5/23/2025
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
IN RE: The Participation of Judges in STANDING ORDER No. BMM-40
District Court Governance.
Pursuant to the unanimous agreement of all judges of the court in regular
active service, IT IS HEREBY ORDERED that Standing Order BMM-1,
governing the participation of senior judges in district court governance, is
WITHDRAWN.
IT IS FURTHER ORDERED that all judges who have retired from regular
active service under 28 U.S.C. § 371(b), and maintain a minimum active workload
as defined below, shall have the powers of a judge of the court to participate in
appointment of court officers and magistrate judges, rulemaking, and governance
in the District of Montana.
For purposes of determining whether a judge who has retired from regular
active service under 28 U.S.C. § 371(b) maintains a minimum active workload,
and therefore qualifies to participate in governance under this order, the following
criteria shall apply:
1. A judge who has retired from regular active service under 28 U.S.C. §
371(b) will be deemed to have met the workload standard if, during the
preceding calendar year, such judge performs ten (10) percent or more of
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the average work of the judges of this court in regular active service in at
least one of the following categories: total courtroom hours (including
pretrial conferences and settlement conferences); civil case assignments;
criminal case assignments; civil terminations; and criminal terminations.
2. Work performed in other district courts may be counted toward a judge’s
total work performed during the preceding calendar year in any category,
provided that such work performed in other districts may count for no
more than fifty (50) percent of such judge’s total work performed. In
accounting for work performed in other district courts, each out-of-
district case assigned to a judge shall count as a case assignment for the
calendar year during which such judge was first assigned to the case.
3. Work performed while sitting by designation on a court of appeals may
be counted toward a judge’s total work performed during the preceding
calendar year in the category of case assignments, provided that such
work may count for no more than fifty (50) percent of such judge’s total
case assignments. In accounting for work performed while sitting by
designation on a court of appeals, a judge will be credited for one district
court case assignment for each case heard on an appellate panel, to be
applied to that judge’s total cases assigned for the calendar year during
which the judge was assigned to the appellate panel.
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IT IS FURTHER ORDERED that the powers of judges who have retired
from regular active service under 28 U.S.C. § 371(b) may not be limited or
withdrawn except by unanimous agreement of all judges of the court in regular
active service.
The clerk shall immediately inform all judicial officers of this district of the
entry of this order.
DATED this 23rd day of May, 2025.
___________________________
Brian Morris, Chief Judge
United States District Court
Dana L. Christensen, District Judge
United States District Court
Susan P. Watters, District Judge
United States District Court
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