Montana Justice McKinnon pleads not guilty to ‘reckless endangerment’

Montana Supreme Court Justice Laurie McKinnon has pleaded not guilty to reckless endangerment of emergency personnel in Broadwater County.

A ticket described the misdemeanor as driving a motor vehicle “while failing to slow down when approaching a stationary emergency vehicle with emergency lights active.”

The case is pending. A Broadwater County officer issued the citation at 6:17 p.m. on Nov. 27, and McKinnon pleaded not guilty on Dec. 8, according to court records.

The citation does not state an alleged speed McKinnon was traveling on U.S. Highway 287. County Sheriff Nick Rauser said Tuesday the limit is 70 by day and 65 by night where she was stopped.

Sunset that day in the county was 4:44 p.m. according to Fish, Wildlife and Parks. (The agency sets sunrise and sunset times in the state for game bird hunting.)

When passing an emergency vehicle with lights flashing on a state highway, statute requires drivers to reduce their speed by 30 miles per hour if they can move lanes and by half of the posted speed limit if they can’t move lanes.

County Attorney Kevin Bratcher provided the court records to the Daily Montanan but said the county could not release additional details about the case, such as alleged speed, until it concludes.

“I can’t comment on the specific facts in more depth than what is printed on the citation since the case is still pending,” Bratcher said in an email, citing professional conduct rules for lawyers.

An omnibus hearing, to address procedural matters, is scheduled for Jan. 20.

The maximum penalty for a first offense is 90 days in jail, a fine of up to $500, or both. The citation lists a fine of $285.

McKinnon could not be reached for comment by email sent late Monday afternoon. She was elected to the Montana Supreme Court in 2012, and re-elected in 2020.

Sheriff Rauser said he also could not provide additional details about the specific situation that led to the citation.

However, Rauser said the law is in place to protect workers, such as law enforcement, fire personnel and tow truck drivers.

Emergency responders may walk into the lane of traffic to investigate a crime, help victims or clean up debris on the road, he said.

“It’s just important to slow down so everyone on the scene is safe and nobody is getting injured or killed,” Rauser said.

In 2021 with House Bill 264, the Montana Legislature stiffened requirements for safely passing emergency vehicles, included tow trucks as vehicles for which slowing is required, and increased penalties.