Shultz v. Hooks’s Empirical Analysis
1994
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently March 2014
12 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Maulding v. Hardman · Koch Ex Rel. Koch v. Billings School District No. 2
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he malpractice action here is a direct result of [the attorney’s] representation of [the client] in the action for a guardianship accounting-an action in which [the judge] also represented [the client]. Although we conclude that [the judge] was required by § 3-1-803, MCA, to disqualify himself from presiding over the subsequent malpractice action against [the attorney], we emphasize that there is absolutely nothing in the record to indicate any wrongdoing or unethical conduct on the part of [the judge]. [The judge] represented [the client] for a short period of time beginning nearly eighteen years ago and his representation did not progress to the point of filing an action against [the client’s] guardian, but rather, merely involved preliminary investigation. A judge is not prevented from presiding over matters which involve his or her prior clients if the action involves another matter. Although this malpractice action is technically a separate action from the underlying suit against [the client’s] father relating to the guardianship, it arises from the legal representation in that lawsuit, albeit the representation by [the attorney] and not that of [the judge].”
2 later decisions quote this exact passage · from the majority“[a]ny justice, judge, justice of the peace, municipal court judge or city court judge must not sit or act in any action or proceeding: 3. When he has been attorney or counsel in the action or proceeding for any party[.]”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.