Jason Trinity Holden

AV Rated Trial Attorney & Appellate Advocate

Jason is an AV Rated (Martindale-Hubbell) trial attorney and appellate advocate with more than 25 years of experience representing clients in complex civil and criminal litigation throughout Montana. He has tried numerous jury and bench trials in both Federal and State courts, argued over a dozen appeals before the Ninth Circuit Court of Appeals, and appeared in State courts from Libby to Billings and Havre to Sidney. Jason’s litigation and appellate practice is built on a client-driven strategy, emphasizing preparation, courtroom skill, and resolution-oriented advocacy.

Civil Litigation Practice

Jason’s civil litigation practice emphasizes the effective use of the Rules of Civil Procedure and focuses on trial preparation, while also pursuing resolution through early neutral evaluation and mediation. His areas of focus include: 

  • Business, corporate, and partnership disputes 
  • Oil and gas contracts and litigation 
  • Breach of contract disputes 
  • Insurance coverage and claims litigation 
  • Construction disputes 
  • Personal injury, premises liability, and products liability 
  • Employment litigation (management only, including wrongful discharge) 
  • Estate, probate, and trust contests 
  • Real estate disputes 
  • Personal Injury 
  • Intellectual property (copyright, trademark, and trade secrets) 
  • Family law litigation 

Jason has successfully resolved many cases before trial through negotiation and mediation but is fully prepared to try cases to verdict or pursue appellate relief when necessary. 

Criminal Defense Practice

Jason’s criminal defense practice is founded on thorough preparation, the use of expert witnesses and investigators, and a focus on developing mitigation strategies. He defends clients facing charges in both State and Federal court, including Indian Country offenses, and has represented individuals accused of the most serious crimes, including homicide, complex drug conspiracies, and white-collar crimes. His defense work includes: 

  • Deliberate, negligent, and vehicular homicide 
  • Assault and excessive use of force allegations 
  • DUI and vehicular offenses 
  • White collar crimes (bribery, theft, embezzlement) 
  • Complex drug conspiracies 
  • Sexual offense charges in State and Federal court 
  • Fish and game violations (including defense of firearm discharges in Glacier National Park and allegations of illegal cloning) 

Jason has represented clients facing mandatory life sentences and the death penalty. He has secured dismissals, pretrial diversion agreements, deferred prosecution agreements, and Not Guilty verdicts, including in his first Federal jury trial as a Federal Defender.

Appellate Advocacy

Jason is a seasoned appellate lawyer with extensive experience before the Montana Supreme Court, the Ninth Circuit Court of Appeals, and in preparing Petitions for Writ of Certiorari to the Supreme Court of the United States. He has argued before the Ninth Circuit on more than a dozen occasions, including notable constitutional and criminal defense cases. 

Representative Appellate Successes:

Representative Appellate Successes: 

  • D.R. Four Beat Alliance v. Sierra Prod. Co., 2009 MT 319 – Reversal of a $2.5 million jury verdict in a complex breach of contract and oil and gas dispute. 
  • Volk v. Goeser, 2016 MT 61 – Secured imposition of a $2.3 million constructive trust for life insurance proceeds. 
  • In re Marriage of Broesder, 2017 MT 223 – Reversal of District Court order forcing the sale of a family farm in a dissolution. 
  • Kurtzenacker v. Davis Surveying, Inc., 2012 MT 105 – Reversal of a personal judgment entered against his client. 
  • U.S. v. Whitehorn, 123 Fed. Appx. 752 (9th Cir. 2005) – Dismissal of all charges based on unconstitutional search and seizure. 
  • U.S. v. Fisher, 607 Fed. Appx 645 (9th Cir. 2015) – Reversal after client was denied a lesser-included defense. 
  • Sage Fin. Prop., LLC v. Fireman’s Fund Ins. Co., 2020 MT 47 – Landmark ruling on Federal Removal timing in Montana. 
  • State v. Strommen, 2024 MT 87 – Reversal of a 40-year conviction based on violation of client’s Fifth Amendment confrontation rights. 

Additional appellate victories include Fossen v. Fossen, 2013 MT 299; In Re Estate of Schott, 2011 MT 103; XU v. McLaughlin Research Inst., 2005 MT 209; Heavy Runner, 2024 MT 112; Spawn, 2023 MT 182, and successful writ proceedings before the Montana Supreme Court. 

Local Counsel & Federal Practice

Jason routinely serves as local counsel for out-of-state firms in Montana State and Federal courts, where rules require local counsel to have full authority to act on behalf of the client. He emphasizes the value of experienced, engaged local representation rather than passive “bag carrier” counsel. 

Recognition & Honors

  • AV Rated, Martindale-Hubbell 
  • Super Lawyers, Mountain States – 2015–present 
  • Rising Stars, Civil Litigation, Defense – 2010–2014 (top 2.5% of Montana attorneys) 
  • Criminal Defense Trial Lawyer of the Year, Montana Criminal Defense Trial Lawyers Association (2007) 
  • Neil Haight Pro Bono Award, State Bar of Montana (2011) 
  • Head Coach of Central Catholic Mustangs Speech and Debate – 2017 – 2023 (Class C State Champions 2019 and 2023 – Class B State Champions 2020 – MEFA Class C coach of year 2019 – MEFA Class B The Matt Stergios coach of year 2020) 
  • 2023 Distinguished Alumni Award University of Montana Davidson Honors College 

Professional Service

  • Appointed Commission on Practice, Montana Supreme Court (2024–present) 
  • Past President, Montana Association of Criminal Defense Lawyers (2014–2015) 
  • Board of Trustees, State Bar of Montana (two terms) 
  • Secretary-Treasurer, State Bar of Montana (two terms) 
  • Past President, Montana New Lawyers Section, State Bar of Montana 
  • Past President, New Lawyers Chapter, Cascade County Bar Association 
  • Board Member, Montana Legal Services Association (years) 
  • Appointed to Legislative OPD Task Force by Governor Steve Bullock (2015–2016) 
  • Served on Local Rules Committee, Montana Federal District Court

Education

  • J.D., with honors, University of Montana School of Law (2001) 
    • Member & Co-Conference Coordinator, Public Land and Resources Law Review 
    • Norman Hanson Legal Writing Award in Appellate Advocacy 
  • B.A., with high honors, Political Science, University of Montana (1998) 
    • University Scholar, Davidson Honors College 

Publications

Paving a Road, Reaffirming a Roadblock, 21 Pub. Land & Resources L. Rev. 145 (2000) – commentary on City of Monterey v. Del Monte Dunes, 526 U.S. 687 (1999).

Court Admissions

  • State Bar of Montana 
  • United States District Court, District of Montana 
  • Ninth Circuit Court of Appeals 
  • Supreme Court of the United States 

Background

Raised in the railroad town of Havre, Montana, Jason learned the values of discipline and work ethic shining shoes in his father’s barbershop. His blue-collar upbringing continues to shape his approach to advocacy: practical, hard-working, and client focused.  

Jason is a lung cancer survivor who is dedicated to living a purposeful life by making a lasting impact on everyone he encounters whether it be his family or a stranger.