Longtime judge cites his experience, independence
Whitefish City Judge Bradley Johnson heads into Tuesdays general election with 20 years of experience on his side.
He was first elected city judge in November 1985 when he defeated appointed City Judge Steven Sevener. Sevener had been appointed earlier that year to fill the term of Richard Maddux, who resigned.
Maddux later filed to run against Johnson, but withdrew because of illness prior to the election. Johnson has been otherwise unopposed in his two decades as judge.
Throughout his tenure, Johnson said hes worked to help people understand the law and the role of City Court
I want them to respect the law, not resent the law, he said. Thats been a guiding light since day one.
There are often misconceptions about what City Court can and cant do, he noted. A City Court is not a constitutional court, and thereby has limited jurisdiction, he explained.
The Legislature created City Court and they can expand or contract jurisdiction, he said.
Civil actions handled by Whitefish City Court became a campaign issue early on in the judge race. When challenger Valarie Eve said she would open the court to more civil cases, Johnson noted that he has never turned away a petition for civil action, even if City Court appears to be the wrong jurisdiction for that particular action.
The plaintiff has the choice where to file his case, Johnson said. The choice is with the plaintiff and not, as Eve suggests, the whim of city-court judges.
Traditionally, county justice courts have been the preferred forum for civil action in Montana, he said. Small-claims civil cases are conducted exclusively in justice court, while other civil actions, such as divorce settlements, are exclusively handled by district court.
Johnson said he has strived to create a court that is accessible to the public. Open court is held from 9 to 11 a.m. daily, with night court on Wednesday evenings. Being a city judge is not a 9-to-5 job for Johnson. He puts in more than 40 hours a week, routinely working Saturdays to catch up on paperwork, and seeing prisoners on Sundays as needed.
When Johnson began the job 20 years ago, his annual salary was $9,632. By 1994 the position paid just over $20,000. In July this year, the council increased the salary range to $21,000 to $57,500, and agreed to pay Johnson at the top of the range.
The city of Whitefish has always gotten more than theyve paid for, Johnson said about his dedication to the job.
JOHNSON and Eve have disagreed over the use of restorative justice. Johnson said the concept has no fixed legal definition and therefore no uniform meaning within the legal system.
Restorative justice broadly refers to a victim-centered response to crime that provides opportunities for those affected by a crime the victim, offender, their families and community residents to be directly involved in responding to the harm caused by the crime.
Its been a buzzword for a long time, Johnson said. If the concept were applied in Montana, then the appropriate action would be for the state Legislature to announce a specific and uniform meaning so that all courts will have a standard to follow.
Johnson said he also doesnt know how effective the Youth Court Peer Program is, and pointed out that its only an informal adjustment with no enforcement power.
As Whitefish continues to grow, Johnson sees a switch to a municipal court system as the next logical step for the resort city. Municipal courts provide more inherent credibility because they are courts of record, Johnson said, and they require a lawyer judge.
Johnson has been a vocal advocate for the judicial independence of city court.
I believe that independence means no allegiance to any other department of government, he said. Its critical to a fair, ethical and impartial court system.
Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com