Trial Decisions – Judge Conduct

A communication between a judge and a deliberating jury in the jury room holds the potential to substantially prejudice a defendant, but will not always result in reversible error.  Compare State v. Northcutt, 2015 MT 267, ¶ 16, 381 Mont. 81, 358 P.3d 179, with State v. Tapson, 2001 MT 292, ¶ 32, 307 Mont. 428, 41 P.3d 305.

Article VII, section 11(3) of the Montana Constitution and § 3-1-1107, MCA, allow this Court, upon recommendation of the Judicial Standards Commission, to impose discipline upon any Montana judge for violation of the Code of Judicial Conduct.  Judicial Stds. Comm'n of Mont. v. Baugh, 2014 MT 149, ¶ 12, 375 Mont. 257, 334 P.3d 352.