Montana Lawyer April/May 2024

Described as a beloved professor, brilliant scholar, and fun and funny col league, Anthony Johnstone was sworn in Friday at the University of Montana as judge for the U.S. Court of Appeals for the Ninth Circuit. Chief Judge Emeritus of the Ninth Circuit Sidney Thomas, of Billings, administered the oath of office to Johnstone, a law school faculty member, former solicitor general for Montana, and former clerk for Thomas. JOHNSTONE INVESTITURE KEILA SZPALLER

Johnstone’s swearing in ceremony (Photo provided by Tommy Martino and the University of Montana)

“You will be a terrific member of our court,” Thomas said. The ceremony took place in the Jane and George Dennison Theatre at UM, and members of the legal community from Montana and across the country attended and gave Johnstone a standing ovation and offered cheers for Thomas. Johnstone’s wife, Autumn DeVos Johnstone, and their three children participated in the ceremony, and the Bible he used to take his oath belonged to his grandfather’s grandfather. Seventeen of Johnstone’s colleagues on the Ninth Circuit, the largest of the federal circuit courts, also took the stage for the event. Chief Judge Mary Murguia said Montana is known for its natural beauty, but she saw beauty in the theater, too. The theater seats 1,100, and it was more than half filled for the event. Murguia said it isn’t often that so many state and federal officials gather together in one place, especially for a positive event, and she found the welcome from the audience heartwarming. “It also, in my view, reflects your support of our democracy,”

Murguia said. To laughter, she said she especially appreciated that the former chief judge on the Ninth Circuit received even more applause than former Gov. Steve Bullock or retiring Montana Supreme Court Chief Justice Mike McGrath. Both McGrath and Bullock offered remarks at the ceremony. In an introduction, U.S. District Court Chief Judge Brian Morris of Montana said McGrath and lawyer Jim Goetz of Bozeman were especially significant mentors to Johnstone. McGrath said he heard Johnstone used to sit around and read the encyclopedia as a young man, and he said he thinks it’s prob ably true. He hired Johnstone early on in his career because another colleague in the legal community, now federal Chief Judge Brian Morris of Great Falls, said it was a good idea, he said. “I hired him based on Brian’s recommendation, and much to (Johnstone’s) annoyance, I never bothered to look at his

Hon. Anthony Johnstone (bottom left in photo) of the University of Montana school of law is sworn in as judge to the U.S. Court of Appeals for the Ninth Circuit. (Provided by Tommy Martino and the University of Montana)

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