10/11/2018
Dear Citizens and Colleagues: October 2018
I am saddened at the recent level of attacks against me, suddenly, just before an election. They began in earnest immediately after the primary election and have increased as we approach the general election. This appears as an orchestrated political attack, which is disappointing. Especially if being used to mis-direct voters during an election. Disagreements can be discussed; but partial stories, left out facts, and non-truths to gain political advantage, cannot be condoned. Not now and not ever.
Instead I’ll tell you some of the positive changes that I’ve made in my court (and new measures I’m proposing) to facilitate a smooth flow through the court system and save taxpayer’s money. Since my election in 2014, I implemented changes in my court based on efficiency, legality, professionalism and ethics.
1. I support being a court of record. I submitted appropriate budget requests, but they were rejected. Being a court of record would protect everyone equally. No more disagreements about who said what.
2. I spent several months during non-work hours physically auditing files for bad warrants (out of jurisdiction or issued for non-payment of fines). I quashed these warrants. This prevented people from being wrongfully arrested in violation of the Constitution & the County being exposed to hundreds of thousands of dollars in liability. ($10,000 per hour liability for wrongful incarceration.)
3. The last fiscal year, my Dept. #1 court revenues were $200,000 higher than those in the other court, Dept. #2. We have the same caseloads. I do not assess higher fines, but it’s the result of new and improved policies and procedures I have re-structured since my arrival in 2014. These policies are paying off for the taxpayer and court efficiencies.
4. I developed a court clerk Policy and Procedure Manual. There wasn’t one before.
(Please also review my recommended changes to our current court set-up and staffing I’m discussing with Judge Holloway and the County Commissioners. Released 10-9-18.)
A proven judge. I have 13 years of judicial experience. I am the first Missoula County Justice of the Peace to also be an attorney. Attorneys, given the additional educational and training required by the State of Montana, have a more detailed legal knowledge base to begin with than non-lawyers in the same position. The need for a judge committed to the constitution and the rule of law remains more essential than ever. Everyone benefits from my unwavering commitment to remaining non-partisan and independent. That commitment is not always well-received by those who don’t follow the rule of law as closely, or who don’t follow these mandatory ethical and judicial requirements absolutely. But it will not change my approach or my ethical commitment to citizens’ rights and the laws we must follow. An independent judge is critical to the integrity of the judiciary. I am not beholden to party politics, elected officials, or anyone else. I am beholden to the law and a citizen’s absolute knowledge they’ll receive fair and legal proceedings in my courtroom.
Professional, compassionate, ethical. I regularly handle heavy caseloads and volatile situations. I clearly understand that the law is my boss; no one and nothing else. Many appearing in Justice Court are pro se. Everyone is treated equally. Fairness is a constant, regardless of who the person is, or is not. My job is not one of power but one of service.
Separation of Powers. The Board of County Commissioners (BCC) is part of the Executive Branch. Justice Court is part of the Judicial Branch. These two branches of government, as created in our Constitution, are
separate branches of government with clearly defined powers. My concern is that the BCC lacks the authority to impose their will on Justice Court. Clashes over this concept have occurred in local government before. We can avoid this and act with civility and intelligence.
“The Investigative Report”. This report generated at the behest of the County (I’m still unsure by whom in the County or under what authority they did so) suggested many concerns with Justice Court, Dept. #1. This report was generated, incidentally, just weeks before this election. Perhaps a coincidence, perhaps not. Elections have lost their civility, and those seeking victories too often obstruct fairness and instead provide false accusations and slander as a campaign strategy.
Prior to this suddenly emerging Report, no grievances were filed by employees in my court. No complaints have been filed regarding my court in the 3½ years before this report surfaced, just before an election. Nothing. Yet, our taxpayer funds were summarily spent on this “Investigative Report”, that had so much urgency after 3 ½ years of no employee grievances. I sincerely hope not, but It appears taxpayer money was spent to further someone’s political agenda, not just to illuminate ‘breaking news’, or perhaps ‘fake news’. The coincidence is striking.
