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Viewpoint: Montana doesn’t need partisan manipulation of court

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Viewpoint: Montana doesn’t need partisan manipulation of court


David Paoli

Attorney General Austin Knudsen was called to account for multiple, egregious violations of the rules that govern all Montana lawyers. Unimaginable as it seems, Montana’s Attorney General brazenly disobeyed a direct, final order of the Montana Supreme Court. And he did so knowingly. Knudsen continued to defy that order for nearly one full year, while publicly calling judges liars who engage in misconduct.

In essence, Knudsen’s position is that he alone, among all Montana lawyers, is special; that his pledge to adhere to the Rules of Professional Conduct was somehow less binding than all the other lawyers in the State who swore the same pledge. He has denied none of what he is accused of and if any other lawyer had engaged in similar despicable conduct they would have been summarily disbarred.

Recently, Montana Republican Party Chairman Don K. KaltSchmidt, seeking to politicize the matter, publicly decried the procedures and thoughtful decision of Montana’s Commission on Practice (the body responsible for disciplining lawyers) as a “show trial”, “weaponization”, and “partisan manipulation” of the system. He also attacked the person who filed the complaint against Knudsen, Clara Ellen Roberts, ignoring the inconvenient truth that Ms. Roberts grew up in Billings, attended college in Missoula and is a licensed Montana lawyer.

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Truth is, the only partisan manipulation to be seen is that which the hopelessly biased Republican party chair, Don K., relentlessly forces upon Montana citizens and Montana’s judiciary. He just can’t seem to grasp the fact that politics has no place in either the courtroom, or in attorney disciplinary proceedings, both of which are – and must always remain – arenas in which facts and applicable laws are the only thing that matters.

One thing distinguishes the United States of America from any two-bit authoritarian regime or banana republic. It is respect for the rule of law. Without that, we are left with the law of the jungle, where none of us can stand on equal footing with the rich and powerful. And there is no place in America where anyone, and especially an attorney, is entitled to a “Get Out of Jail Free” card after disobeying a direct, final court order. Knudsen does not get to disobey these rules by claiming “separation of powers.” No, Don K, Knudsen’s brand of intentional misconduct is not a part of his “constitutional duties”, far from it.

Don K’s shameful, revisionist view pins a “badge of honor” on an attorney who has trashed his most basic professional obligations, defied the rule of law and run roughshod over the rules of common civility – you know, that stuff we were all supposed to learn in kindergarten.

No Don K., Austin Knudsen has not been singled out for unfair treatment. His case is being handled just the same as that of any attorney who breaks the rules. This is not a show trial or a weaponization of the system. What you’re seeing is due process and accountability for a wrongdoer.

Montanans do not want, let alone need, politics in the courtroom. Montanans want and need the courtroom to be a sanctuary in which facts, law, and justice are all that matters.

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Don K, if you truly want to enhance the “integrity of the legal system and the fundamental principles of democracy,” encourage Knudsen to stop breaking the rules. And, you can help by ending the constant spread of conspiracy theories.

It’s not Ok, Don K, to defend rule breakers by labeling or impugning others who have the audacity to enforce the rules. Integrity demands we support and encourage our fellow citizens who bring rule breakers to answer for their conduct.

David Paoli is an attorney in Missoula.





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‘Layered, adaptive’ wildfire insurance approach needed in Montana

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‘Layered, adaptive’ wildfire insurance approach needed in Montana


Jordan Hansen

(Daily Montanan) Calling rising wildfire insurance rates an “urgent challenge,” a Headwaters Economics and Columbia Climate School report released this month points to potential approaches to address the financial burden on Montana property owners.

Nationwide, property insurance rates are rising — but they’re doing so even faster in areas with “climate-related perils” according to a report published by the U.S. Treasury Department at the beginning of this year.

Non-renewal of policies is also an issue and that same Treasury report found that in areas with “the highest expected losses from climate-related perils,” non-renewals of property insurance coverage were more common.

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The Headwaters report looks at five strategies that could be employed to help communities in high-risk areas find insurance. These approaches include community risk pooling, ideas pulled from agriculture insurance and large-scale state reform.

According to the state’s insurance commissioner, James Brown, the state could see the fifth-highest state increase in property insurance increases this year, citing a National Association of Realtors report. Montana policy holders paid a little more than $4 billion in premiums in 2013, that number in 2022 was almost $7.4 billion, according to the National Association of Insurance Commissioners.

He pointed to escalating fire risk in a May letter as part of the problem.

“First, wildfires have become more frequent and intense. Nearly 70% of all wildfires recorded in Montana have occurred since 2000,” Brown wrote. “These longer-lasting, more destructive fires dramatically increase the risk to homes, pushing insurance rates higher. Second, Montana’s scenic appeal and lifestyle continue to attract new residents, inflating property values and replacement costs — thereby driving up premiums.”

He went on to write that half of all properties in Montana are “at risk of catastrophic wildfire damage.”

