Legal Opinion · Concurring in part, dissenting in part

Inquiry Concerning Complaint Of: Judicial Standards Commission v. Leroy Not Afraid

Montana Supreme Court

Decided December 30, 2010No. PR 09-0639Published

1Concurring in part, dissenting in partJustice Nelson

¶28 I agree with the Court that the complaint against Not Afraid must be dismissed, but I strongly disagree with the Court’s rationale.

I. Jurisdiction

|¶29 The most fundamental problem with this case is evident from its (caption: Inquiry Concerning Complaint of: Judicial Standards ICommission v. Leroy Not Afraid. While the Court correctly observes Sthat questions of jurisdiction may be raised at any time, Opinion, P 10-indeed, courts have an ‘independent obligation” to determine Ivhether jurisdiction exists, even in the absence of a challenge from bny party, see Stanley v. Lemire, 2006 MT 304,…

2Cases cited23 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Bostain v. Food Exp., Inc.Washington Supreme Court · 2007
  3. State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
  4. Stanley v. LemireMontana Supreme Court · 2006
  5. Montana Petroleum Tank Release Compensation Board v. Crumleys, Inc.Montana Supreme Court · 2008

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