No. 23-5613

Robert L. Allum v. Montana State Fund

Lower Court: Montana
Docketed: 2023-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-procedure constitutional-challenge due-process judicial-branch montana-constitution res-judicata state-court-structure subject-matter-jurisdiction
Latest Conference: 2023-11-17
Question Presented (from Petition)

Whether an entity, in state government, can constitutionally exist and function, as "not simply an administrative law court functioning under the executive branch of government but is a special court created pursuant to Article 7 (Judicial Branch), section 1 of the 1972 Montana Constitution?"

Do the Montana Supreme Court Internal Operating Rules qualify for asserting the affirmative defense of res judicata in ensuing court actions.

Whether the Montana court of last resort, as a requirement of due process, is bound, by the American jurisprudence principle, of subject matter jurisdiction?

Question Presented (AI Summary)

Whether the Montana Workers' Compensation Court is a constitutionally valid judicial body

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-16
Waiver of right of respondent Montana State Fund to respond filed.
2023-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2023)

Attorneys

Montana State Fund
Terisa OomensAgency Legal Services Bureau, Respondent
Robert L. Allum
Robert L. Allum — Petitioner