State v. Polejewski ( 2020 )

ORIGINAL 07/08/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: DA 20-0306
DA 20-0306
FILED
STATE OF MONTANA, JUL 08 2020
Bowen Greenwood
Clerk of Suprerne Court
Plaintiff and Appellee, tate. of Montana
v. ORDER
PAMELA JO POLEJEWSKI,
Defendant and Appellant.
This matter is before the Court on appeal by Pamela Jo Polejewski from the Eighth
Judicial District Court, Honorable Greg Pinski presiding. Appellant Pamela Jo Polejewski
appears as a self-represented litigant in a civil forfeiture proceeding. Appellee Cascade
County Attorney's Office is the opposing party on behalf ofthe State of Montana.
Upon review ofthe issue challenging the constitutionality of§ 27-1-434, MCA,this
Court has determined that this case qualifies for referral to the Appellate Pro Bono Program.
However, volunteer counsel, should the person come forward, would be drafting a friend of
the court brief. This Court has determined that its review ofthe matter could benefit from an
amicus curiae brief drafted by pro bono legal counsel on this issue. Accordingly, the case
will be referred for participation in the Court's Appellate Pro Bono Program. Therefore,
IT IS ORDERED that the case is referred to the Montana Supreme Court's Pro Bono
Coordinator to recruit a volunteer, pro bono legal counsel who would then file a Notice of
Appearance on or before July 31,2020. Additionally,the volunteer counsel would prepare,
file, and serve an amicus curiae brief articulating the constitutionality of§ 27-1-434, MCA,
facially and as applied, from the Appellant's perspective in this matter, on or before
September 8,2020. Some ofthe applicable procedures set forth in the Court's May 22,2012
Order establishing the Appellate Pro Bono Program will govern.
The Clerk is directed to provide a copy of this Order to Appellant, to counsel of
record, to the Court's Pro Se Law Clerk, and to the Pro Bono Coordinator, Patty Fain.
DATED this day of July, 2020.
Chief Justice
e
Justices
2