12 Montana opinions name it 1 courts 1983–2025 1 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re the Marriage of Harpergreen2 sentences2000See Marriage of Harper (1988), 235 Mont. 41, 47 , 764 P.2d 1283, 1286-87 ; § 40-5-149, MCA. ¶22 The District Court contends that when CSED filed its Notice of Registration with the District Court and intervened in a matter in which the District Court had continuing jurisdiction, it created a real controversy with regard to CSED’s statutory authority to modify the District Court’s child support order, and implicated the separation of powers doctrine. 2000See Marriage of Harper (1988), 235 Mont. 41, 47 , 764 P.2d 1283, 1286-87 ; § 40-5-149, MCA. ¶22 The District Court contends that when CSED filed its Notice of Registration with the District Court and intervened in a matter in which the District Court had continuing jurisdiction, it created a real controversy with regard to CSED’s statutory authority to modify the District Court’s child support order, and implicated the separation of powers doctrine. | 2 | 2 |
State Ex Rel. Allee v. Gochagreen2 sentences2000Sara Allee, 555 N.W.2d at 685 (emphasis added). ¶ 48 Accordingly, we conclude that §§ 40-5-272 and -273, MCA (1997), to the extent that they grant CSED the "judicial power" to make and enforce binding child support orders without automatic and mandatory judicial review, are an unconstitutional violation of the separation of powers clause of the Montana Constitution. ¶ 49 The judgment of the District Court is affirmed. 2000Sara Allee, 555 N.W.2d at 685 (emphasis added). ¶48 Accordingly, we conclude that §§ 40-5-272 and -273, MCA (1997), to the extent that they grant CSED the “judicial power” to make and enforce binding child support orders without automatic and mandatory judicial review, are an unconstitutional violation of the separation of powers clause of the Montana Constitution. ¶49 The judgment of the District Court is affirmed. | 2 | 2 |
Pfost v. Stategreen2 sentences1989Pfost, 713 P.2d at 514 (Turnage, C.J., dissenting). 1989We agree with Chief Justice Turnage’s dissent in Pfost on this aspect of the issue: “There further can be no question that our courts are open to every person and speedy remedy afforded for every injury of person, property, or character; however, this does not mean that the people have been denied the right to act through their legislature in providing a system of law that may set forth the scope and extent of the remedies provided by law, For this Court to decide otherwise requires a denial of the doctrine of separation of powers in Article III, § 1 of the Montana Constitution.” Pfost, 713 P. | 1 | 1 |
United States v. Brainergreen1 sentence1983See United States v. Brainer (D.Md.1981), 515 F.Supp. 627 ; and United States v. Howard (D.Md.1977), 440 F.Supp. 1106 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State ex rel. Hillis v. Sullivan
green
2 sentences2000Clark, 265 Mont. at 487 , 878 P.2d at 243 -44 (quoting Hillis, 48 Mont. at 330 , 137 P. at 395 ). ¶21 Pointing out that the county commissioners had independently hired the office manager, the Court ruled that such a grievance hearing did not violate the separation of powers doctrine or constitute an exercise of authority belonging to the judicial branch. 2000Clark, 265 Mont. at 487 , 878 P.2d at 243 -44 (quoting Hillis, 48 Mont. at 330 , 137 P. at 395 ). ¶21 Pointing out that the county commissioners had independently hired the office manager, the Court ruled that such a grievance hearing did not violate the separation of powers doctrine or constitute an exercise of authority belonging to the judicial branch. | 2 | 2000–2000 |
Clark v. Dussault
green
2 sentences2000Clark, 265 Mont. at 487 , 878 P.2d at 243 -44 (quoting Hillis, 48 Mont. at 330 , 137 P. at 395 ). ¶21 Pointing out that the county commissioners had independently hired the office manager, the Court ruled that such a grievance hearing did not violate the separation of powers doctrine or constitute an exercise of authority belonging to the judicial branch. 2000Clark, 265 Mont. at 487 , 878 P.2d at 243 -44 (quoting Hillis, 48 Mont. at 330 , 137 P. at 395 ). ¶21 Pointing out that the county commissioners had independently hired the office manager, the Court ruled that such a grievance hearing did not violate the separation of powers doctrine or constitute an exercise of authority belonging to the judicial branch. | 2 | 2000–2000 |
Monaco v. Lake County
neutral
2 sentences2000In Monaco v. Lake County, 1998 MT 243, ¶ 13 , 291 Mont. 141, ¶ 13 , 967 P.2d 367, ¶ 13 , we addressed the issue of a court’s inherent power: [T]he idea of inherent power implies that its use is for occasions not provided for by established methods. 2000In Monaco v. Lake County, 1998 MT 243, ¶ 13 , 291 Mont. 141, ¶ 13 , 967 P.2d 367, ¶ 13 , we addressed the issue of a court’s inherent power: [T]he idea of inherent power implies that its use is for occasions not provided for by established methods. | 2 | 2000–2000 |
Board of Commissioners v. Eleventh Judicial District Court
green