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‘Ability to financially rebound’

About 75,000 acres burned in Montana this year with one main residence, according to the state’s Department of Natural Resources and Conservation. Fires involving large numbers of structure losses — such as the Eaton and Palisades fires around Los Angeles earlier this year — have become more common and the economic losses are staggering.

Montana has seen some fires that have destroyed homes, including the 2021 fire in Denton and the Bridger Foothills Fire in 2020.

According to a 2023 Department of Interior report, the annual burden of wildfires on the U.S. Economy was between “$71 billion to $348 billion in 2016 dollars ($87 billion to $424 billion in 2022 dollars).” The same report said there are “huge” data gaps around “property damage, loss of life, and healthcare costs.”

Tens of millions are spent on fire suppression and mitigation in Montana each year and nationally, suppression costs consistently ring in at well over a billion dollars annually.

But even with the suppression and mitigation efforts, communities can struggle when faced with a fire disaster.

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“As the protection gap expands between those with insured losses and those without, a community’s ability to financially rebound is weakened, municipal revenue flows including property taxes may be diminished, and significant federal investment may be needed to offset recovery and rebuilding costs,” the Headwaters report reads.

It also cautions that no single strategy will solve all problems and goes on to say a, “layered, adaptive, and equity-focused framework,” will be needed to address insurance issues caused by wildfires. Additionally, the report does not cover renters nor the “unique” experiences of Native Americans living on tribal reservations.

“Land inside reservations may have unique ownership structures and be subject to federal oversight in ways that interfere with private sector insurance coverage, and tribes have long contended with additional administrative barriers to public support systems,” the report reads.

‘Reducing their own risk’

The report suggests five “new pathways” for insurance in the state, which are: voluntary certification programs, community-based catastrophe insurance, parametric policies, FAIR state plans (insurance of last resort), and state regulatory reform.

The report discusses the benefits and drawbacks of each approach, as well as examples from other states that have utilized some of those ideas. FAIR plans have been implemented in Florida, for example, while parametric policies essentially model agricultural drought insurance.

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Voluntary certification is the idea that’s gained the most traction, said Kimi Barrett, a lead wildfire research and policy analyst at Headwaters. Barrett, along with Columbia Climate School’s Lisa Dale, authored the report.

Voluntary certification, where citizens do specific things to reduce fire risk on their property in tandem with others in their community, leans into the idea of home and community hardening, an approach conservation groups applaud.

Some scientists have argued the root of the wildfire issue is actually a structural ignition problem and that losses could be lessened by better building codes and materials.

These types of policies have mostly been done in western parts of the country.

“It’s modeled off of what hurricane mitigation is required in places like Alabama and elsewhere, where it’s essentially a fortification of a home to that hazard,” Barrett said. “And in doing so, demonstrating to insurance providers that the risk has been reduced enough to meet criteria for insurance retainment moving forward.”

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Colorado has modeled this policy, passing a statewide fire code this year that made a home-hardening inspection mandatory at point of sale. The report also found there are potentially psychological factors to consider within the voluntary certification program.

“Shifting residents’ current expectations of external support, including home protection from firefighters, disaster relief from FEMA, and insurance as a buffer from loss will take a concentrated effort,” the report reads. “When homeowners accept personal responsibility for reducing their own risk, they may find the costs associated with home hardening to be more acceptable. Fostering this mindset change will take significant public outreach.”

‘A house in the country’

However, population trends show that people keep moving to and building in fire-prone areas.

According to the Montana Environmental Information Center, the number of new homes built in wildfire-prone areas doubled between 1990 and 2020.

Areas like the Bitterroot and Flathead Valleys are particularly vulnerable, even as southwestern Montana has exploded in population. Grass fires in Montana are a concern too, as evidenced by the fire that swept through Denton in 2021.

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“Everyone wants a house in the country, right? It’s beautiful, and yet we created the imperfect storm,” Dominick DellaSala, a conservation scientist, said to the Daily Montanan. “Because now the climate has shifted, the Forest Service can’t possibly put out all these fires that are increasing in speed, intensity and acres burning where all these houses were built. So what do we do about it?”

The state Legislature is looking at the broader issue of property insurance rates in an interim committee and there’s a wildfire study bill as well. Those discussions could end up becoming legislation during the 2027 Legislative session, and the hope from the Headwater Report’s authors is that it helps inform these discussions.

It’s also important to note what insurance companies are looking for, Barrett said.

“Insurance is spending money on homes getting damaged and destroyed by wildfire,” Barrett said. “What they need to see is risk reduction ahead of a wildfire to those homes and communities placed in high risk areas, and that forest treatments and fuels reduction of landscapes alone, will not get them there, nor will suppression and response. It requires addressing the built environment at the same level that we currently address suppression and forest treatments.”

Insurance advocates have pointed to low amounts of hazardous fuels work being done under the Trump Administration — possibly as much as a 38% drop in annual average of acres treated — and are looking to see more done.

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“We’ve seen more evidence and more informative reports for policyholders and homeowners about what they need to do to help protect and defend their home and make sure that they’re safe,” said Jayson O’Neill, an insurance advocate. “We aren’t seeing this sort of same urgency from our regulators and our state insurance commissioner and our state legislators.”





