I was born in Butte; I am 72. I have degrees in biology and zoology from Carroll and MSU, and a law degree from U of M. I live in Missoula now, but I started my legal career in Great Falls as a law clerk for the Hon. Paul Hatfield and in private practice. I moved to Missoula when I was appointed to be a Magistrate Judge for the US District Court for the District of Montana. After two terms as a Magistrate Judge, I retired from the bench and the active practice of law. My time on the bench has given me the experience, independence, demeanor and dedication to effectively protect the constitutional rights of all Montanans.
I retired from the bench in 2019, but I could not stand by and watch the assaults on our courts by political extremists and out-of-state corporate interests. I am motivated to be the Chief Justice not by personal ambition or partisan interest but by a deep commitment to the Montana Constitution and a desire to ensure the rights it secures continue to be enjoyed by future generations. I think the courts will continue to face accusations of partisanship and attempts by the other branches of government to undermine their independence. If elected, I will decide cases based only on the facts and the law, I will assert the independence of the judiciary, and I will interpret and apply the Montana Constitution in a strictly nonpartisan manner.
The Montana Supreme Court is the highest Court in the State, and so is the last stop for litigants seeking justice. Its role is to interpret the laws passed by the legislature and ensure they align with the rights and powers conferred by the Constitution. The Court must issue fair and impartial rulings without succumbing to political partisanship. And it must maintain its independence from the other branches of government so our system of checks-and-balances continues to function. I see the Court as the mortar that holds our system of government together—it is vitally important that it remains strong and trusted.
I believe public confidence in the legal system is a function of three things: civic knowledge & education, media coverage about the courts, and the actual orders and opinions issued by courts. The Montana Supreme Court consistently earns >90% favorability ratings from the attorneys who are surveyed regarding the Court’s performance, but it’s important that the public has the same confidence in our courts. I think public confidence in the legal system could be improved by a renewed focus in our schools on civic education, and by the public’s consumption of news and reporting generated by fair-minded journalists rather than partisan talking heads. For their part, the judges must continue to issue orders driven only by the facts and the law.
I was born in Milk River, Alberta. (My parents lived in Sunburst, Montana and I was born in the hospital across the border.) I will be 47 on election day, but will turn 48 at end of November, 2024. My family and I live in Townsend, MT. I have been the Broadwater County Attorney for 10 years. Previously, I served as a Montana Deputy Attorney General, as well as private law practice. I have served 27 years in the Montana Army National Guard. I have extensive courtroom experience in Montana's court system, across a broad practice. I have also led large and complex organizations, dispersed across a wide area. I have the legal and leadership experience to lead a collaborative effort to overcome the challenges facing Montana's court system.
There are three major challenges facing the Court today.
1. Properly resource the Judicial branch: We have a growing population and growing caseload. We need more judges and resources to properly serve the people. I will advocate at the Legislature for resources to equip the judiciary to do its job.
2. Judicial methodology: I advocate a more strict adherence to appellate judicial procedure and legal interpretation than the majority of the Court currently follows.
3. Political conflict: The Court is embroiled in unnecessary political conflict with the other branches. My goal is to greatly reduce or eliminate the political nature of Court opinions, ruling solely on the facts and law of each case.
We have a system of separation of powers and checks and balances among the branches of government. The Judiciary interprets the law in resolving all kind of cases and controversies. This often includes interpreting statutes and the Constitution, and determining whether a statute violates the Constitution. There is an inherent amount of friction built into this system, and that is unescapable.
The Court must exercise its role with independence, meaning it does not buckle to political or other pressure in rendering decisions. The Court should remove political consideration to the greatest extent possible from these decisions. It should rule only on the case before it, and not consider the political effects of its legal opinions.
At the center of their purpose, Courts resolve disputes. To gain and maintain public confidence, Court decisions must be timely, reliable, predictable, fair, and understandable. When any portion of the public complains these standards are not being met, the judges should examine the system and themselves and ask if the criticism is valid, and whether we can improve.
Any organization, large or small, should continually seek self-improvement. While some people bemoan public criticism of the courts, I see it as an opportunity for self-reflection and ultimately improvement. A court system that is humble enough to look for mistakes and then fix them is one that will gain the public's confidence.