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J. Miller v. Fergus Co. Justice Court

2026-10-06

Authorities cited

Opinion

majority opinion

10/06/2026

OP 26-0629

Case Number: OP 26-0629

IN THE SUPREME COURT OF THE STATE OF MONTANA

2026 MT 237

JOHN DANIEL MILLER,

Petitioner,

v.

FERGUS COUNTY JUSTICE COURT

OF RECORD, HONORABLE KELLY

MANTOOTH, Justice of the Peace, Presiding,

Respondent.

ORIGINAL PROCEEDING: Petition for Writ of Supervisory Control

In and For the County of Fergus,

Cause No. CR-365-2026-29

The Honorable Kelly Mantooth, Presiding Judge

COUNSEL OF RECORD:

For Petitioner:

John Miller, Self-Represented, Grass Range, Montana

For Respondent:

The Honorable Kelly Mantooth, Fergus County Justice Court,

Lewistown, Montana

Decided: October 6, 2026

Filed:

Clerk

Justice Laurie McKinnon delivered the Opinion and Order of the Court.

¶1 Self-represented Petitioner John Miller has filed a Petition for Writ of Supervisory

Control, over the Fergus County Justice Court and the Honorable Kelly Mantooth. Miller

contends that Judge Mantooth has violated M. R. App. P. 14(3)(a) and 14(3)(b) because

Judge Mantooth has violated his First Amendment rights by arresting his friend who was

recording the pre-jury selection proceeding in Justice Court. Miller states he gave his

friend permission to do so, and his friend had recorded three other court hearings

previously. He adds that Judge Mantooth arrested his friend “1:47 one min and 47 seconds

into [his] case for [r]ecording” imposing a fine and jail time. Miller provides that he was

protecting his First Amendment right to free speech and contends that Judge Mantooth “has

a conflict of interest in this case” due to being a retired police officer after twenty-seven

years and now being a judge in the building where the allegation took place.

¶2 Pursuant to M. R. App. P. 14(3), this Court may exercise its supervisory control

power over all other courts and on a case-by-case basis. A petitioner must demonstrate a

case with purely legal questions and urgent or emergency factors, making the normal

appeal process inadequate. Additionally, the petitioner must show that the “other court is

proceeding under a mistake of law and is causing a gross injustice; [or] [c]onstitutional

issues of state-wide importance are involved[.]” M. R. App. P. 14(3)(a), 14(3)(b).

¶3 Miller’s writ raises a question of first impression. This Court has not had the

opportunity to address directly a court’s authority to impose “time, place, manner”

restrictions on the First Amendment right to free speech in a court room. A justice court

is defined in the Montana Constitution and in statutes. Each county shall have at least one

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justice of the peace, and justices of the peace “may perform their duties in dignified

surroundings.” Mont. Const. Art. VII, § 5(1). Since 2005, a justice court has been included

in the list of courts of record, pursuant to § 3-1-102, MCA. 2005 Mont. Laws ch. 557, § 1.

See also Thompson v. State, 2007 MT 185, ¶ 18, n.2, 338 Mont. 511, 167 P.3d 867. We

conclude that a court, such as the Fergus County Justice Court, may limit a person’s First

Amendment right to free speech with time, place, and manner restrictions.

¶4 A constitutional right to observe court proceedings exist. “It is true that the Supreme

Court has recognized a limited right of access to certain governmental proceedings,

specifically those related to the judicial process.” Dahlstrom v. Sun-Times Media, LLC,

777 F.3d 937, 947 (7th Cir. 2015) (citing Globe Newspaper Co. v. Superior Court,

457 U.S. 596, 605-06, 102 S. Ct. 2613, 2620 (1982) (recognizing a constitutional—though

not absolute—right of public access to criminal trials).

¶5 However, there is no recognized constitutional entitlement to record court

proceedings. Forty-five years ago, the United States Supreme Court affirmed a state court

decision, “reject[ing] the argument of the Plaintiffs that the first and sixth amendments to

the United States Constitution mandate entry of electronic media into judicial

proceedings.” Chandler v. Fla., 449 U.S. 560, 569, 101 S. Ct. 802, 807 (1981) (citation

omitted) (emphasis added). The Florida court relied on the high court’s holding in

Nixon v. Warner Communications, Inc., 435 U.S. 589, 98 S. Ct. 1306 (1978), which in part

stated: “The requirement of a public trial is satisfied by the opportunity of members of the

public and the press to attend the trial and to report what they have observed.” Nixon, 435

U.S. at 610, 98 S. Ct. at 1318 (citations omitted).

