Montana Legislature appeals decision to U.S. Supreme Court by Montana Supreme Court referring to 14e Modification of due process violations in a case between two branches of state government, the legislative branch and the judicial branch.
The KGVO spoke to State Senator Greg Hertz (R – Polson) about it as he visited Washington, DC with his family, ironically not far from the United States Supreme Court.
âWe were looking for the emails because it came to the attention of the legislature around April 1 that Supreme Court justices, as well as (Montana Supreme Court Administrator) Beth McLaughlin, were questioning from other state judges on the legislation, âHertz said. “And so, it’s a matter of our justice system and making sure it protects everyone’s rights.”
Hertz explained the importance of the emails in question.
“We were interested in what those emails were saying because if they objected to any particular legal issues that we might have, we would end up in front of them, in their court,” he said. “How could they make a decision when they have already made a decision?” So that’s where it all started.
Hertz said there was a fundamental conflict of interest between the Supreme Court and the state legislature.
“One of the biggest problems with this particular appeal to the United States Supreme Court is basically the principle that no one can be a judge in their own case,” he said. “I mean, this is a founding principle of due process in our system, which is why we are heading to the Supreme Court of the United States.”
Hertz said he hoped the U.S. Supreme Court could enforce the legislature’s subpoenas and force the Montana Supreme Court to challenge the emails.
“I’m not entirely sure what the Supreme Court ruling would say other than that the Montana Supreme Court erred in its ruling and the subpoenas are valid,” he said. declared. âThen I guess we can work the whole process. We have always wanted to work directly with the court. I mean, all we want to do is see some of these emails and if they want to redact some of the information, if they think there is any private confidential information that could do with these cases. , we never want to see that. We just wanted to look at the relationship between judges and poll information and what they were talking about regarding current legislation. “
The KGVO has reached out to Randy Cox, the attorney representing Supreme Court Administrator Beth McLaughlin for a response to the legislature’s appeal to the United States Supreme Court.
“What the legislature is asking the court to do is review the decisions that have been made by the Montana Supreme Court on legislative subpoenas,” Cox said. âThis is a discretionary review by the Supreme Court of the United States. The first step to consider, therefore, is whether the United States Supreme Court will even consider the case. “
Cox said he and his client were awaiting the court’s response to the request to be heard by the state legislature.
“We have made it clear from the start that we respect the court system, we respect the courts, we respect the rule of law, we respect court orders, and we look forward to the United States Supreme Court’s resolution on this. first question which is to know if it will even support the petition of the legislature â, he declared.