I wouldn't count on that anymore.
"A landmark ruling saying Montana has a constitutional duty to guard residents from the harmful effects of climate change could have wider implications, environmental experts said.
In a decision Monday lauded by activists as a potential turning point for the environmental movement, District Court Judge Kathy Seeley sided with young plaintiffs who claimed state policies used to evaluate requests for fossil-fuel projects are unconstitutional because they don't allow for agencies to consider the effects of greenhouse gas emissions – a practice she said had detrimental effects on the environment and the mental and physical health of young people in Montana.
The case marks the first time a U.S. court has held a government liable for disregarding the harmful effects of climate change and thereby violating its children's constitutional rights, according to a statement from Julia Olsen, chief legal counsel and executive director for Our Children's Trust, an Oregon environmental group that has filed similar lawsuits in every state over the past 12 years"
true and rightfully so as Montana's state constitution guarantees a right to a "clean and healthful environment." Written right in it.
Constitution of Montana -- Article IX -- ENVIRONMENT AND NATURAL RESOURCES
Section 1. Protection and improvement. (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
(2) The legislature shall provide for the administration and enforcement of this duty.
(3) The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
But, what in the world does that have to do with arresting someone. Nobody anywhere got arrested over that decision, now will they. You could give a judge, county commissioner or sheriff a summons for smoking inside a government building, but now way you could actually arrest them in this state even for failing to provide a clean environment. To make an actual arrest would take a warrant from a district court judge. There is only one judge in this district and I would highly doubt she would sign a warrant to arrest herself. Besides I have known her from before she became the judge and she does not smoke.
She does drive a very fast Mustang, The staters could give her a ticket, but they could never arrest her.
This Montana district judge finally voluntarily retired in 2014
Judge Jeffrey Langton unfortunately sits (when sober only) on the District Court in Hamilton, Montana (about 45 miles from Missoula).
In February 2005, local police spotted Judge Langton driving erratically in downtown Hamilton. A breath test revealed a blood alcohol level that was well over twice the legal limit in Montana. (they went and got a warrant from another judge)
Subsequently, Judge Langton pleaded guilty to driving under the influence. The trial court also ordered him to stay out of bars and casinos, and not to consume any alcohol for twelve-months.
Luckily for Judge Langton, the court order does not bar him from visiting the "Bitter Root Brewing Co." located in Hamilton. It also does not constrain him from visiting the Harvest Moon Brewery in Belt, Montana for a belt or two (pun intended).
In an obvious effort at compassion for a fellow jurist, the court order does not prohibit Judge Langton from visiting the Bunny Ranch in Reno while attending ethics classes at the National Judicial College. Praise the Lord!!!
In June 2005, a mere three months after his drunk driving arrest, Missoula police responded to an early-morning 911 call and found the Dishonorable Jeffrey Langton passed out near a hotel room. Put simply, Judge Langton was found in a drunken-stupor as pictured to the right.
Ya gotta wonder how in the hell a certified drunk like this is allowed to remain on the bench, right?
Right here in this town a sheriff (6'2" and 275#) from another county came to an inquiry, got drunk at the bar, threw a out of state biker though a window, the guy ended up in the emergency room. The visiting sheriff left the bar, barefoot???, When the local ocal law went to the visiting sheriff's motel they charged him with assault, obstructing a police officer, disorderly conduct and criminal mischief. He was NOT arrested. He also won reelection back in his own county.
Being a sheriff, a county commissioner or district judge in this state makes you all but bullet proof as long as you can keep getting reelected
Here is another fun fact. In Montana on election day I can not be arrested on my way to the polls. Even for drunk driving.
Montana Code Annotated 2021
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 6. ARREST
Part 1. General Provisions
Persons Exempt From Arrest
46-6-102. Persons exempt from arrest. (1) Electors shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at election and in going to and returning from the same.
(2) Senators and representatives shall in all cases except felony or breach of the peace be privileged from arrest during the sessions of the state legislature and in going to and returning from the same.
(3) The militia shall in all cases except treason, felony, or breach of the peace be privileged from arrest during their attendance at musters and election and in going to and returning from the same.
(4) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court duties.
Hard to define just what, when and where their duties start and end
Interestingly being drunk is not listed under
TITLE 45. CRIMES
CHAPTER 8. OFFENSES AGAINST PUBLIC ORDER
Part 1. Conduct Disruptive of Public Order
45-8-101 Disorderly conduct
45-8-102 Failure of disorderly persons to disperse
45-8-103 Riot
45-8-104 Incitement to riot
45-8-105 Criminal incitement
45-8-106 Bringing armed individuals into state
45-8-107 Purpose
45-8-108 Definitions
45-8-109 Civil disorder -- prohibited activities -- penalties -- exceptions
45-8-110 Obstructing health care facility access
45-8-111 Public nuisance
45-8-112 Action to abate public nuisance
45-8-113 Creating hazard
45-8-114 Failure to yield party line
45-8-115 Illegal posting of state and federal land
45-8-116 Funeral picketing -- penalties