2 sentences2000Court (1979), 182 Mont. 463 , 597 P.2d 728 , this Court was presented with an occasion to interpret the separation of powers clause of the present Montana Constitution. 2000Court (1979), 182 Mont. 463 , 597 P.2d 728 , this Court was presented with an occasion to interpret the separation of powers clause of the present Montana Constitution. | 2 | 2000–2000 |
Harlen v. City of Helena
green
2 sentences1999The Harlen Court further concluded that “[a]ny attempt by another branch of government to interfere with this constitutional prerogative interferes with the doctrine of separation of powers.” Harlen, 208 Mont. at 48 , 676 P.2d at 193 . ¶16 In Coate v. Omholt (1983), 203 Mont. 488 , 662 P.2d 591 , this Court struck two statutes that imposed sanctions on district judges and Supreme Court justices when judicial decisions were not reached within time limits fixed by statute. 1999The Harlen Court further concluded that “[a]ny attempt by another branch of government to interfere with this constitutional prerogative interferes with the doctrine of separation of powers.” Harlen, 208 Mont. at 48 , 676 P.2d at 193 . ¶16 In Coate v. Omholt (1983), 203 Mont. 488 , 662 P.2d 591 , this Court struck two statutes that imposed sanctions on district judges and Supreme Court justices when judicial decisions were not reached within time limits fixed by statute. | 2 | 1999–1999 |
Coate v. Omholt
green
2 sentences1999The Harlen Court further concluded that “[a]ny attempt by another branch of government to interfere with this constitutional prerogative interferes with the doctrine of separation of powers.” Harlen, 208 Mont. at 48 , 676 P.2d at 193 . ¶16 In Coate v. Omholt (1983), 203 Mont. 488 , 662 P.2d 591 , this Court struck two statutes that imposed sanctions on district judges and Supreme Court justices when judicial decisions were not reached within time limits fixed by statute. 1999The Harlen Court further concluded that “[a]ny attempt by another branch of government to interfere with this constitutional prerogative interferes with the doctrine of separation of powers.” Harlen, 208 Mont. at 48 , 676 P.2d at 193 . ¶16 In Coate v. Omholt (1983), 203 Mont. 488 , 662 P.2d 591 , this Court struck two statutes that imposed sanctions on district judges and Supreme Court justices when judicial decisions were not reached within time limits fixed by statute. | 2 | 1999–1999 |
Powder River County v. State
green
2 sentences2025While we have held the doctrine “is designed to prevent a single branch from claiming or receiving inordinate power,” we have equally recognized it does not “bar cooperative action among the branches of government.” Powder River Cnty. v. State, 2002 MT 259 , ¶ 114, 312 Mont. 198 , 60 P.3d 357 . ¶218 The Attorney General occupies a unique position in this structure. 2025While we have held the doctrine “is designed to prevent a single branch from claiming or receiving inordinate power,” we have equally recognized it does not “bar cooperative action among the branches of government.” Powder River Cnty. v. State, 2002 MT 259 , ¶ 114, 312 Mont. 198 , 60 P.3d 357 . ¶218 The Attorney General occupies a unique position in this structure. | 1 | 2025–2025 |
In re Judicial Interpretation of 1975 Senate Enrolled Act No. 441
green
1 sentence2016In re Judicial Interpretation of 1975 Senate Enrolled Act No. 441, 332 N.E.2d at 98 . | 1 | 2016–2016 |
Clark v. Olson
green
2 sentences1998Simply put, the duty of the Supreme Court in interpreting a statute “is not to enact, but to expound, the law ....” Clark v. Olson (1934), 96 Mont. 417, 432 , 31 P.2d 283, 288 . 1998Simply put, the duty of the Supreme Court in interpreting a statute “is not to enact, but to expound, the law ....” Clark v. Olson (1934), 96 Mont. 417, 432 , 31 P.2d 283, 288 . | 1 | 1998–1998 |
Crowell v. School District No. 7
green
2 sentences1992Concerning issue three, the appellant argued that pursuant to this Court’s recent decision in Crowell v. School District No. 7 of Gallatin County (1991), 247 Mont. 38 , 805 P. 2d 522 , [9 Ed. Law 76,] any immunity was waived to the extent that insurance coverage existed for the liability. 1992Concerning issue three, the appellant argued that pursuant to this Court’s recent decision in Crowell v. School District No. 7 of Gallatin County (1991), 247 Mont. 38 , 805 P. 2d 522 , [9 Ed. Law 76,] any immunity was waived to the extent that insurance coverage existed for the liability. | 1 | 1992–1992 |
United States v. Howard
green
1 sentence1983See United States v. Brainer (D.Md.1981), 515 F.Supp. 627 ; and United States v. Howard (D.Md.1977), 440 F.Supp. 1106 . | 1 | 1983–1983 |
State Ex Rel. Watson v. Merialdo
green
1 sentence1983The court further held that the statute violated the separation of powers clause of the Nevada Constitution. 268 P.2d at 926 . | 1 | 1983–1983 |
Houston v. Williams
green
1 sentence1983For example, in Houston v. Williams (1859), 13 Cal. 24 , the court struck down a statute which required that in all cases the California Supreme Court must render a written opinion with reasons. | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.