Patricia Jean Kyle

In my present practice, I concentrate largely on the representation of individuals in post-conviction proceedings such as appeals to appropriate state and federal courts of appeals, state supreme courts and to the United States Supreme Court. I also handle motions to reduce sentences, motions for new trial and other specialized state and federal and state habeas corpus motions and petitions. I have handled civil and quasi-criminal cases involving corporate mergers, contracts and criminal violations of United States securities laws.  I have handled specialized extradition and immigration cases, criminal and civil forfeitures and some land use litigation.         

            As United States Magistrate-Judge from 1977-1987, I handled initial appearances and evidentiary bond hearings—as many as 30 or more defendants a day. This caseload required me to be able to organize, coordinate and manage the court functions of the clerk and secretarial staffs, the arresting agents and the staff of the United States Marshal. From 1977 to approximately 1981, I rode circuit over an area covering over 500 miles, presided at three courthouses and managed the smooth functioning of the court and staff members in all three venues.

            In addition to initial appearances and bond hearings, I presided over all arraignments, preliminary evidentiary hearings and probation revocation hearings. I was responsible for the issuance of search warrants, administrative inspection warrants sought by OSHA, Internal Revenue enforcement orders and complaints against individuals charged with federal crimes. I had jurisdiction over extradition proceedings and requests from foreign powers, and presided over Federal Grand Jury proceedings, taking of Grand Jury returns and United States Naturalization proceedings and ceremonies.

            As United States Magistrate-Judge, I had jurisdiction over all misdemeanor cases as well as offenses occurring on federal lands.  Upon consent of the parties, I heard jury and non-jury civil trials. I also had referred jurisdiction from the United States District Court judges that permitted me to hear and resolve criminal pre-trial matters such as discovery motions, motions to suppress evidence, pre-trial conferences, calendar calls, jury selection and returns of jury verdicts.

            I have presided over federal and state civil pre-trial matters including, but not limited to, discovery and deposition proceedings, settlement negotiation, pre-trial conferences, omnibus hearings, requests for injunctive relief, calendar calls and mediation matters.  I have conducted hearings on and issued recommendations to the United States district judges on cases of habeas corpus, civil rights, denial of Social Security requests, Truth in Lending Act violations and requests under the Freedom of Information Act.

            As Magistrate-Judge and Bozeman City and Municipal Judge, I handled matters incident to the efficient administration of the court such as certification of the indigency of a prisoner or petitioner, issuance of arrest warrants on criminal indictments, informations or complaints, review of requests for judgments from other states and execution of such judgments and appointment of counsel for indigent defendants or for indigent witnesses subpoenaed to appear before grand juries.

            As BozemanCity and Municipal Judge, I was elected to be responsible for a court in chaos. The court had little staff; the filing system consisted of throwing documents onto the floor next to an unused desk; critical documents rarely made it to the state agencies to which they were directed; convictions were not registered, and the Supreme Court of Montana Administrative Office termed it the "worst run court in Montana." Under my direction, within one year, the court was functioning correctly, smoothly and efficiently, and the Administrative Office termed it the "best run court in Montana." As judge of this limited jurisdiction court, I handled all criminal misdemeanor cases, civil cases within specific monetary and other jurisdictional limitations, and I served on the boards of the county councils that created a public defender's office and that worked to resolve the overcrowding problems at the jail.

            From many postures, I have handled the prosecution, defense and or administration of almost every kind of matter to come before a court.

            In 2008, I reduced my criminal trial case load and now limit my practice to federal post-conviction matters.