Libby judge removed from bench

The Associated Press and The Western News

The Montana Supreme Court removed a Libby judge from office after several women complained that he offered them leniency in return for sexual favors.

Tuesday's order confirms an October recommendation by the state Judicial Standards Commission that Lincoln County Justice of the Peace Gary D. Hicks be removed from office. Nine women made similar allegations against Hicks.

The Supreme Court said, "we conclude that the overwhelming bulk of the allegations against Gary Hicks were proven by clear and convincing evidence."

The court ordered his salary terminated Tuesday and ordered that he be removed from office.

Hicks' attorney, Tammi Fisher of Kalispell, did not immediately return a call seeking comment.

During an August hearing, Hicks also was accused of making inappropriate comments about the women's appearance and stopping by several of their homes.

The court dismissed arguments from Hicks that there was not clear and convincing evidence against him, that the women misinterpreted his intentions and that some of the comments he made were intended to boost the self-esteem of a woman.

Hicks had argued that the women were unable to produce documentation or corroboration of their individual claims. He also sought to have each complaint heard separately, saying it was unfair that proof on one count was being used to substantiate the other counts.

Hicks had been suspended with pay while the Supreme Court reviewed the case.

Through the process, Hicks has filed two lawsuits against the county.

One accuses the board of commissioners of persecuting and harassing him and seeks punitive damages. Although that suit was filed, it never was served, according to Lincoln County Commissioner John Konzen.

Another lawsuit, settled for $40,000, argued that the county was responsible for paying legal fees for Hicks.

"The county is very happy that this has finally come to a conclusion and is very satisfied with the quick action of the Montana Supreme Court," Lincoln County Commissioner John Konzen said.

The Supreme Court's decision ends a lengthy and expensive process for the county.

"It was a costly venture for Lincoln County and the state," Konzen said. "Just the county's portion of this is over $50,000 … and that's not counting the disruption to the court system and other interim folks that stepped in to pick up the slack."

Terry Utter of Eureka has been working on an interim basis to handle Hicks' workload. But he made it clear to commissioners that his assignment was only temporary.

Konzen said commissioners probably will bring up the issue at their next meeting on Jan. 7. The county likely will decide to advertise the position and then go through the task of making a hire.

Konzen is just glad to see the final decision.

"It's unfortunate that that happened but I think we're moving forward," he said. "We're looking for a suitable replacement and we'll move on."