Letters to the editor Sept. 1

Judicial restraint

Opposing political philosophies exist in this country and, like it or not, there is ample evidence that they taint judicial decisions. 

Judicial impartiality and fairness is not party specific and is not the real issue. The issue before Montanans is whether we want judicial restraint or judicial obstructionism when analyzing legislation. 

Thomas Jefferson considered such obstructionism judicial tyranny. The interpretation and application of the Montana Constitution rests on judicial temperament, not impartiality nor fairness. That document by design contains ill-defined concepts and phraseology such as right to privacy, clean and healthy environment, or right to education, and requires a balanced and thoughtful analysis in assessing deference to legislative intent.

Because transparency of a judicial candidate’s rulings regarding their temperament, philosophy and track record is necessary for an informed electorate but is not easily obtainable, there is now no true vetting process for judicial candidates on this crucial issue.

The electorate in Montana is majority Republican and conservative, and likely favors judicial restraint over judicial obstructionism. 

Nearly all judicial candidates come from the legal profession which is predominately Democratic (70%) and progressive. They are supported by the largest organizational monetary contributors to judicial races in Montana, the Trial Lawyers Association and the ACLU, admittedly progressive and liberal, for a reason.

I suspect there is great fear that if party designation or preference went through this would become blatantly obvious. Despite claims to the contrary, the judiciary is thus already “politicized” with one party dominance. The result is a minority party philosophy having the ability to obstruct the will of the people, and the history of recent judicial constitutional rulings clearly seems to confirm this.

Dave Lewis (Protecting the Montana way of justice is the choice that adds up, Aug. 23), his commission — which, by including former Gov. Marc Racicot and Bob Brown, is hardly bipartisan — and his planned constitutional amendment indicate not a real worry about politicization of the judiciary but rather that Montanans, if given the chance, may well elect the type of judges that show proper judicial restraint. 

I would not support his effort.

— Michael Boharski, Kalispell

Lakeside Foundation

Our Flathead County Commissioners have approved the exclusive Flathead Lake Club project in Lakeside. It sounds like this is a done deal.

The Lakeside Community Development Foundation does not have a recent IRS form 990 available for review, perhaps because it is small.

Whitefish’s Iron Horse Golf Club by the same developers opened in 2000 and has reached full capacity.  The Whitefish Community Foundation is currently celebrating its 25th year. In 2024, their assets exceeded $67.6 million, they received over $17 million in contributions and they distributed over $15 million to worthy Flathead County charities. Cumulative granting now exceeds $100 million.

Perhaps this is an opportune moment for the Lakeside Foundation to invite to dinner Whitefish forces of nature Richard and Carol Atkinson.

Folks tend to give where they live.

— Andy Palchak, Kalispell