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April 19, 2006

My lawyer can beat up your lawyer.

Have you ever heard of a motion for a fist-fight? It seems a defense attorney in Western Montana filed such a thing in a criminal case. You can read the motion and response here.

It's an interesting way to emphasize that you think the prosecutor is making a ludicrous argument, but as the dark goddess of replevin notes, the case appears to be quite serious. Apparently one of the authors of the motion has decided to move away from the town as a result of the case. It's hard to know what to make of the case from the published accounts other than that it stems from one seriously scary high school party and that this is one seriously frustrated defense attorney.

In other Montana criminal defense news, the Billings public defender who is currently serving a 30-day suspension of her law license was formally censured by the Montana Supreme Court. Of course the actions that led to the censure are confidential. We wouldn't want the public to know any more than it already does about lawyers behaving badly, now would we?

Finally, the Montana Public Defender Commission is meeting tomorrow and Friday to talk about attorney salaries (among other things). That means next week, if all goes as planned, they will be posting job openings on the state jobs website.

When I tell people I want to move to Montana I mostly get strange looks and silence. Before they can even think of a suitable question to ask I always add, “my family lives there.” This makes the explanation easy, but it's far from the only reason I want to live there (even if it is the most important reason). I sometimes get kind of annoyed with this knee-jerk “why Montana!?” response, but now I'm glad for it. If it means that fewer people will be competing for whatever jobs the State Public Defender posts next week, then people can be as “why Montana?” as they want.

Posted April 19, 2006 10:28 AM | Montana crimlaw


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Friends of ours visit Montana at least once a year, due to retired parents settling there, and all the reports that reach my ears are overwhelmingly positive.

And they're the one U.S. State that does not have employment-at-will. I'd go there, just for that little piece of humanity.

Posted by: zuska at April 19, 2006 01:55 PM

Just look them in the eye and aver in an incredulous tone, "It's Big Sky Country!" Certainly you have a ton of Montana trivia/lore at your disposal. Haul it out and batter them relentlessly with it at this point. These nosy parkers asked for it.

Posted by: Nance at April 19, 2006 05:10 PM

I'm sure it's not as bad as the reaction i get from Miami lawyers when I tell them I'm moving to Alaska.

They just give me a blank look, like they can't possible comprehend what it will be like up there.

Posted by: monica at April 22, 2006 07:23 PM

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