Hybrid

Information

Credits: 5 Credits

Location: Stage Stop Inn, Choteau, Montana *Discounted room block rates are available at the Stage Stop Inn by calling 406-466-5900 and indicating that you are attending the Legal Conference.

Date: 6/10/2022 from 9:00 am to 2:00 pm

Cost:

• CLE & Breathe (In-Person + Front Range Yoga Festival Ticket) - $200

• CLE (In-Person CLE Only) - $150

• CLE (Webinar Only) - $140

Description: The Criminal Law Section of the Montana State Bar is hosting the first CLE & BREATHE in Choteau, MT on Friday, June 10, 2022 from 8am-1:15pm. The CLE portion consists of 5 approved CLE credits. The “BREATHE” portion consists of the option to purchase a discounted ticket to the Front Range Yoga Festival. In an effort to promote lawyer wellness, we invite you to come for the CLE and stay for the weekend. The yoga festival begins Friday afternoon and finishes Sunday afternoon.

Agenda

Involuntary Commitments and Mental Health in the Justice System: Q&A with Judge Elizabeth Best of the 8th Judicial District and Judge Robert Olson of the 9th Judicial District

Course Description:
This 90 minute course will focus on mental health in the criminal justice system. In a Q&A format, the Committee will pose questions to the Judges such as: When are Involuntary Commitments are appropriate and when they are not? When to accept or decline a defendant’s plea? We will ask for their perspective on Fitness Hearings. And how they handle sentencing hearings when mental health issues exist. We will ask for their perspectives and experiences from the bench, as well as, best practice recommendations.

Brady & Giglio Issues: Keeping Officers Honest - Adam Duerk, Member at Knight Nicastro MacKay

Course Description:
The purpose of this 90 minute course is to provide attorneys with information to determine whether an officer has or has not properly fulfilled their reporting and testimonial requirements mandated under the U.S. Supreme Court decisions including Brady v. Maryland 373 U.S. 83 (1963) and Giglio v. U.S. 405 U.S. 150 (1972) and its progeny. The presenter will give case specific examples, practice tips, and best practice recommendations.

Jury Instructions: To Appeal or Not Appeal - Jordan Kilby, Missoula County Attorney's Office & Collin Stephens, Smith & Stephens PC

Course Description:
Historically, most successful appeals were the result of overlooked errors in jury instructions. Often these errors were verbose instructions that confused jurors. For an appeal to be successful, the jury instructions have to be read as a whole and found to contain errors that were not harmless, but rather which ultimately made for an unfair trial. Many of the appeals due to errors in jury instruction have been reduced to the implementation of pattern instructions. This course highlights the Does and Don’ts of jury instructions. The course will point out examples of appealable errors and how to protect against them. It will also review relevant jury instruction cases and practice trends from the defense and prosecution perspectives.