Montana Legendary attorney, 69, a headline-maker on cases

By Carly Flandro Bozeman Daily Chronicle BOZEMAN, Mont. (AP) -- At age 69, legendary Bozeman attorney Jim Goetz has no plans for retirement, which -- for opposing lawyers -- is bad news. Goetz's reputation and record are enough to intimidate anyone challenging him in court. "If you had to choose five of the top general practice lawyers in the state, you would have to include Jim Goetz," Gordon Bennett, a former district judge of Helena, said recently. "If you had to choose the top constitutional lawyer in the state, you'd have to choose Jim Goetz.He's highly ethical and a terrific battler." Goetz has been practicing in Bozeman for decades. In that time, he's helped secure stream access in Montana, ensured all schools receive fair funding for education and drafted the Montana Conservation Easement Law. He's also been a central figure in well-known cases such as the Larry Moore murder trial and another involving property that the late famed CBS journalist, Charles Kuralt, had left behind. Goetz has consistently made headlines throughout his career, and even today is working on a dozen cases that range from the legality of medical marijuana to the rights of same sex couples. He is currently a partner at the Goetz, Gallik & Baldwin law firm. "It's been a really interesting occupation," he said. "I'm not ready to hang it up yet." Goetz got an undergraduate degree in history from Montana State University after growing up in Ennis, then went on to Yale Law School. There, one of his professors was Robert Bork, a conservative judge whom President Ronald Reagan nominated for the Supreme Court but whom the Senate rejected. The New York Times called it "one of the fiercest battles ever waged over a Supreme Court nominee." "Although I wasn't in line with him politically, he was a very competent and interesting constitutional law professor," Goetz said of Bork. "He piqued my interest." After earning a degree from Yale, Goetz returned to Montana, where he would become one of the state's most respected constitutional lawyers. But Goetz had to overcome an obstacle before becoming an attorney: the state bar exam. He failed it the first time, but passed on his second try. At the time, law students who graduated from Montana schools were exempted from the bar. Goetz didn't think that was fair, so in his first case, he challenged that "diploma privilege." Eventually, that privilege was abolished and all law students were required to pass the exam before practicing. Goetz acknowledged that for a time he was not well liked by those at the University of Montana Law School. For several years, they had a roast at each year's end and wore "nasty T-shirts" with Goetz's name on them. "That was kind of a mortal combat battle because the dean over there hated me," Goetz said. "And I reciprocated." In another of his early cases, Goetz represented a client who was called to war but held that the U.S. Selective Service System was unconstitutional because it drafted only men and was sexually discriminatory. The court sided with Goetz, but "that case was quickly overturned in the Ninth Circuit," according to Goetz's website. One of his favorite cases took place in 1979, when a court blocked the U.S. Army Corps of Engineers' construction of a quarter billion dollar "re-regulation dam" below the main Libby Dam on the Kootenai River. Had the dam been built, it would've flooded another seven miles of the waterway. "That saved that part of the river," Goetz said. "That's a permanent contribution, so I'm pretty happy with that case." Later, he and former law partner William Madden got the National Wildlife Federation Resource Defense Award, primarily because of that case. Goetz also represented famed author A.B. "Bud" Guthrie, author of "The Big Sky," who was contesting a proposed subdivision in Teton County. And when CBS journalist Charles Kuralt died, Goetz handled a series of cases involving a piece of Kuralt's property near the Big Hole River. Kuralt had intended to deed the land to longtime friend Patricia Shannon. He never did so before he died, but penned a letter describing his wishes. Eventually, Shannon did get that land, but it took three trips to the Montana Supreme Court. Goetz also handled the "seminal Montana cases on stream access," according to his law firm's website. The two cases, regarding the Dearborn and Beaverhead rivers, established that the waterways were public and accessible for recreationists and others up to the high water mark. The cases made clear that rafters, fishermen and others have access to Montana's rivers and streams. "I think that's very important to a great many Montanans who have been used to fishing and floating for years," Goetz said. He also helped ensure that all counties, regardless of their natural resources, receive adequate and equitable education funding. Previously, counties with great wealth from oil, gas and coal got extra funding from local tax sources. But poorer counties didn't have those types of funds available. That issue remains a "constant struggle," Goetz said. Goetz has also represented the Salish and Kootenai tribes for more than 25 years, mostly on litigation regarding water issues in state and federal courts. John Carter, a tribal attorney who has worked with Goetz for years, said he's "one of the best, absolutely." "His trial capabilities, knowledge and use of the rules that the courts put on litigation is impeccable," Carter said. In his early years, Goetz worked as a constitutional and environmental law instructor at MSU. In 1972, he started a full-time solo law practice and had a reputation for taking on environmental suits for free or for reduced fees. "That's kind of like beating your head against the wall," Goetz said of how often he worked on environmental cases. "If you win a case you're very lucky." He said that's because the other side often has more resources. Eventually Goetz gained partners William Madden Jr. and Theodore "Russ" Dunn. "James Goetz has made his name -- and a tidy living -- in Bozeman, Montana, taking on what one admirer calls 'lost causes that turned out to be not so lost,'" Kyle Chadwick wrote in a 1991 article in The American Lawyer. Goetz said now he's able to be more selective and isn't as likely to take on so-called "lost causes." Published: Mon, Jan 16, 2012