Montana
Supreme Court clears way for override poll of vetoed marijuana funds bill • Daily Montanan
The Montana Supreme Court on Friday afternoon denied the State of Montana’s request to pause a lower court decision ordering the governor and secretary of state to send out an override poll for a marijuana fund redistribution bill Gov. Greg Gianforte vetoed at the end of the 2023 legislative session.
Gianforte and Secretary of State Christi Jacobsen officially filed their notice of appeal on Wednesday of Lewis and Clark County District Court Judge Mike Menahan’s district court rulings, which said the two officials have “interrupted the political process in an impermissible way” by blocking a chance for lawmakers to override the Senate Bill 442 veto.
On Thursday, the two defendants asked the Supreme Court to pause Menahan’s order pending the full appeal, arguing that if the override poll was sent out and lawmakers override the veto, their legal claims will be rendered moot.
But the justices disagreed, saying attorneys for Gianforte and Jacobsen have not proven that is the case, and saying the court is certainly able to address the appeal of Menahan’s ruling on veto procedure while a poll is conducted.
At issue is whether to change how revenue from recreational marijuana taxes is distributed. A supermajority of lawmakers, including both Democrats and Republicans, supported the idea of allocating more of the revenue toward outdoor and wildland habitat acquisition and distributing it to counties for road improvement, ideas which Gianforte rejected.
“Because the fate of SB 442 could ultimately go either way, a stay denial does not moot Appellants’ appeal. Appellants have not demonstrated irreparable harm,” six justices wrote in Friday’s unanimous opinion. The only justice who did not sign the opinion was Dirk Sandefur.
The justices did allow the appeal to proceed, but the high court’s order means that the governor will have to send his veto message to Jacobsen, who will have to send out an override poll to lawmakers by March 19, next Tuesday, per Menahan’s order.
“We are thankful to the Montana Supreme Court for upholding the constitution and requiring the governor and secretary of state to issue the override poll with haste,” said Noah Marion, the political and state policy director for Wild Montana, one of three plaintiff groups in the case that helped craft the bill last year. “We look forward to helping Sen. (Mike) Lang and the Legislature finally make SB 442 law; sending millions of dollars across Montana benefitting infrastructure, veterans, mental health, agriculture and timber industries, wildlife, public access, hunter and anglers.”
Once the override poll is sent out next week, it will have been more than 10 months since Gianforte vetoed the bill, sponsored by Sen. Mike Lang, R-Malta, which passed with 130 votes out of 150 possible, in what would be the final hours of the legislative session.
Senators did not learn the bill had been vetoed until they adjourned sine die last May 2, causing a storm of confusion among lawmakers and lobbyists who worked for months to get the bill into its final form and brought in a wide range of supporters on the industry side and among lawmakers because it both put more money toward a Habitat Legacy conservation program and funded county road maintenance.
Competing bills supported by the governor and some Republicans sought to put more money toward the Department of Justice and the General Fund but were pushed aside by lawmakers in favor of the final version of SB 442.
The question at the heart of Gianforte’s veto was whether he properly vetoed the bill while the full Legislature was still in session or not, as his office had said he vetoed the bill before the Senate adjourned, but the veto message was never read across the Senate rostrum where the bill originated. The governor and a legal opinion from the code commissioner each maintained that since the House was still in session, the full body was in session.
But the plaintiffs – Wild Montana, the Montana Association of Counties, and the Montana Wildlife Federation – sued to challenge their stance, saying lawmakers must have an opportunity to override a veto, and had not gotten one.
After hearing arguments in the case in December, Menahan in January ordered Gianforte to transmit the veto to the Secretary of State and for her to send the override poll out to lawmakers. Two-thirds of the Legislature will have to vote to override the veto for it to be successful.
The governor balked at the order, asking Menahan to pause his own order in February. But Menahan also denied the stay request, saying time was running out before the 2025 session starts and the lawmakers must have the chance to vote on an override or the “crucial balance of powers” will be upset between the branches of government.
“Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” Menahan wrote in the order earlier this month. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.”
