[Download] "Sparks v. Johnson" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Sparks v. Johnson
- Author : Supreme Court of Montana
- Release Date : January 06, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
49 St.Rep. 124 OPINION AND ORDER This is an original proceeding arising out of a criminal theft prosecution in the City Court of Whitefish, Montana. Petitioners Karen Sparks, the defendant in that proceeding, and Jerry O'Neil seek declaratory and injunctive relief, including a writ of mandamus. They request this Court's declaration that O'Neil and other non-attorneys similarly situated have the right, pursuant to 25-31-601 and 37-61-210, MCA, to act as attorneys in Montana courts of limited jurisdiction on a regular and recurring basis. The Office of the Attorney General responded, as did Whitefish City Judge Brad Johnson. The petition before us raises the question of lay representation in Montana's courts of limited jurisdiction. While it is clear that Article VII, 2(3) of the 1972 Montana Constitution vests exclusive jurisdiction in this Court to make rules governing practice in all Montana courts, we have not heretofore comprehensively addressed this issue which now is arising with increasing frequency. Because of the statewide importance and implications of the issue, we accept original jurisdiction of this petition pursuant to Article VII, 2(1) of the 1972 Montana Constitution, and the procedures set forth in Rule 17 of the Montana Rules of Appellate Procedure, in order to provide guidance on the question of lay representation to the courts of limited jurisdiction throughout the state.