The Montana Supreme Court ruled that a former Montana Freemen member cannot sue a Yellowstone County justice of the peace. The decision came after Rodney Owen Skurdal attempted to defend a friend in a DUI case, but was barred by Justice Jeanne Walker. The court upheld that Walker’s actions were protected by judicial immunity and aligned with her official duties. Skurdal’s claims reflected ideas associated with the Freemen’s Sovereign Citizen beliefs.
In the 1990s, the Montana Freemen engaged in a notorious 81-day standoff with the FBI and Skurdal was a leading figure. He was convicted in 1998 for fraudulent activities and threats against a federal judge. In the recent case, Skurdal aimed to act as counsel for Ronald Trow during a legal proceeding related to a third DUI offense on June 4, 2024.
Without state bar credentials, Skurdal’s bid to represent Trow was rejected by Walker, who ordered him to leave the defense table. Skurdal lodged a lawsuit claiming Trow’s rights were violated. His arguments included that Walker lacked jurisdiction due to not possessing a proper bond and was practicing “admiralty law.” Walker dismissed these assertions, emphasizing that admiralty law is only applicable at sea.
The case was dismissed favoring Walker, reinforcing judicial immunity. The Supreme Court, in Chief Justice Cory Swanson’s opinion, addressed Skurdal’s misinterpretations of legal principles, such as the differentiation between capitalized and lower-cased legal party references. The ruling highlighted that the Sixth Amendment right to counsel does not extend to non-attorneys and the Montana Constitution prohibits layperson representation in criminal cases.
The court upheld that judicial immunity for Walker in her official capacity follows long-standing legal precedents established centuries ago and referenced by the U.S. Supreme Court. This case emphasizes the importance of licensed legal representation and the established legal protections for judicial actions.
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