The Governor’s Office had told the Daily Montanan in February it planned to appeal Menahan’s Janaury decision to the Supreme Court, but it did not file that notice until this week, along with the request for the stay.
The Supreme Court’s four-page opinion returned one day after the request for the stay says the court can get to the bottom of the constitutional veto issues without one.
“Although the Legislature must vote on whether to override SB 442, the outcome of the underlying appeal will determine whether the District Court’s ruling was correct, and therefore whether the governor’s veto ultimately stands over the Legislature’s vote,” the justices wrote. “This Court can address the underlying issue in due course regardless of whether we issue a stay.”
The court’s ruling clears the way for the groups and Lang to try to keep hold of the strong bipartisan support they received for the bill at the end of last year’s session. The governor’s request for a stay postulated that perhaps support has waned in the months since the session. But the plaintiffs in the case say they are pleased that they will have the opportunity to prove that theory wrong.
“Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process,” said MACo Executive Director Eric Bryson. “We appreciate and commend the Supreme Court for promptly addressing the matter.”
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Montana
US Attorney announces dismantling of meth-trafficking ring based on Crow Reservation • Daily Montanan
Twenty-seven people were convicted as part of a broad meth and fentanyl-trafficking ring based on the Crow Indian Reservation but tied to three other reservations in Montana, as well as Washington state and Mexico, Montana’s U.S. Attorney announced Thursday.
U.S. Attorney for the District of Montana Jesse Laslovich said the operation to target the drug-trafficking ring Spear Siding was one of the largest drug trafficking investigations in Montana in recent years. It started in June 2022 and ended in a raid in April 2023. Laslovich announced the convictions at a news conference in Billings on Thursday.
According to the U.S. Attorney’s Office and federal court documents, two homes on the Crow Reservation, one of them called Spear Siding, where some of the top dealers lived, were the center of the trafficking ring and dealt meth on the Crow and Northern Cheyenne reservations in southeastern Montana.
But the ring also expanded to Rocky Boy’s and the Fort Belknap reservations and into Billings and Havre. The conspirators would trade drugs for pounds of meth and guns at the Spear Siding property, and sent proceeds from the drug sales to Washington, California, and Mexico, the U.S. Attorney’s Office said.
“The Spear Siding trafficking organization moved onto the Crow and Northern Cheyenne Reservations to exploit and prey on persons addicted to meth and fentanyl, all due to greed. While meth and fentanyl distribution impacts all of Montana, these drugs continue to disproportionately devastate Indian Country,” Laslovich said in a statement. “As this Spear Siding investigation shows, Montana’s Indian reservations are not a safe haven for out-of-state traffickers who think they can move in, set up shop, and enlist local residents to peddle drugs.”
Twenty-seven people pleaded guilty to drug trafficking, firearms crimes, or both, his office said. Two alleged co-conspirators are still on the run, including one of the top-level people behind the operation.
Wendell Lefthand and his sister Frederica Lefthand, who both lived at the Spear Siding home, each had a hand in running the operation. Wendell Lefthand initially was running the operation along with one of the now-fugitives, whom he met through a meth distributor in Washington. That unnamed co-conspirator moved to the Spear Siding home, after which “business started booming,” according to the U.S. Attorney’s Office.
Wendell Lefthand was arrested in June 2022 on a different charge, and his sister took over the Montana operation, dealing “pounds and pounds and pounds” of meth, according to court documents.
She and the co-conspirator allegedly built an operation that sent hundreds of pounds of meth to the Crow and Northern Cheyenne reservations to be distributed to lower-level dealers.
The Drug Enforcement Administration, Federal Bureau of Investigation, and Bureau of Indian Affairs conducted and assisted with the investigation.
“Cartel members preyed on an already vulnerable population, further fueling the drug crisis on Montana’s Indian Reservations, and employing members of the community to peddle poison to their own people,” Salt Lake City FBI Special Agent in Charge Shohini Sinha said in a statement. “Too many lives have been lost to illicit drugs. Too many families have suffered. The FBI and our partners will not stop pursuing criminals harming our communities.”
