Brody’s Law (SB 318) has been questioned on basis of constitutionality, as well as overstepping on judicial powers.

Here are the facts within the Montana constitution and the statutory law implemented by the MT Supreme Court in 1984 and 2005.

Montana Constitution Art. 2 sec. 1 - “All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.”

Montana Constitution Art. 7 sec. 2 - “SUPREME COURT JURISDICTION (3) It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation.”

MCA 3-10-203, MCA, “the Court Administrator’s Office is required to provide two mandatory annual training sessions for all elected and appointed limited court judges. All limited court judges are required to attend both training sessions. Each judge must complete a minimum of 15 hours of continuing judicial education each year.”

In Re The Matter of Continuing Judicial Education 2005, 2. Judicial Education Committee- “a. The Judicial Education Committee is established. The primary purpose of the Committee is to provide for the continuing legal education of the Justices and Judges to the greatest extent possible by determining curricula for bi-annual educational conferences and identifying and presenting other sources of judicial education…” and 3. Continuing Judicial Education Requirements “a. The minimum requirements apply to Judges and Justices. b. …Programs of continuing education shall: Have significant intellectual or practical content designed to increase the participants’ judicial competence”

Rules for Courts of Limited Jurisdiction Training and Certification of Judges, Rule 4. Education and training - “(1) The commission shall prescribe an annual course of education and training that must be completed by all judges of courts of limited jurisdiction. The course of education and training must include the successful completion of a certification test pursuant to Rule 6, and such other testing as the commission shall authorize.”

This bill places relevant education about domestic violence within the pre-existing statutory laws regarding judicial training. This is not a constitutional issue, nor does it interfere with the Judicial Education Committee’s responsibility of providing the best curriculum.

The purpose of this bill is to strengthen Montana judges’ knowledge about the people in their cases, not only on their docket now but those in the future as well.