Civil Forfeiture

Missoulian: High court rules for jury trials in civil forfeiture cases

State v. Items of Property (Chilinski)

“Section 44-12-203(3), MCA (2013), denied Chilinski the right to be tried by a jury, in violation of the guarantee to trial by jury provided by Article II, Section 26 of the Montana Constitution. The District Court erred when it denied Chilinski the right to a trial by jury in these civil in rem forfeiture proceedings. We reverse and remand for a new trial consistent with this Opinion.”