Supreme Court sides with Crismore
December 13, 2006
The Montana Supreme Court has ordered 19th District Judge Michael Prezeau to reinstate Stu Crismore to the Libby City Council.
Crismore had been removed from the Council by a 4-3 vote due to open neglect and failure to discharge his duties as a city council member.
The Supreme Court said that the District Court had failed to "reach the critical factual questions of how many meetings Crismore actually missed, whether he received due process prior to City Council decision to strip him of office, and whether he in fact neglected his office or refused to perform his duties".
The City contends that Crismore failed to attend eight of the previous nine regularly scheduled council meetings.
Crismore requested a Writ of Supervisory Control from the Supreme Court, which was granted and ordered the District Court to immediately reinstate the alternative writ of September 8, to prohibit the City from removing Crismore pending further order of the District Court.
The District Court will now set hearings in the matter to address those issues.
The issue appears to have been fast-tracked. The Supreme Court told KLCB News that the District Court records had only arrived at the Clerk of the Supreme Courts office November 28, and the classification of the case would take four to six months, the response periods of 30 day each, and then a decision by the court.
The Supreme Court issued its order to Judge Prezeau December 6.
Crismore told KLCB News that the City knew October 25 that he had requested the Writ of Supervisory Control from the Court.
Story by KLCB Radio News, www.bestcountryaround.com
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