Bev Higgs,
national chair of the Magistrates Association
Quite rightly, the backlog of cases in the criminal court has attracted much attention. These delays have negative, even life-altering, impacts on victims, witnesses, and defendants. But what is the impact of lengthening delays in the less glamorous family court? This is a serious concern the Magistrates Association, on behalf of its members, wishes to bring to light.
According to the Ministry of Justice’s latest data published at the end of last month, the average time to first disposal significantly lengthened in 2020. In the last quarter of 2020, just 27% of care and supervision cases reached first disposal within the 26-week limit, 13% lower than in the last quarter of 2019, with the average time to reach first disposal rising to 41 weeks, eight weeks longer than in 2019. This is the longest average time families have had to wait for cases to reach first disposal since mid-2013 and the introduction of the 26-week limi
That’s the Select Committee on Judicial Accountability and Transparency.
The panel, formed this month as part of the Legislature’s response to a separation-of-powers standoff that’s ensnared all three branches of government, will “no doubt” continue to meet into the interim, Sen. Greg Hertz, the committee’s chairman, said in a meeting on Thursday.
That’s because the committee’s attempt to subpoena the entire state Supreme Court and the Supreme Court administrator as part of a wide-ranging probe into alleged impartiality and poor public records management practices yielded only mixed results: Justices appeared before the committee over Zoom this week, but only to explain why, in general, they could not hand over the cache of potentially sensitive emails requested by Republican leadership.
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Seven Montana Supreme Court judges, six lawmakers and SB140
Arren Kimbel-Sannit
All seven members of the Montana Supreme Court appeared via Zoom before a legislative panel on Monday out of apparent respect for a legislative subpoena a rare move that seemed a surprise given that the court had previously ordered to temporarily disregard the same subpoena under which they appeared but put up a generally unified front in response to questions from Republicans about judicial bias and the scope of the Legislature’s subpoena power.
“We’re here, and surprisingly enough, we’re happy to be here,” Montana Supreme Court Chief Justice Mike McGrath told members of the Joint Special Select Committee on Judicial Transparency and Accountability.