Six candidates vie for 2 judge positions

Justice of the Peace David Ortley has a spectral opponent in his bid for re-election in Flathead County, while four other candidates face off for the other open judge position.

Ortley is challenged by Shawn Guymon, who has released no information and did not return phone calls since filing for the office in March.

For the other justice position, Lane Bennett, Jerry O'Neil, Mark Sullivan and Tom Muri will run for a position that will expand from part-time to full-time.

For each judge position, the top two vote-getters will advance to the general election in November.

The candidates answered some questions about the office:

Q. How do you propose to handle the volume of cases passing through Justice Court?

Bennett: "Having two full-time judges will initially lessen the work load. I propose handling the majority of the routine day-to-day appearances; review all petitions for orders of protection; review all search warrant applications; and handle meetings with the public. This will allow the court to deal with the backlog."

Sullivan: "We're taking a major step towards improved performance by adding a full-time position to the Justice Court. As a public servant in this court, I will use my proven ability to prioritize a heavy work load in dealing with the cases and individuals coming before me."

O'Neil: "I intend to support the Justice Court mediation program that Justice Ortley initiated; request (but not demand) parties to submit letters or briefs outlining their case prior to trial; and, as other successful justices do, rule on as many cases as possible from the bench at the time of trial."

Muri: "The addition of a second full-time judge will greatly help process the increasing case load. The two justices need to work well with each other and the administrative staff to ensure that the growing numbers of cases are professionally handled. Judge Ortley's innovative approach to Justice Court serves as a good foundation to build upon, especially the increasing use of mediation."

Ortley: "The addition of a second full-time judge will enable the court to run two trial calendars simultaneously, which will significantly improve the flow of cases, civil and criminal, through the court. Increased use of mediation and small claims trials for cases, which are not factually or legally complex, will expedite those cases."

Q. Do you believe judgments are issued in a timely way?

Bennett: "Not currently. This is because of the enormous case load facing the court."

Sullivan: "It's human nature to feel my case isn't being handled in a timely way. A court of limited jurisdiction doesn't mean a court of limited importance, especially to Montanans. I assure the voters I will work tirelessly to treat each individual with dignity and respect. I will endeavor to deliver well-reasoned judgment in a timely fashion."

O'Neil: "While the majority of cases are probably disposed of timely, I am concerned about the cases that fall through the cracks. I know of litigants who have sat in jail for months waiting for the court to get to their cases. The court should not allow this to happen."

Muri: "The vast majority are. However, Justice Court is hearing more complex cases in the civil or business area. To ensure proper decisions that protect such interests, the judge needs to conduct proper legal research and fashion a reasoned judgment. Otherwise, the decision might be appealed and justice will be delayed."

Ortley: "Based upon the court's case load, current staffing level, and demanding trial docket, civil judgments are issued in a timely manner in all but a small number of cases. Unfortunately, I have a small back log of cases which require either research, review of documentary evidence, or the preparation of written findings."

Q. Do you approve of closing down a public office at 4 p.m. daily so that office workers may perform their duties uninterrupted?

Bennett: "No. This causes a hardship on the public. All public offices should be open until 5 p.m. While I understand the current need based on staffing constraints, there should be a way around this with two full-time judges."

Sullivan: "Rather than closing a public office, we need to equip court personnel with the tools to be effective and efficient. The court belongs to the people of Flathead County. I know FVCC offers excellent opportunities for workforce development. Let's look into these experiences to ensure we use our resources in the best manner possible."

O'Neil: "No. The public is entitled to conduct their business with the Justice Court on a full-time basis as directed by the county commissioners. To me, that means between 8 a.m. and 5 p.m. If a justice needs more time to do his work, it shouldn't be the public's problem."

Muri: "I believe in the meaning of 'public servants' as well as the need to live within the budget set by the commissioners. One reason for the 4 p.m. closing is to prevent overtime. I will review the need to expand the hours and/or having night court with the other judge and staff."

Ortley: "Under existing conditions, closing the counter at 4 p.m. is essential to processing the daily transactions and activity of the court. The staff works under extreme pressure, and without this short opportunity to catch up, the court would undoubtedly experience a higher turnover of clerks. This is a temporary measure until staffing is increased."

