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Magistrate Judges In The Montana Federal District, Carl W. Tobias
Magistrate Judges In The Montana Federal District, Carl W. Tobias
Law Faculty Publications
Over the last three decades, growing caseloads and finite resources have fostered expansion of the jurisdiction, responsibilities, prestige and compensation of United States Magistrate Judges. Passage of the Civil Justice Reform Act (CJRA) of 1990, which required local experimentation with procedures for reducing expense and delay in civil litigation, propelled this development in many of the ninety-four federal districts across the country. The United States District Court for the District of Montana has quite strongly evidenced these phenomena. Perhaps most important, the CJRA expense and delay reduction plan that the district prescribed in 1991 included an opt-out procedure which it …
Re-Evaluating Federal Civil Justice Reform In Montana,, Carl W. Tobias
Re-Evaluating Federal Civil Justice Reform In Montana,, Carl W. Tobias
Law Faculty Publications
Part I of this piece initially affords an update of relevant developments relating to civil justice reform nationally and in the Montana Federal District Court. It emphasizes the congressional decision to extend the deadlines governing analysis of experimentation in the pilot districts and recent developments that led the Montana district to delay the preparation of a written annual assessment. Part II of this paper then glances into the future.
The Gender Gap On The Montana State Bench, Carl W. Tobias
The Gender Gap On The Montana State Bench, Carl W. Tobias
Law Faculty Publications
Governor Racicot should expeditiously and forcefully act to remedy the gender gap on the state courts for many reasons. First, there is a significant, highly qualified, pool of female attorneys in Montana who could render excellent judicial service. Numerous women have participated in the types of rigorous legal practices which would prepare them well for the bench. These female lawyers are intelligent, industrious, and independent, while they have exhibited the kind of impeccable integrity and appropriately measured judicial temperament to be fine judges. Some of the attorneys have engaged in challenging public law practices, others have been involved in rigorous …
Civil Justice Planning In The Montana Federal District, Carl W. Tobias
Civil Justice Planning In The Montana Federal District, Carl W. Tobias
Law Faculty Publications
The Montana Federal District Court recently finalized its civil justice expense and delay reduction plan under the Civil Justice Reform Act (CJRA) of 1990. In April, 1992, the Montana District essentially adopted whole cloth, and made effective, the civil justice plan that it had issued in December, 1991 to qualify for designation as an Early Implementation District Court (EIDC). Relatively few members of the Montana Bar exhibited much interest in the planning effort that preceded promulgation of the civil justice plan. Because the new procedural regime that the Montana District instituted could significantly change the character of federal court practice, …