A time for justice, not vengeance

I was shocked to read an op-ed by retired Montana Supreme Court Justice James Nelson where he says that former President Donald Trump got what he had coming when a gunman tried to kill him. Nelson accused Trump of being a neo-Nazi and said Trump had reaped what he sowed. He declined to condemn the violence or offer any words toward political healing.

This is the exact opposite of what America needs right now. We need a return to a political environment of mutual respect and commitment to peacefully living in a functioning republic, especially amid sincere disagreement. We should deplore anyone who resorts to lethal violence to settle political scores, not glibly affirm it by saying our opponent’s chickens have come home to roost.

Nelson’s words presented a stark contrast from what I have long admired as perhaps the wisest counsel uttered in America in such a situation. On April 4, 1968, Robert Kennedy had the sad duty of informing a crowd of supporters that Martin Luther King, Jr. had been assassinated. Kennedy’s remarks came from the heart:

“In this difficult day, in this difficult time for the United States, it is perhaps well to ask what kind of a nation we are, and what direction we want to move in … What we need in the United States is not violence and lawlessness, but is love and wisdom and compassion toward one another … Let us dedicate ourselves to that, and to say a prayer for our country and for our people.”

Why am I now raising this issue in this forum? I raise it because James Nelson has prominently endorsed my opponent’s candidacy for the Montana Supreme Court. Nelson wrote in April that Jeremiah Lynch has the “judicial temperament” to serve as chief justice of the Montana Supreme Court. Nelson derided so-called partisan attacks on the judiciary, and vouched for Lynch’s determination to fight to keep the courts fair, impartial, nonpartisan, and independent. If Nelson’s recent rant against Trump shows how he feels about judicial temperament and fairness, we don’t want more of it on the Supreme Court.

I’m running for chief justice of the Montana Supreme Court because Montana truly deserves a fair and impartial court. We can’t just pay lip-service to this ideal and then endorse a political activist for chief justice. We need to truly commit to removing politics from Montana’s courts, and rendering legal opinions based upon the facts and law of each case.

For example, my opponent Jeremiah Lynch has repeatedly made campaign statements in which he pledges to fight for certain liberal political issues or case outcomes. Lynch has said he will fight against the elected majority in the Legislature, and he will fight against the other branches in our government.

That pledge misses the role of the judiciary and certainly misses the moment. If you want to fight for a political cause, run for the Legislature. A judge is not there to fight, but to listen impartially and render a fair legal opinion to achieve justice. The solution to our political conflict is to remove hate from our discourse, and remove politics from the judiciary.

So while I’m shocked and dismayed that former Justice Nelson is celebrating Trump’s near death, I’m more shocked that my opponent Jeremiah Lynch has accepted Nelson’s support and failed to condemn these inexcusable statements. Lynch owes Montanans an explanation of what type of Chief Justice he truly hopes to be.

This is a time for justice, not vengeance, and we should all say a prayer for our country and our people.

Cory Swanson is the Broadwater County Attorney and a colonel in the Montana Army National Guard. He is running for chief justice of the Montana Supreme Court.