Q. What changes do you propose to make if you are elected? How would you describe the service given to residents of Flathead County who encounter the court?

Bennett: "I propose keeping the court open until 5 p.m. The possibility of night court should be investigated. This may be feasible with staggered work hours for staff and clerks. Right now service could improve. Workload constraints make it difficult for staff to spend sufficient time to properly assist the public."

Sullivan: "First of all, 'treatment court' is a proven approach to address the high recidivism rate in cases involving chemical dependency. I have studied these programs and will work to institute one here. I look forward to discussing this plan further. Also, effective customer service through 'night court' helps individuals avoid the hardship of being away from their jobs in order to take care of court business."

O'Neil: "As the candidate self-taught in law, the responsibility to keep the system open for others who are not "bar association attorneys" will be on my shoulders. My agenda will be to make decisions which are prompt and fair and to keep the justice court accessible to the public."

Muri: "Flathead County commissioners, recognizing the significant increase in cases, expanded Justice Court to two full-time judges. Judges must provide courteous, professional and fair service to those who elected us - and pay our salary. The greatest service Justice Court should provide is to ensure the opportunity to be heard."

Ortley: "If elected to another term, I will be instrumental in seeing that the transition to a second full-time judge is done in a manner which ensures that the public enjoys the immediate benefit of that change. I will also use my seven years of experience to plan for the future growth of this very busy court."

Q. Should the amount of bond set for felony criminal defendants be influenced by the number of inmates in the county jail?

Bennett: "No. When an overcrowding situation occurs requiring the sheriff to cap the number of inmates, then I propose a review be done by the sheriff, county attorney, and court to determine which inmates can be safely released; sent temporarily to one of the city jails; or placed on monitored home arrest."

Sullivan: "Bonds protect the community from dangerous individuals and ensure that an arrested person released from jail will show up for required court appearances. The judge can set a high bond if convinced the defendant is likely to be a danger to the community or might flee. Also, he can decrease bonds when the defendant is unlikely to run and is not a danger to the community. This, rather than jail capacity, should determine bonds."

O'Neil: "Bail is a balancing act between society's desire to keep wrongdoers in jail, society's desire to control costs and defendants' right to be free unless convicted. I believe we can improve the process by providing defendants with instructions and forms for bail applications. This might also reduce jail overcrowding."

Muri: "No. Some individuals charged with a felony are dangerous second- and third-time offenders. Law-enforcement officers work hard at investigating and bringing felony offenses. The jail being overcrowded would have no influence with me."

Ortley: "The amount of bond set for anyone accused of a crime should be set according to the established criteria already provided for in the rules of criminal procedure and not whether there is room in the jail. While the population of the jail is a daily concern, it should not be used as an excuse for setting excessively high or low bonds."

Q. Should a law degree be required to hold this position?

Bennett: "This questionnaire seems to indicate that this is an extremely busy court facing difficult problems. Attorneys have the training to understand the complex legal issues facing the court. The volume and pace of work makes it imperative. However, rather than having the county commissioners make the decision without input is unreasonable. I propose the commissioners form a study commission addressing this."

Sullivan: "This position requires a trained attorney. As the busiest court in the county, Flathead Justice Court's effectiveness and efficiency is impacted by a judge who knows the law, has extensive experience with both civil and criminal cases and who can hit the ground running. I have 16 years of continuous experience in the courtrooms of Flathead County. I am the candidate best prepared to serve."

O'Neil: "It is too bad that Matt Himsl, who served in the Senate for over 20 years, was a successful and honest businessman, and taught government at FVCC, never ran for judicial office. To restrict voters to 'bar association attorneys' would preclude candidates of Matt's caliber in the future."

Muri: "It certainly helps. Justice Court deals with complex civil and criminal cases, often involving businesses and family matters. As Justice Holmes wrote, 'The life of law is not logic, it is experience.' I encourage the voters to examine the education, training and experience of each candidate and vote accordingly."

Ortley: "I believe that the citizens of the county will be better served if the judges in the justice courts are lawyers who have substantial and meaningful experience. I do, however, strongly support the judges of the state's courts of limited jurisdiction who do not have law degrees and yet serve with distinction."