Senator/paralegal cited for contempt

State Sen. Jerry O'Neil, R-Kalispell, a Flathead Valley paralegal, was cited for contempt Tuesday and ordered not to practice law.

In a two-day trial in Kalispell before Lake County District Judge Kim Christopher, O'Neil and the Commission on Unauthorized Practice of Law faced off.

The standoff began in 2002 with a complaint by the commission, which is empowered by the Montana Supreme Court.

Among the commission's allegations are that O'Neil practices law by consulting with customers on legal issues and provides legal advice; advises customers on their legal rights; drafts pleadings and other legal documents; prepares pleadings without identifying himself as the responsible party; attempts to appear on behalf of his customers in court and advises them during court; advertises in the "attorney" section of the phone book; and charges fees commensurate with those charged by attorneys.

In addition, he promotes himself as a member of the state bar on family law, the commission alleges.

The commission had ordered him to cease; O'Neil refused.

He countered that he is a state senator charged with making laws and is a member of the Senate Judiciary Committee. He is a member of the Montana Mediation Association and a licensed tribal attorney in good standing with the Blackfeet Tribal Courts, but does not engage in the practice of law, O'Neil asserts.

He acknowledged that the commission had ordered him to stop, but said that it didn't specify what it was he was supposed to stop.

O'Neil filed a counter-action against the commission, claiming that it libeled him by telling the Confederated Salish and Kootenai tribal court that he is not licensed to practice law there. Because of that erroneous communication, he said, he is not allowed to practice there now.

He said the commission used its rules "as leverage to coerce [him] to betray his campaign promise to reduce big state government and to increase the people's access to court."

O'Neil "admits the commission got angry, threatened him, ordered him about," interfered with his business, and insisted he "cease his legislative function while coercing him to change his opinion that fair competition is fundamental to the fair market system."

Given those disparate arguments, Christopher formed her ruling from the bench late Tuesday.

She found O'Neil to be in contempt - a civil violation. David Hawkins, representing the commission, had asked for no penalty for that.

She also issued an injunction stopping O'Neil from unauthorized practice of law. It will be the commission's responsibility to follow up and monitor whether O'Neil complies with that order.

On Wednesday, O'Neil said he plans to appeal Christopher's ruling to the state Supreme Court.

He said the injunction may prevent him from helping people get their children back from the Department of Family Services.

O'Neil was re-elected last month in Senate District 3, which covers the area north and west of Kalispell.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com