R. Skurdal v. J. Walker
2025 MT 174
| Mont. | 2025Background
- Rodney Owen Skurdal, a non-lawyer, attempted to represent Ronald Trow in a criminal case in the Yellowstone County Justice Court before Justice of the Peace Jeanne Walker.
- Judge Walker denied Skurdal's attempt to represent Trow, as Skurdal was not a licensed attorney, and ordered him to leave the defense table; Trow was subsequently appointed a public defender.
- Skurdal filed suit against Judge Walker, alleging violations of his and Trow’s rights and advancing arguments associated with the "Sovereign Citizen" movement.
- The district court dismissed the case with prejudice, holding Judge Walker and Yellowstone County immune from suit under judicial and governmental immunity doctrines.
- Skurdal appealed the dismissal to the Montana Supreme Court, contending judicial immunity did not apply and that he had the statutory right to represent Trow.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Skurdal could represent Trow in criminal court | Skurdal argued he had a statutory right to represent Trow as a non-attorney. | Only licensed attorneys can represent others in criminal cases. | Skurdal, as a non-lawyer, cannot represent others in criminal court. |
| Whether Judge Walker & Yellowstone County are immune | Judge Walker exceeded jurisdiction and was not entitled to immunity. | Judge acted within judicial capacity and court’s jurisdiction. | Both are immune from suit under judicial and governmental immunity. |
| Whether Judge Walker had jurisdiction over Trow’s case | Walker lacked jurisdiction due to bond/insurance and “Sovereign Citizen” claims. | Jurisdiction existed; statutory requirements were met. | Court had jurisdiction; Sovereign Citizen arguments rejected. |
| Whether dismissal without leave to amend was error | Skurdal should have been allowed to amend complaint. | Amendment would be futile due to immunity. | Dismissal without leave to amend affirmed; amendment would be futile. |
Key Cases Cited
- Wheat v. United States, 486 U.S. 153 (U.S. 1988) (non-lawyers may not represent others in court)
- Guill v. Guill, 377 Mont. 216 (Mont. 2014) (non-lawyers cannot represent others in Montana courts)
- Sparks v. Johnson, 252 Mont. 39 (Mont. 1992) (civil procedure statute does not apply to criminal representation)
- Bradley v. Fisher, 80 U.S. (13 Wall.) 335 (U.S. 1871) (recognizing absolute judicial immunity for judicial acts)
- Steele v. McGregor, 288 Mont. 238 (Mont. 1998) (judicial immunity protects judges for acts in their official capacity)
- Hartsoe v. Tucker, 371 Mont. 539 (Mont. 2013) (judicial immunity applies unless there is clear absence of jurisdiction)