Sunday, January 24, 2010

The Political Reality of Montana Jurisprudence in 2010.

In appealing my District Court Case DV 09-320, now before the Montana Supreme Court (DA 09-0675), I find the political reality of equal access in Montana Jurisprudence to be lacking.

I feel like Don Quixote tilting at Montana windmills. The political reality OF 2010 is that “indignant” individuals in Montana and the U.S. cannot expect or find legal Counsel for Civil complaints involving Guaranteed Fundamental Rights.

In Montana, this Catch-22 political reality is reflected in A Catch as Catch Can, or less formally, Willy Nilly Public Defender System ("the Montana Public Defender Act § 47 MCA"), defined and developed out of a necessity to defend individuals accused of crimes against the State. (Art. II - § 24. Rights of the accused. Montana Constitution). However, in common law as well as enumerated law, defending individuals is only half of our "equal protection of the laws" (see Section 4. Individual dignity. Montana Constitution) The other half is defending Our Montana Constitution and Our Fundamental Rights.

Whether political expediency, indifference, or simply a lack of understanding regarding the basic necessity of “equal access” and “equal protection” to Montana’s Court system, the 1972 Montana Constitutional Delegates couldn’t muster the needed votes to include and insure legal Counsel for ALL in Montana, especially the poor in Montana Civil Jurisprudence.

Subsequently, they stopped short by requiring that Montana ONLY provide legal Counsel for Criminal Defendants in our 1972 Constitution. They also foresaw that they could not and should not limit the possession of ONLY those Montana’s Constitutional Rights Enumerated, and that we the people recognize the possession also of “Unenumerated Rights” “(w)hich shall not be construed to deny, impair, or disparage others retained by the people.” (Art. II - § 34. Fundamental Rights. Montana Constitution)

From these “Unenumerated Rights” the Court has a vested self-interest in ensuring "equal access" to trained Counsel in Montana Jurisprudence for ALL the poor, yet as we see, in the instant Civil case, this is NOT the political reality to date.

There are many issues and problems that Montana Courts are not addressing and We the People of Montana, need to Insure an open, honest and forthright Court for our own Fundamental Rights Protection as well as that of our Constitution.

As always, Think about it and I'd like to encourage your comments about this important topic. Feel free to ask your elected officials.

Rick Gold
Missoula, MT