3-1-102, MCA


Thompson v. State, 2007 MT 185, 338 Mont. 511, 167 P.2d 867 Since the WCC does not appear in the list of courts of record enumerated in this statute, it cannot be “read into” the list. The fact that MAPA requires stenographic records is not sufficient to transform the WCC into a court of record for purposes of § 27-8-201, MCA. The WCC and other administrative tribunals may produce records which this Court or a district court may review on appeal. However, courts that produce records are not the same as courts of record, and the WCC is not presently authorized to issue declaratory judgments under the UDJA and § 27-8-201, MCA.


Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 Although Respondent bases its claim that the WCC is not a court of record upon the WCC’s lack of mention in § 3-1-102, MCA, the clear weight of authority, including other statutes and case law, tend toward a contrary conclusion. In the construction of a statute, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted. Section 1-2-101, MCA. In this situation, Respondent asks this Court to insert language into § 3-1-105, MCA, so that it reads “. . . and the municipal courts and no others are courts of record.” Although § 3-1-102, MCA enumerates several courts as courts of record, it contains no limiting language to indicate that only those courts mentioned qualify as courts of record in this State.