A lawsuit filed in Helena on Thursday will put the issue of assisted death front and center on Montana's legal plate. The suit was filed on behalf of two terminally ill patients, one from Billings and another from Livingston who both say they want the right to die with dignity. Four doctors from Missoula are also part of the case which was filed in Helena District Court.

 Robert Baxter, 75, of Billings and Steven Stoelb, 53 are both terminally ill and their attorney, Mark Connell of Missoula, filed the suit against the State of Montana and Attorney General Mike McGrath. The plaintiffs are asking that doctors not be prosecuted for helping mentally competent adult patients who are facing terminal illnesses choose when and how they die.

The plaintiffs are seeking a declaratory judgement and injunctive relief to prevent Montana's criminal homicide statutes from being applied against physicians who wish to help their patients achieve a peaceful and human death by providing assistance in dying.

The complaint is based on rights guaranteed in the Montana Constitution and site the right of privacy, individual dignity, due process, equal protection of the law and the right to seek safety, health and happiness in all lawful ways. The complaint mentions three homicide statutes including Deliberate Homicide which states that a person commits the offense of Deliberate Homicide if the person purposely or knowingly causes the death of another human being.

Attorney Connell is asking the state to basically de-criminalize Montana's homicide law in specific cases where doctors assist their mentally competent adult patients who are facing imminent death from a terminal illness. Connell's suit would change the law to make it unconstitutional to charge doctors in these cases with a crime.

He also tells us that the suit seeks to spell out that it's the patient's right to choose how and when they die, not the government's right to forbid it. The state now has 40 days to respond to the lawsuit.

The most recent case in Montana involving assisted suicide occurred back In September of 2004 and in that case Ennis doctor James Bischoff was charged with Deliberate Homicide for helping end the life of an 85 -year old woman who had suffered a debilitating stroke. Bischoff pleaded guilty to a lesser charge of  Negligent Homicide a year later.