This note explores how this provision, referred to interchangeably as Article II, Section 15 and the rights-of-minors provision throughout, has developed since its adoption. Part II of this note discusses the sources of the provision, including key United States Supreme Court precedent on juvenile rights in the years immediately before the Convention, and the evolution of the provision through several stages of the 1972 Montana Constitutional Convention. Part III examines the structure and substance of Article II, Section 15 by dividing the provision into three subparts and illustrating how each sub-part functions through relevant Montana Supreme Court decisions. Part IV discusses the potential flaws of the Court’s interpretation and application of the rights-of-minors provision by focusing again on each subpart, and suggests new approaches to understanding and applying its rules. Part V concludes the note.
Rebecca Stursberg, Still-in-Flux: Reinterpreting Montana's Rights-of-Minors Provision, 79 Mont. L. Rev. 259 (2018). Available at: https://scholarship.law.umt.edu/mlr/vol79/iss2/5