Mcgillivray v. State

972 P.2d 804 (1999)

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Nature of the Case

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Facts

In August 1997, the Missoula County Ps, each of whom was then a defendant in a criminal proceeding before the Missoula County Justice Court, filed their complaint for declaratory relief in the District Court. They asked the court to declare that §§ 46-7-102, 46-17-201(3), and 46-17-311(1), MCA, violated their right to jury trial as guaranteed under the Montana Constitution by forcing them to choose between having a trial by jury in Justice Court or deferring the right to jury trial for a possible appeal to District Court. The State of Montana (D) moved to dismiss the complaint, arguing that the issues raised could properly be addressed in Ps' pending criminal actions and were therefore not appropriate for declaratory judgment. The District Court agreed. Stating that 'the purpose of the Declaratory Judgment Act in Montana does not allow this Court to render such a decision,' the District Court granted the State's motion to dismiss. Ps appealed.