DOC v. 8th Judicial Dst. ( 2020 )

ORMAL 04/24/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 20-0233 OP 20-0233 WARDEN LYNN GUYER,WARDEN JENNIE FI LED HANSEN,AND MONTANA DEPARTMENT OF CORRECTIONS, APR 2 4 2020 Bowen Greenwood Cierk of Supreme Coun Petitioners, State of Montana v. ORDER MONTANA EIGHTH JUDICIAL DISTRICT COURT,CASCADE COUNTY,HON. ELIZABETH A. BEST, DISTRICT JUDGE, Respondents. Petitioners Warden Lynn Guyer, Warden Jennie Hansen, and Montana Department of Corrections(DOC)seek a writ ofsupervisory control over the Montana Eighth Judicial District Court in Cause Nos. BDC-17-295, BDC-16-417, BDC-13-334, BDC-14-393, BDC-19-703, BDC-17-568, DDC-15-332(B), BDC-15-107, and BDC-18-327, to reverse that court's orders for immediate transfer ofthe defendants in those matters from Cascade County Detention Center (CCDC) to either the Montana State Prison or the Montana Women's Prison. DOC alleges the District Court has no authority to direct that these defendants be transported out of CCDC. DOC further requests a stay of proceedings in the District Court pending the outcome of this Petition as the District Court has ordered transportation to occur on April 27, 2020. Having reviewed the Petition and the challenged District Court orders, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M.R. App. P. 14(7), IT IS ORDERED that the Eighth Judicial District Court and Cascade County Attorney Joshua A. Racki, the movant in the underlying matters, or both, are granted twenty days within which to prepare, file, and serve a response(s) to the petition for writ of supervisory control in the above-listed Cause Nos. IT IS FURTHER ORDERED that the District Court's orders and further proceedings in the underlying case are STAYED pending this Court's decision on the Petition. The Clerk is directed to provide immediate notice of this Order to Cascade County Attorney Joshua A. Racki, and to the Honorable Elizabeth Best, presiding District Court Judge. DATED this 24th day of April, 2020. Chief Justice