Conservatorship of JS, KS, & RS, 2015 MT 335 (Dec. 3, 2015) (Cotter, J.; McKinnon, J., dissenting) (4-1, aff’d)
Issue: Whether the district court abused its discretion in appointing a GAL to determine whether litigation of the minor children’s claims against their father and their father’s business from a car accident that kicked their mother is in the children’s best interests.
Short Answer: No.
Facts: Jennifer Soule was killed in 2012 when she and Michael were driving on the interstate, their car rolled, and both were ejected. Michael was charged with vehicular homicide while under the influence, but does not remember who was driving. The charges were eventually dropped due to police misconduct, loss or destruction of evidence, and violations of Michael’s constitutional rights.…