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¶6 Other courts have interpreted the high court’s conclusion that no First Amendment

right exists to have other electronic media in the courtroom.1 A state court pointed to this

conclusion, stating it “may not disregard the Supreme Court’s express conclusion

that there is no First Amendment right to record courtroom events.” McKay v. Federspeil,

22 F. Supp. 3d 731, 735 (E.D. Mich. 2014). The reason is due to the court’s inherent

authority to manage and to control the proceeding and impose time, place, and manner

limitations on people within its courtroom. See McKay, 22 F. Supp. 3d at 735-36.

¶7 In Montana, this Court has recognized limitations which may be imposed on the

First Amendment right to free speech. “First Amendment rights may be governed by

appropriate limitations on the time, place and manner of their exercise.” Dorn v. Board of

Trustees, 203 Mont. 136, 145, 661 P.2d 426, 431 (1983). This Court has recognized the

imposition of reasonable time and place restrictions on city council meetings because they

are not content-based restrictions. “Time, place, and manner restrictions that preserve a

city council’s legitimate interest in conducting efficient and orderly meetings are

permissible, so long as the restrictions are reasonable and viewpoint neutral.” Denke v.

Shoemaker, 2008 MT 418, ¶ 50, 347 Mont. 322, 198 P.3d 284 (2008). We explained that

the City of Thompson Falls could impose such restrictions to conduct its meetings. “[W]e

conclude[d] that imposition of reasonable and viewpoint-neutral time, place, and manner

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A law review article provided much more detail about a court’s authority and outside recording of proceedings. See “Any Rebroadcast, Retransmission, or Account of this Trial Without the Express Written Consent of the Judge is Prohibited”: The First Amendment and Judicial Constraints on Redistributing Courtroom Video, 72 Buffalo L. Rev. 809 (2024).

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restrictions at a city council meeting will not unduly hamper debate on public issues or

criticism of the conduct of public affairs.” Denke, ¶ 51.

¶8 The Justice Court is not restricting the content of Miller’s speech by disallowing

outside or external recording in the courtroom. A court by its inherent authority under the

Montana Constitution and statute may impose reasonable and content neutral restrictions

within the courtroom and its management of cases. As a court of record, the Justice Court

provides a record of the proceedings for the public to review or to acquire through purchase

of a transcript. We note that a court has the discretion to allow various other electronic

recordings but is not required to do so.

¶9 We further conclude that the Fergus County Justice Court has not violated Miller’s

constitutional rights in a public court proceeding and that Miller has not demonstrated any

criteria for this Court to exercise supervisory control over the Fergus County Justice Court.

As applied to Miller’s instant writ, the Fergus County Justice Court has the authority to

impose restrictions on Miller’s or his friend’s recording of the proceeding in the court.

Miller has not demonstrated any conflict of interest. Miller has a public hearing in a court

of record that records the proceeding for its use or subsequent review. Miller is incorrect

that the Justice Court violated his First Amendment right to free speech or any of the other

listed rights. The Justice Court may limit Miller from self-recording during his proceeding

within its courtroom. Even though Miller may not trust the presiding judge, Miller has no

constitutional right to record his proceeding or have someone else record the proceeding

for him.

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IT IS ORDERED that Miller’s Petition for Writ of Supervisory Control is DENIED

and DISMISSED.

IT IS FURTHER ORDERED that this matter is CLOSED as of this Order’s date.

The Clerk of the Supreme Court is directed to provide a copy of this Order to: the

Honorable Kelly Mantooth, Justice of the Peace; Sarah Hodge, Justice Court Clerk, under

Cause No. CR-365-2026-29; counsel of record; and John Miller personally.

DATED this 6th day of October, 2026.

/S/ LAURIE McKINNON

We Concur:

/S/ CORY J. SWANSON

/S/ JAMES JEREMIAH SHEA

/S/ BETH BAKER

/S/ JIM RICE

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