Montana DOJ must pay attorney fees to Missoulian denied driver's license, judge rules

A judge ruled that the Montana Department of Justice must pay attorney fees for a Missoulian who recently successfully sued the state over the Motor Vehicle Division's refusal to issue them a driver's license.

On Tuesday, Missoula County District Court Judge Shane Vannatta granted Max Berndt's petition for attorneys' fees and costs stemming from the case of Berndt v. Bakri.

In 2021, Max Berndt, then 16, took their driver's test and passed, according to court documents. They then filled out the forms to get a driver's license. The form listed only "male" and "female" as sex options. Berndt, who had legally acquired a sex marker of "NB" for nonbinary on their birth certificate, wrote "NB" next to the options.

The MVD told Berndt that they had to choose either "male" or "female," and that they wouldn't be issued a license otherwise, according to court documents. Berndt and their parents went to court with the help of the American Civil Liberties Union in July 2024, requesting that the Montana DOJ and the Motor Vehicle Division be ordered to issue Berndt a license.

On Dec. 1, 2025, Vannatta issued an order siding with Berndt and ordering that a correct license be issued to them. The Montana MVD is also forbidden from denying correct driver's licenses to any Montanan who lists their legal sex on the application.

The office of the Montana Attorney General has previously stated that they intend to appeal the ruling.

Berndt provided affidavits showing attorneys' fees and costs of a total of $73,371.13, according to the order. The order states that the DOJ doesn't contest the amount.