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Bill would expand jury trials in constitutional challenges; ACLU and trial lawyers oppose
Summary
House Bill 480 would explicitly allow juries to determine disputed facts in constitutional challenges, proponents told the Montana Legislature’s Judiciary Committee, while opponents argued the move would substitute lay juries for specialized judicial analysis and add delay and cost.
House Bill 480 would explicitly allow juries to decide disputed facts in constitutional challenges, sponsor Representative Brandon Lear told the Judiciary Committee at a Feb. hearing. Proponents said the measure restores a citizen role in resolving factual disputes and would guard against perceived judicial activism.
The bill’s chief proponents framed the change as a return to foundational practice. “HB 480 explicitly grants parties to constitutional challenges the right to trial by jury to determine facts in…
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