Opinion
OP 22-0618
11-15-2022
AARON JACKSON, Petitioner, v. STATE OF MONTANA, FLATHEAD COUNTY JUSTICE COURT, Hon. Eric Hummel, Presiding,
ORDER
Self-represented Petitioner Aaron Jackson has filed an "Emergency Petition and Memorandum for Writ of Supervisory Control" with this Court. Jackson requests that this Court order the Flathead County Justice Court "to calendar a timely hearing for disposition of Petitioner's Motion to dismiss on lack of jurisdiction . . . Jackson explains that he seeks this Court's original jurisdiction "to control Respondent Flathead County Justice Court which has failed to observe Petitioner['s] U.S. national status (Versus United [S]tates citizen status) and his constitutional right to common law Hearings." Upon review of Jackson's attachments, he was cited for several offenses in Justice Court, and he has a pending proceeding there. He concludes that he has no adequate remedy at law.
Supervisory control may be appropriate on a case-by-case basis. "This extraordinary remedy can be invoked when the case involves purely legal questions and urgent or emergency factors make the normal appeal process inadequate." State v. Spady, 2015 MT 218, ¶ 11, 380 Mont. 179, 354 P.3d 590 (citing M. R. App. P. 14(3); Redding v. McCarter, 2012 MT 144, ¶ 17, 365 Mont. 316, 281 P.3d 189). "The case must meet one of three additional criteria: (a) [T]he other court is proceeding under a mistake of law and is causing a gross injustice; (b) [C]onstitutional issues of state-wide importance are involved; or (c) [T]he other court has granted or denied a motion for substitution of a judge in a criminal case." Spady, ¶ 11 (quoting M. R. App. P. 14(3)(a)-(c)).
Jackson has an adequate remedy at law. Jackson should allow his proceeding in the Justice Court to conclude because the court possesses jurisdiction. Sections 3-10-303, and 46-2-202, MCA. He may then appeal that decision to the Flathead County District Court. Section 3-10-115, MCA.
Jackson is not entitled to a writ of supervisory control over the Flathead County Justice Court. He has not demonstrated that the court is proceeding upon a mistake of law, causing a gross injustice. M. R. App. P. 14(3)(a). He has has not shown urgency or that his remedy of a normal appeal to the District Court is inadequate. Spady, ¶ 11; M. R. App. P. 14(3). While Jackson may not agree with how his matter is proceeding, his matter is moving forward in the Justice Court. Accordingly, IT IS ORDERED that Jackson's Petition for Writ of Supervisory Control is DENIED and DISMISSED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to: the Honorable Eric Hummel. Flathead County' Justice Court: Amy Farrell, Office Administrator. Justice Court, under Case No. TK-385-2022-0001020; Michael Noonan; and Aaron Jackson personally.