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Wagman v. Motl

Wagman v. Motl, 2015 MT 168 (June 23, 2015) (Rice, J.) (5-0, aff’d & rev’d)

Issue: Whether the district court erred by transferring Wagman’s declaratory judgment action to Lewis & Clark County.

Short Answer: No, transfer was warranted, but the district court lacked power to transfer to a specific department and judge.

Affirmed in part and reversed in part

Facts: Pat Wagman was a 2010 candidate for state Senate District 31, which included all of Park County and most of Sweet Grass County. The Commissioner of Political Practices, Jonathan Motl, filed a civil enforcement action against Wagman in Lewis & Clark County. Before filing, Motl notified the Lewis & Clark County attorney, providing an opportunity for the county attorney to prosecute.…