Judges Raise Concerns Over Montana's New Underage Drinking Law October 6, 2003
News Summary
Judges from throughout the state are questioning the legality of Montana's new state law that holds parents responsible for youths arrested in possession of alcohol, the Missoulian reported Oct. 2.The law, which took effect Oct. 1, confiscates the driving licenses of youths found with alcohol and requires parents to pay higher fines and, in some cases, attend education classes about alcohol misuse with their children.
Judges are questioning whether the courts have the authority to force parents to pay for crimes their children committed.
"While the judges have clear authority over the youth who committed an offense, they don't have jurisdiction over the parents who have done nothing wrong," said Jim Oppedahl, state Supreme Court administrator.
But Sen. Duane Grimes (R-Clancy), who sponsored the bill, said parental involvement is necessary to prevent underage drinking.
"Increasing parental involvement is one of the most innovative and effective aspects of these improved laws governing underage drinking," said Grimes. "Discouraging the start of drinking in family settings while effectively enforcing these new laws are the most effective ways to curb a growing problem in our communities."
The Attorney General's office is expected to propose an amendment to the law during the 2005 legislative session that would address the controversial issue of parental involvement.
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