Ruling on water compact wanted
Despite occasional warts and wrinkles within the system, I have maintained a lifetime respect for our country’s judiciary. Decisions issued from a courtroom bench can change a life, a community, and sometimes a nation. The mental burden resting upon judges is likely incalculable.
Such must be the case for Lake-Sanders Country District Court Judge, James Manley. In a news publication of October 26, 2013 Judge Manley remarked that he applied for the judicial appointment “to give back to the community and the profession that have been good to me and my family.”
In the same article, Judge Manley also noted his great respect for retiring Judge C.B. McNeil, as “the most efficient, effective and organized judge in the state by far—that the longest anyone had to wait on a ruling from him (McNeil) was 10 days.”
With regard to a case awaiting Judge Manley’s ruling, that challenges the legality of the State Legislature’s April 11, 2015 vote on the proposed Confederated Salish and Kootenai Tribes Water Compact, the burden must be heavy, and consequences severe, no matter which way he rules. The case, DV-15-73, was filed in May 2015 with final arguments heard in March 2016.
For the most part, judicial rulings are well grounded in the law, thoughtful and deliberate. Whether from a sense of pure fairness and justice, or simple ego, judges do not like to be appealed or overturned.
Far longer than 10 days, it has now been over 100 days that Montana residents and elected officials await a ruling. One would hope that Judge Manley’s due diligence and ruling will soon free him of the burden of indecision, and allow Montana citizens to move to the next stage of addressing his decision.
No matter how well grounded in the law, thoughtful or excellent his ruling, the politics of Montana forebodes an appeal to the Montana State Supreme Court of Judge Manley’s ruling. The future economy of Montana, the status of state authority, and livelihood of thousands of landowners must ultimately be resolved. No doubt, Judge Manley would like to be free of such a consequential decision soon as well.
-Elaine Willman, Ronan