Kathy Seeley
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Kathy Seeley is a district court judge for the 1st District Court in Montana.[1] She joined the court in 2008 to replace Judge Thomas Honzel and was retained by voters in 2014, winning a six-year term that expires on December 31, 2020.[2] [3]
Elections
2014
Seeley was retained to the 1st District Court with 85.3 percent of the vote on November 4, 2014.She ran unopposed in the primary on June 3, 2014.[4]
Education
Seeley earned her undergraduate degree in business and finance from Carroll College in 1980. She received her J.D. from the University of Montana School of Law in 1983.[2]
Career
Prior to joining the bench in 2008, Seeley worked as an attorney, an assistant Montana attorney general and a prosecutor for the Prosecution Services Bureau.[2]
Noteworthy cases
Rikki Held, et al. v. State of Montana, et al.
On August 14, 2023, Seeley ruled in favor of the plaintiffs in Rikki Held, et al. v. State of Montana, et al.
Under a provision of the Montana Environmental Policy Act (MEPA), state agencies were restricted from factoring in greenhouse gas emissions or climate change when issuing permits for energy projects that required environmental reviews.[5] In 2020, a group of young climate activists filed a lawsuit claiming the restrictions violated Article IX of the state's constitution, which says that the "state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations."[6][7]
In her ruling, Seeley wrote that "Montana's emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana's environment and harm and injury" and enjoined the MEPA provision, ruling it unconstitutional. [7]
The office for Montana Attorney General Austin Knudsen (R) announced in September 2023 that the state will appeal Seeley's ruling.[8]
Dismissing Gov. Schweitzer's suit
In late 2010, Judge Kathy Seeley dismissed a lawsuit Gov. Brian Schweitzer filed against the legislature in September of that year. Schweitzer claimed a bill, HP 676, passed in 2009 was unconstitutional because it "limited his veto power."[9] Judge Seeley said: "While (the governor) alleges that the Legislature’s actions in passing HB 676 (in 2009) ‘limited’ his veto power, and his brief in opposition to the motion to dismiss asserts that his ‘constitutional veto power was essentially nullified’ and ‘effectively invalidated’ by the Legislature’s actions, the fact is that his veto power was never in jeopardy. Instead, he chose not to exercise it and not to sign the bill, both of which were legitimate options."[9]
See also
External links
- Montana Judicial Branch, "District Courts"
- Missoulian, "Judge strikes part of Montana ballot measure on Citizens United," December 23, 2013
- Missoulian, "Governor's race: Hill told to stop spending disputed $500K," October 25, 2012
- Montana Watchdog, "Judge dismisses governor’s lawsuit against the state Legislature," December 29, 2010
Footnotes
- ↑ Montana Judicial Branch, "1st District Court," accessed October 17, 2014
- ↑ 2.0 2.1 2.2 Independent Record, "Kathy Seeley wins district judge seat," November 6, 2008
- ↑ Judicial selection in Montana
- ↑ Montana Secretary of State, "2014 Candidate Filing List: Non-Legislative," accessed March 31, 2014
- ↑ Axios, "Montana judge rules in favor of youth in historic climate change lawsuit," accessed August 15, 2023
- ↑ Constitution of Montana, "Article IX -- ENVIRONMENT AND NATURAL RESOURCES" accessed August 15, 2023
- ↑ 7.0 7.1 Westernlaw.org, "Held v. Montana", accessed August 15, 2023
- ↑ AP, "Montana is appealing a landmark climate change ruling that favored youth plaintiffs," accessed October 3, 2023
- ↑ 9.0 9.1 Montana Watchdog, "Judge dismisses governor’s lawsuit against the state Legislature," December 29, 2010
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana
State courts:
Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court
State resources:
Courts in Montana • Montana judicial elections • Judicial selection in Montana
