability’ ofboth the jury room facilities proposed by Gallatin County on the third floor of the Center and the alternative facilities ordered by Judge Moran on the second floor, and to file findings of fact and conclusions of law.

The Honorable Kenneth R. Wilson subsequently assumed jurisdiction. Judge Wilson held a hearing at the Center on February 2 and 3, 1995, and, thereafter, filed findings and conclusions with this Court.

Judge Wilson found that the current jury room facilities utilized by Judge Moran on the second floor of the Center are “totally unsuitable” for a number of reasons, which we discuss later. He further found that Gallatin County’s proposal to put Department II’s jury room facilities on the third floor did not adequately address the problems with the current facilities, primarily due to the distance between Department II’s courtroom on the second floor of the Center and the proposed third-floor site for the jury room. Finally, Judge Wilson found that Judge Moran’s request for jury room facilities on the second floor was reasonable, would address the problems with both the current jury room and the Gallatin County proposal, and could be accomplished for a nominal renovation expense. On those bases, Judge Wilson concluded — although the conclusion was denominated a finding — that Judge Moran’s Order to Provide Facilities was authorized by, and within the purview of, § 3-5-404, MCA.

After Judge Wilson’s findings and conclusions were filed with this Court, the parties briefed and orally argued the issues. Both Gallatin County and Judge Moran addressed Judge Moran’s authority to issue the Order to Provide Facilities under § 3-5-404, MCA, and the Montana Constitution. Because we hold that § 3-5-404, MCA, authorized Judge Moran’s Order to Provide Facilities, we need not address in this case the tension between a court’s inherent authority and the constitutional separation of powers between the judicial and legislative branches of government.

We address the following issues:

1. Did Judge Moran have authority pursuant to § 3-5-404, MCA, to issue the Order to Provide Facilities?

[38]*382. Are Judge Wilson’s findings of fact regarding the suitability of Department II’s existing jury room, the third-floor space designated by Gallatin County, and the second-floor space designated in Judge Moran’s Order clearly erroneous?

FACTUAL BACKGROUND

The Center is a three-story building in Bozeman, Montana, which houses the courtrooms and chambers for Departments I and II of the Eighteenth Judicial District Court. The courtroom and chambers for Department I, the Honorable Thomas A. Olson (Judge Olson) presiding, are located on the third floor; Judge Moran’s courtroom and chambers for Department II are on the second floor. The Clerk of the District Court, County Attorney, Sheriff and Youth Probation offices also are located in the Center. The Sheriff’s office previously was located on the second floor across from Judge Moran’s courtroom and it is that office space which Judge Moran ordered taken and remodeled for use as the Department II jury room.

Department II has been located on the second floor of the Center since approximately 1980, when the Honorable Joseph Gary (Judge Gary), Judge Moran’s Department II predecessor, was presiding. Since taking office in August of 1989, Judge Moran has considered the current jury room facilities grossly inadequate.

Department IPs facilities include Judge Moran’s chambers, a courtroom, an office for the court reporter and a jury room. The jury room is windowless and measures approximately fourteen by eighteen feet. It also serves as the office for Judge Moran’s law clerk who, at all times pertinent to this case was Helene Orenstein (Orenstein), and as a mediation and settlement conference room. The room contains file cabinets, Orenstein’s computer work center, a refrigerator and a table and chairs for jurors. Juror bathroom facilities open directly onto the jury deliberations area; the bathroom facilities do not comply with standards required by the Americans with Disabilities Act (ADA).

The Center was severely damaged by a fire in September of 1990 and Gallatin County received insurance proceeds for the fire damage. Gallatin County intended to remodel the Center with the insurance proceeds and money from the City of Bozeman which, combined, totaled approximately $1,400,000.

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Cite This Page — Counsel Stack

Bluebook (online)
930 P.2d 680, 281 Mont. 33, 54 State Rptr. 46, 1997 Mont. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallatin-county-ex-rel-county-commissioners-v-montana-eighteenth-judicial-mont-1997.