The 27 people convicted received the following sentences, according to the U.S. Attorney’s Office:
- Wendell Lefthand, of Lodge Grass: 180 months in prison
- Frederica Lefthand, of Lodge Grass: 288 months in prison
- Roderick Plentyhawk, of Billings: 300 months in prison
- Carly Joy James, of Billings: 84 months in prison
- Jeffrey Prettypaint, of Crow Agency: 60 months in prison
- Darlon Richard Lefthand, of Billings: 84 months in prison
- Keilee Shambrae Diaz, of Hardin: 12 months, one day in prison
- Zachary Douglas Bacon, of Garryowen: time served
- Morgan Luke Hugs, of Hardin: 48 months in prison
- Anthony Springfield, of Hardin: time served
- Haley James, of Billings: time served
- John Littlehead, of Billings: 48 months in prison
- Marianna Wallace, of Omak, Washington: 36 months in prison
- Yvon Lopez Flores, of Omak, Washington: 48 months in prison
- Jacklyn Littlebird, of Lame Deer: time served
- Adrienne LaForge, of Lame Deer: 24 months in prison
- Geofredo James Littlebird, of Lame Deer: pending sentencing
- Nancy Hartsock, of Billings: 72 months in prison
- Joe Simpson, of Lame Deer: 240 months in prison
- Melanie Bloodman, of Billings: time served
- Renita Redfield, of Lodge Grass: 63 months in prison
- Daniel Jiminez-Chavez, of Omak, Washington: 84 months in prison
- Sayra Longfox, of Lodge Grass: pending sentencing
- Emma King, of Lame Deer: pending sentencing
- Antonio Infante, of Brewster, Washington: 128 months in prison
- Elisha Felicia, of Wyola: 60 months in prison
- Nicole Schwalbach, of Billings: 120 months in prison
Montana
Man who carried out armed robbery with no pants on at Montana gas station jailed
A man who carried out an armed robbery at a Montana gas station while wearing no pants has now been jailed.
The bizarre robbery unfolded on October 16 2023 when Samuel James Collins barged into a Town Pump gas station in Townsend, near Great Falls, wearing a hooded blanket coat, but no pants or shoes, and fired a round from a pistol, prosecutors said.
Collins, 34, then demanded money from two employees who handed over roughly $330 in cash, before he fled the scene in a pickup truck.
The entire incident was captured on surveillance footage, showing the armed robber’s unusual choice of attire.
Just 20 minutes after fleeing the scene, the 34-year-old was tracked down by Meagher County Sheriff’s Office deputies and taken into custody.
Officers found a loaded 9mm pistol, $329 in cash and a shell casing inside his truck.
A bullet and shell casing recovered from the gas station were found to match the pistol, prosecutors said.
Collins pleaded guilty in July to possessing and discharging a firearm during a crime of violence, according to the US Attorney’s Office for the District of Montana.
On Wednesday, he was sentenced to 10 years in prison followed by three years of supervised release.
Montana
Judge hears arguments over effort to block Montana rule barring sex designation changes • Daily Montanan
A district court judge in Helena heard arguments Thursday afternoon from attorneys seeking a preliminary injunction on behalf of two transgender Montanans who argue that a rule from the state public health department preventing them from changing their government documents to denote their gender instead of their birth sex is unconstitutional.
ACLU of Montana attorney Alex Rate told Lewis and Clark County District Court Judge Mike Menahan that the Department of Public Health and Human Services’ rule finalized in February essentially prohibits transgender Montanans from changing the sex designations on their birth certificates.
He argued that the state Motor Vehicle Division is not allowing the plaintiffs, Jessica Kalarchik and Jane Doe, to change their sex designations on their driver’s licenses because they are unable to change those designations on their birth certificates in the first place.
Rate used the words of Missoula County District Court Judge Jason Marks when he struck down a bill to prohibit youth from receiving gender-affirming care in September 2023.
“The purported purpose given for these policies is disingenuous. It seems more likely that the policy’s purpose is to ban an outcome deemed undesirable by the State of Montana. This conduct is replete with animus towards transgender persons,” Rate said, citing Marks’s order.