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‘No quit’: Montana, dealing with emotions of semifinal loss, goes back to drawing board

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‘No quit’: Montana, dealing with emotions of semifinal loss, goes back to drawing board


MISSOULA — It was an emotional scene at Bobcat Stadium for the Montana Grizzlies at the conclusion of Saturday’s playoff game as Montana finishes the season 13-2. Those two losses came against the same program as the Grizzlies got on the doorstep of the national championship game, but fell just short.

“I’m just extremely grateful,” UM wide receiver Michael Wortham said after the Grizzlies’ 48-23 semifinal loss to rival Montana State. “Sucks that it’s the last game, but thankful for these guys and the opportunity they gave me. There was never no quit, you know? We battled through a lot of things behind closed doors.

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‘No quit’: Montana, dealing with emotions of semifinal loss, goes back to drawing board

“This team is amazing. I just hope we’re remembered for how hard we worked and how hard we came out there each and every day to play against whoever.”

The Bobcats were too much to overcome for the Griz on Saturday as they beat them twice this season.

Photos: Montana State beats Montana in historic playoff meeting

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The rivalry’s heightened importance in the regular and now postseason has risen because of where both programs stand in both the Big Sky Conference and FCS landscape.

“(Montana State has) done a really good job,” UM head coach Bobby Hauck said. “And the bar was set in this conference by us, and there’s been a desperate urgency at this place to catch up, and certainly they have.

“I talk to Leon (Costello), talk to Brent (Vigen), and everybody’s looking at the two of us. And we have good football programs. We have good players. We have good coaches. It’s highly competitive, whether it’s recruiting or on the field.”

That competition culminated into the largest meeting ever between the two.

“Competition’s good. That’s why you do this,” Hauck said. “And it’s highly and wildly competitive. And my impression, the wrong team won today, but that’s 50% of the state, not the other 50.”

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Emotions surrounding these programs colliding are always high, and in sports one team has to lose.

This time it was Montana, as their season concludes one game short of where they’d like.

“It’s been the best time of my life,” UM safety TJ Rausch said. “I love these guys. I love my coaches. I’ve had more fun this year than I’ve ever had playing football. And I can’t thank our coaches and my teammates enough for that.”

“I’m proud of our team. I’m proud of my guys. We have quality, class, young men in our program,” Hauck added. “They play football the right way. Our coaches coach them the right way. And I’m as proud to be a head football coach as I’ve ever been today.”





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Miley Cyrus on Marking 20th ‘Hannah Montana’ Anniversary: ‘I Want the Fans to Really Feel Seen’

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Miley Cyrus on Marking 20th ‘Hannah Montana’ Anniversary: ‘I Want the Fans to Really Feel Seen’


Miley Cyrus has detailed how she came to write “Dream as One,” her Golden Globe-nominated ballad that appears during the end credits of her Disney “legend-in-law” James Cameron’s Avatar: Fire and Ash, which opened this weekend. She also hinted at how she plans to mark the upcoming 20th anniversary of her own Disney show’s Hannah Montana.

In a new interview with Variety conducted following the world premiere of Avatar: Fire and Ash in Los Angeles, Cyrus shared the story of how her song “Dream as One” ended up in Cameron’s film. She said that while she was backstage last summer at the D23 Expo in Anaheim, the director was ahead of her in line, along with Jamie Lee Curtis and Harrison Ford.

First, Curtis tapped Cyrus for the end credits to The Last Showgirl, which led to the Golden Globe-nominated “Beautiful That Way.” Then, Cyrus — a fan of the Avatar franchise — took a chance for a bucket-list opportunity and asked Cameron about how things were going on Fire and Ice. Turned out, Cameron had already discussed Cyrus with Avatar composer Simon Franglen and the idea of them working together.

Cameron came up with the song’s name, reflecting the film’s finale. Cyrus and collaborators Mark Ronson and Andrew Wyatt took it from there. “Coming in at the end was actually really helpful, because, when you’ve worked on something for like 20 years, you get so close to it that it’s hard to see it from that outside perspective,” Cyrus said. “I’m just writing it like someone who loves Avatar.”

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As for what her plans are for marking the 20th anniversary of Hannah Montana in spring 2026, she told the outlet she hopes to bring an element from Avatar into her approach to the occasion as she considers how she might commemorate it.

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“Something that they always say in Avatar is ‘I see you’ — and that’s something really important that I want the fans to feel during the ‘Hannah-versary,’” Cyrus said. “Someone called it the ‘Hannah’ anniversary the other day, and I was like ‘No, no, no, it’s the ‘Hannah-versary,’” she said, adding, “I want the fans to really feel seen. They know that I appreciate them, but I also see like their growth. Because I have these moments all the time where people celebrate my evolution, but I see theirs as much as they see mine.”

When asked whether a celebration might involve in-person events or a concert tour, she teased, “TBD. That’s still in the works.” She added, “Everything takes time. I want to make something that’s meaningful, thoughtful, and really satisfying for the fans.”



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