State files complaint against justice of peace candidate

One of the candidates running for Flathead County justice of the peace is facing disciplinary action from the state.

William Managhan, who currently works in the county Public Defender’s Office, had a complaint filed against him April 26 by the state Office of Disciplinary Counsel for allegedly abandoning a client he was representing in a civil matter.

In 2010, Managhan agreed to represent Kalispell resident Jacob Vierzba. According to court documents, Vierzba was fired from his job at a local carwash in 2009.

His employer claimed Vierzba had washed a vehicle for a co-worker and not charged the man for it, allegedly violating company policy.

Vierzba claimed, among other things, that the policy wasn’t in writing and he wasn’t informed of it until after he had allegedly violated it. He also said a manager had approved him to clean the co-worker’s vehicle and not charge for it.

Vierzba had hoped to recover lost wages he believed he would have earned, more than $70,000, if he would have continued working.

In another court filing, Managhan said he was trying to help Vierzba find a new attorney as he had joined the Lincoln County public defenders office in April 2014, He told his clients that he would have one year, until April 2015, to complete their matters.

The court then issued an order for a status report in February 2015.

In a February 2016 court filing, notice was given that no action had occurred in the case in two years and on April 15, 2016, Flathead District Court Judge Heidi Ulbright issued an order to dismiss the case for failure to prosecute.

Managhan, who has practiced law in the Flathead Valley for nearly 20 years, said the timing of complaint is unfair.

“It was a surprise to me,” Managhan said. “Like everyone else, I make mistakes too. But it’s unfair that I can’t respond to it more. It’s unfair because we should be entitled to a presumption of innocence.”

Managhan said he had never had a complaint filed against him previously.

“Twenty years without a complaint and this hurts, but they don’t think I wrapped that case up appropriately,” Managhan said, “He never paid me and he was told multiple times to hire another attorney.”

Managhan said he was sure his actions didn’t cost Vierzba any lost wages.

But Vierzba said at the time he was employed by the carwash, he was making $36,000 a year.

“I was unemployed for two years and the only money I recouped was about $9,000 or $10,000 in unemployment,” Vierzba said.

Vierzba said he thought Managhan handled his care “very poorly.”

“He would take two or three weeks to return my phone calls and after the suit was filed, he told the court I was withholding paperwork and I wasn’t.”

Vierzba, who is employed today as an equipment operator in Kalispell, said he knows he won’t get any money out the action.

“I honestly hope Mr, Managhan gets a partial citation and that this doesn’t happen to anyone else,” Vierzba said.

Managhan said, despite the timing of the court filing, he doesn’t believe it’s politically motivated.

“I don’t think the state of Montana is too worried about me,” Managhan said. “It’s just a heck of a timing for something that was four years ago while I’m running for district judge.

“I do feel bad for Jacob, not for what I did, but because he’s a good guy and I like him.

“But for me, it’s an unfortunate coincidence. I don’t think the AG’s office even knew I was running for office. Honestly, if I messed up, I’ll accept responsibility for it.”

Managhan said he has not currently responded to the complaint and he hasn’t made a decision on whether he will hire an attorney to represent him.

Jon Moog, the deputy disciplinary counsel for the state, did not respond to a call for comment.

Reporter Scott Shindledecker may be reached at 758-4441 or sshindledecker@dailyinterlake.com.