The state, represented by the Attorney General’s Office, argued that sex and gender are not interchangeable, and that court precedent recognizes sex as a binary of male and female.
The plaintiffs are asking the court to issue an injunction barring DPHHS from enforcing its rule and the MVD from not changing sex designations on driver’s licenses, which has not been introduced as a written policy but one which the plaintiffs’ attorneys say is being enforced on the ground.
They are also seeking to certify a class of transgender Montanans in what they hope will become a class-action lawsuit protecting the rules from being enforced for all current and future transgender Montanans who want to change their birth certificates and IDs or driver’s licenses.
Marks said issuing a preliminary injunction would restore the status quo in place in 2017, when Montanans were allowed to change their sex designations without issue. He said that even though a 2021 law that was similar to the DPHHS rule finalized this year was struck down as unconstitutional, the department was in 2023 found to be in contempt of court for “openly and repeatedly” defying the injunction.
And in February, the department moved ahead with the rule change after the Legislature passed a bill, Senate Bill 458, aiming to state in Montana law that there “are exactly two sexes, male and female.” DPHHS said the only changes to sex designations allowed would be to correct errors on birth certificates. A district court judge this past summer found Senate Bill 458 to be unconstitutional as well, though the state is appealing that decision.
Rate told Menahan that backstory is key to proving that the State of Montana is targeting transgender people with the rule and discriminating against them in violation of the state Constitution, its equal protection clause, and the right to privacy it affords Montanans. He argued the state offered no compelling interest for the rule.
“The state says that this isn’t speech at all, but rather a record. But that is a statement of your sex, and the state is forcing our clients to present their view of their sex,” Rate said. “The state cannot arbitrarily decide what is an individual’s sex and force them to speak that into the world. That is the definition of compelled speech.”
Assistant Attorney General Alwyn Lansing argued on behalf of the state, telling Menahan that the plaintiffs were trying to get the court to make transgender people a protected class.
“To adopt plaintiffs’ argument would be to create a new protected class, which is gender identity, that is in direct conflict with Montana Supreme Court precedent. The Legislature is the only one who could do that,” she said. “…The right to privacy does not include a right to replace an objective fact of biological sex on a government document with subjective gender identity.”
She also contended that since not all transgender Montanans are seeking to update their personal documents, siding with the plaintiffs would prescribe “personal values of some onto the laws which govern all.”
Rate said the state could not rely on Senate Bill 458 because it is enjoined, and the expert testimony the plaintiffs submitted from two medical experts in the transgender field showed there is a strong relationship between sex and gender identity, and that disallowing that expression was harmful and discriminatory to transgender Montanans.
Arguing as to why a class should be certified in the case, ACLU attorney Malita Picasso said state data showed at least 280 Montanans had sought to amend their birth certificates during the past seven years, at least 85 since 2022. She said certifying a class of transgender Montanans who currently or in the future may want to change their sex designations would ensure that any court decision would apply to all transgender Montanans, not just the current plaintiffs in the case.
She also said that certifying a class for the case would prevent confusion should separate cases be filed in other Montana district courts and judges come to differing conclusions. Assistant Attorney General Thane Johnson told the court that whatever Menahan decides regarding the injunction would apply to the entire state of Montana, and he believed the plaintiffs did not meet all the necessary prongs to turn the case into a class-action suit.
Picasso responded that the state’s record showed it would try to fight the changes even if an injunction was granted, however. She said that if Menahan issues an injunction and the two plaintiffs do get their documents changed, the state could then claim the case and injunction were moot because the plaintiffs had gotten the relief they had sought, then apply the same rules to other transgender Montanans.
“If the defendants would like to enter a stipulated agreement in which they, you know, say that they won’t enforce it as to others, then I think that maybe we could reconsider,” Picasso said. “But at this stage, it seems pretty clear that were the injunction to be issued only as to the named plaintiffs, that the defendants would be arguing for that to be limited to just them.”
Menahan did not issue any orders from the bench Thursday and did not state when he might do so following the two-hour hearing.
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