Ms. Irma Russell has been at the remodeled UM Law School for a little over a year now. Since she has arrived, a question has been put to her: "Are your students Lawyers?".
In the case Shapiro in front of the Montana Supreme Court in 1996, it was determined that practice while a law student was eligible for a Jefferson Co. Montana candidate for County Attorney. It seems that since 1975 when the state's highest court adopted an order for the Student Practice Act no one in the state is currently willing to uphold it; not the Attorney General, not the District Courts, and the question to Ms. Russell is: will the UM Law School?
The American Bar Association (ABA), gives permission for the UM Law School to have a clinic, that is, allow students to practice prior to passing the Montana Bar Exam, and swearing an oath to uphold the Montana and US Constitution. The ABA is being mute on the issue, although they could pull the plug on UM's clinic program--thereby not allowing students to practice.
The Montana Attorney General, and a prominent Missoula law firm keeps citing the "The Student Practice Rule" (which does not exist) in court pleadings. The Student Practice Act ensures supervision of law students by competent licensed attorneys at all times. The problem is, UM grads are bragging on Linkedin accounts of being student prosecutors, with "independent" experience which is prohibited by the aforementioned Act.
So the issue goes back to Dean Irma Russell: will you allow your students to violate a court order, which carries jail time for criminal contempt of court for violating The Student Practice Act (order # 12982)? One of the other aspects of this issue is the public nature of the University of Montana Law School, and the Dean deferring and delaying acting on, meeting with public stakeholders, or making policy for University of Montana Law Students as their Dean.
Showing posts with label Montana Supreme Court. Show all posts
Showing posts with label Montana Supreme Court. Show all posts
Friday, September 3, 2010
Wednesday, November 11, 2009
Tungsten Holdings
One Story on the Integrity of Tungsten Holdings.
Second lawsuit imposed by Tungsten Holdings. They are wiping us out--I don't know what we'll do this time.
In 1991 Tungsten Holdings became the owner of property adjacent to mine and part of HES 744 established in 1929. The entire homestead is surrounded by Forest Service land. The northern portion purchased by Tungsten has never had a residence on it and since 1974 had been inaccessible through our place, as the dirt "road" had been washed out by a devastating flood. The northern portion had been in the Grambauer family until purchased (or acquried through lack of payment of taxes) since 1929.
Bert Grambauer, who took some interest in visiting the property once in awhile died in 1972. His wife died in 1973. The three nephews to whom the property was willed took little interest in the property and one never even visited the property. Obviously, Tungsten Holdings discovered this and struck in their usual manner. They quickly acquired the property (which had no legal access) planning to force neighbors into an easement through their property and then sell the property for an exorbitant sum.
In short order, they began hounding me for an easement through my property. I tried to deal with them for a couple of years, but then they sued. They also sued for a portion of property along my northern property line (their southern property line)--the line which Grambauer and I had agreed upon.
To make a long story short, we won at District Court level in 1998. Tungsten appealed to the Supreme Court and won everything back in a judgment in 1999. Because they didn't like to even associate with us then, they nearly forced us to sign an agreement (which amounted to a gag order on my husband and a "be reasonable" order on me) in 2000. (They didn't like the way we were trying to defend our own property rights.)
Our attorney advised us to sign it and be rid of them. Well, finally they found they HAD to talk with us on certain matters and started talking to my husband, as well. NOW they are suing us again for breach of the agreement!!
This time they are asking for punitive damages as well as requesting us to remove signs ON OUR OWN PROPERTY. IN SHORT, THEY HAVE BEEN HARASSING US FOR I8 YEARS !! I don't know where to turn.
We do not have the money to hire an expensive attorney, and it is a complete lose-lose situation for us. They could essentially wipe us out with punitive damages claimed and payment of their attorney fees. They are VERY POWERFUL and MALICIOUS!!
I have lived on this property for 42 years, and they are trying to devastate us now in our retirement years. This is clearly a case of 18 years of harassment and now elder abuse, but because of their money and power, Tungsten Holdings will win again. I feel great sorrow in losing faith in our judicial system, and it is not right that a powerful corporation should be allowed to bankrupt individuals clinging to rights granted by our Constitution, but money and greed rule our judicial system.
Landowner, Libby, MT
Email your Tungsten Holdings Horror Stories to Me Crystal L. Cox - Real Estate Industry Whistleblower at Crystal@CrystalCox.com
Second lawsuit imposed by Tungsten Holdings. They are wiping us out--I don't know what we'll do this time.
In 1991 Tungsten Holdings became the owner of property adjacent to mine and part of HES 744 established in 1929. The entire homestead is surrounded by Forest Service land. The northern portion purchased by Tungsten has never had a residence on it and since 1974 had been inaccessible through our place, as the dirt "road" had been washed out by a devastating flood. The northern portion had been in the Grambauer family until purchased (or acquried through lack of payment of taxes) since 1929.
Bert Grambauer, who took some interest in visiting the property once in awhile died in 1972. His wife died in 1973. The three nephews to whom the property was willed took little interest in the property and one never even visited the property. Obviously, Tungsten Holdings discovered this and struck in their usual manner. They quickly acquired the property (which had no legal access) planning to force neighbors into an easement through their property and then sell the property for an exorbitant sum.
In short order, they began hounding me for an easement through my property. I tried to deal with them for a couple of years, but then they sued. They also sued for a portion of property along my northern property line (their southern property line)--the line which Grambauer and I had agreed upon.
To make a long story short, we won at District Court level in 1998. Tungsten appealed to the Supreme Court and won everything back in a judgment in 1999. Because they didn't like to even associate with us then, they nearly forced us to sign an agreement (which amounted to a gag order on my husband and a "be reasonable" order on me) in 2000. (They didn't like the way we were trying to defend our own property rights.)
Our attorney advised us to sign it and be rid of them. Well, finally they found they HAD to talk with us on certain matters and started talking to my husband, as well. NOW they are suing us again for breach of the agreement!!
This time they are asking for punitive damages as well as requesting us to remove signs ON OUR OWN PROPERTY. IN SHORT, THEY HAVE BEEN HARASSING US FOR I8 YEARS !! I don't know where to turn.
We do not have the money to hire an expensive attorney, and it is a complete lose-lose situation for us. They could essentially wipe us out with punitive damages claimed and payment of their attorney fees. They are VERY POWERFUL and MALICIOUS!!
I have lived on this property for 42 years, and they are trying to devastate us now in our retirement years. This is clearly a case of 18 years of harassment and now elder abuse, but because of their money and power, Tungsten Holdings will win again. I feel great sorrow in losing faith in our judicial system, and it is not right that a powerful corporation should be allowed to bankrupt individuals clinging to rights granted by our Constitution, but money and greed rule our judicial system.
Landowner, Libby, MT
Email your Tungsten Holdings Horror Stories to Me Crystal L. Cox - Real Estate Industry Whistleblower at Crystal@CrystalCox.com
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