Legal Opinion

Drew v. Montana Tenth Judicial District Court

Montana Supreme Court

Decided June 21, 2004No. 04-254PublishedCited by 2 opinions

1Opinion of the CourtJustice Cotter

¶1 Roberta Drew (Drew) challenges, by way of Petition for Writ of Certiorari, the Order of the Montana Tenth Judicial District Court, the Honorable Loren Tucker presiding, finding her in contempt of court and imposing sanctions including the service of jail time. Drew’s Writ is denied.

ISSUE

¶2 The only issue in this case is whether the amendment to § 3-1-518, MCA (2001), which permits a judge to punish a contempt arising from violations of an order issued by that judge after a hearing on the merits of the order, offend due process in contravention of our Opinion in Kauffman v. 21st Judicial…

2Cases cited5 opinions

  1. In Re OliverSupreme Court of the United States · 1948
  2. State ex rel. Metcalf v. District CourtMontana Supreme Court · 1916
  3. Kauffman v. Montana Twenty-First Judicial District CourtMontana Supreme Court · 1998
  4. Lilienthal v. District Court of the Sixteenth Judicial DistrictMontana Supreme Court · 1982
  5. Malee v. District Court for Second Judicial District Ex Rel. PurcellMontana Supreme Court · 1996

3Cited by2 opinions

  1. Animal Foundation of Great Falls v. Montana Eighth Judicial District CourtMontana Supreme Court · 2011
  2. Drew v. Montana Tenth Judicial District CourtMontana Supreme Court · 2004

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