And I am prohibited from responding specifically to this “Report’s findings” without violating the Code of Judicial Conduct, (judges are bound by this), and County employee confidentiality laws which could expose the County to liability and lawsuits. I am sure those supporting the publication of this Report know the prohibitions on my ability to respond openly. I see no other reason to suddenly unveil this mysterious “Report” now, weeks before an election, other than to attempt to mislead voters and have them question their allegiances, based on allegations and unsubstantiated stories missing many of the facts.
But just to be clear---as these seem to be the TOP Findings of said “Report”:
1. I do not make clerks feed kittens. My two friends and I catch kittens at the Bitterroot dump in Victor. We then find homes for them. Most of them are very tiny. This means they must be fed multiple times per day. I bring them to work with me in order to feed them. I have horses, donkeys, a dog and cats myself; I rescue & care for animals. Many of these kittens have been adopted by County employees & other folks within the justice system. Clerks are more than welcome to hand feed them but certainly not required to do so. It’s just plain false to say otherwise. Thus far we have rescued 32 kittens and found them homes.
2. I do not collect or keep court monies on my back porch. A while back, I had surgery and was at home for 6 weeks. Court files were delivered and picked up daily for me to work on. This saved taxpayers money by requiring fewer sub judge hours. A clerk would call me when they were leaving the Courthouse. I would watch for them. They would pick up the files I just set outside and deliver the new files. Upon delivery, I picked them up and brought them inside. It’s that simple. No mystery or secret handshakes. There were no lost folders or misplaced case files, ever. All went very smoothly during my recuperation process. There were no complaints by my staff or the Office Manager about this arrangement. It benefitted everyone, including our citizens. The court kept rolling, doing its job well. The exchange was simple, safe and accountable.
Once only, a clerk called me, distressed because the Office Manager (OM) had been gone for several days and the safe was full. She was unable to fit anymore deposits into it. Deposits are done daily from payments made by citizens paying their fines & fees. Based on a similar experience with this OM, I told the clerk to get the money together and have it delivered with the files to my house that day. When it was delivered, I brought the money inside immediately. It wasn’t ever sitting on my back porch for anyone to grab, as the report would make you believe. That was the one time during my recovery from surgery that we transported money out of the Courthouse. I did as much work as I could to prepare the daily deposits. This saved the Manager 10 hours upon her return. I then made proper arrangements for these deposits & the incoming deposits to be properly kept at the Courthouse to await the Office Manager’s return. From beginning to end, these deposits never left the sight of a court employee or elected official. To suggest any malfeasance is just plain wrong. No money was displaced, lost, discarded or otherwise in danger---ever. And no one even registered a concern, until now, a few weeks before an election.
3. Why I do not allow clerks to e-mail questions to me. Clerk questions are to go to the Office Manager. S/he is their supervisor, not me. If s/he cannot answer the questions, then the Office Manager brings the questions to me. I either give the answers to the Office Manager or tell her where she can find them (in the manual) and she is responsible for getting the answers to all clerks. We then go over the questions and answers in training meetings with the clerks and Office Manager present. This protocol prevents only one person getting the answer and others making mistakes. It allows for discussion with everyone present. It teaches the clerks that the Office Manager is their supervisor, not me. It helps me to train the Office Manager how to find answers her/himself. This policy is straight forward and fully transparent. Again, I have not received any complaints on this practice in 3 ½ years of serving as Judge, except now, before an election.
Restructure of Justice Court. Prior to the publication of this report, I repeatedly requested a court restructuring with County Human Resources and nothing happened. No one seemed remotely interested and no action was taken on any requests/suggestions. And now, suddenly, it is a critical issue that must be addressed immediately. Why was there no urgency when I brought this request forward earlier? A court restructure is necessary. But, let’s take the time to do it well and correctly. (See my Proposal.)
Making this issue into a political football does not serve our citizens and it costs taxpayer’s money. Money they should not have to spend in support of someone else’s political agenda.
Instead, I am doing exactly what I should be doing as a judge. I remain non-partisan and independent. I recognize the importance of separation of governmental branches. And I will continue to serve our citizens first and foremost, while continuing to explore cost saving efficiencies, and remaining ethically committed to the rule of law, not the rule of partisan politics.
