A Justice of the Peace oversees misdemeanor criminal offenses, protection orders, landlord-tenant disputes, small claims cases up to $7,000, civil matters up to $15,000, and initial appearances for felony criminal cases in the County Justice Court.
No, a law degree is not required. In the State of Montana, to be elected as a Justice of the Peace, you are only required to be a resident of the county for at least one year. Additionally, to be a substitute or fill-in Justice of the Peace, you must be a current or former judge, a current or former attorney, a former law enforcement officer, or current court personnel. A substitute must also be of good moral character and have community support, a sense of community standards, and a basic knowledge of court procedure. See Mont. Code Ann. Section 3-10-231
When the Montana Constitution was ratified in 1889, citizenship was the principal qualification. Further, in 2003 when the Montana Legislature established Justice Courts as "courts of record", the requirement that a Justice of the Peace be an attorney was intentionally removed when amended in the committee process. The Montana Supreme Court has even ruled that having a legal degree to be a Justice of Peace was unnecessary.
It's actually more common for someone who isn't an attorney to be a Justice of the Peace than it is for an attorney to hold the position. Many nearby and large counties across our Montana currently have a non-attorney as a Justice of the Peace, including Cascade, Gallatin, Lake, Lewis & Clark, Lincoln, Missoula, Ravalli, Roosevelt, Rosebud, Sanders, and Silver Bow Counties. Additionally, former Columbia Falls City Court Judge Susan "Tina" Gordon served for 30 years without being an attorney.
There are 56 Justices of the Peace in 51 Montana counties that do not have a law degree. These are former court clerks, social workers, police officers, legal assistants, probation officers, etc., intelligent and hard-working people who have been elected all over the state. Only 7 counties in Montana have an attorney for a Justice of the Peace, for a grand total of 9 attorneys.
The Justice Court is not where complicated legal matters are litigated. Issues involving real estate, family law, property of value exceeding $15,000, estates, etc, are matters handled strictly in the District Court. Additionally, the parties involved are the ones presenting legal matters and briefing the issues, not the Judge. Evidence is well settled through orders and decisions outside of Court. There is very little that is novel in Justice Court; day to day tasks remain quite similar. This Court level is primarily concerned with treating people fairly and holding offenders accountable.
That being said, we leave what the majority of people would consider our most imporant legal decisions to jurors, lay people with zero legal training at all. We allow parties (attorneys or pro se litigants) to present their arguments to jurors, then task a jury of our peers with deciding if the State has met the burden of proof, how much weight to give to evidence, how the facts fit the law, which parties to believe, and ultimately whether a person is guilty or not guilty. We trust cases involving potential sentences as severe as capital punishment to everyday people such as teachers, plumbers, and ranchers.
I have spent more than 20 years working in the legal field, including experience in two dozen courts across Montana. I've overseen criminal matters, protection orders, civil litigation, landlord-tenant disputes, personal injury cases, and family law matters. That experience has given me a strong understanding of legal procedure, statutes, and case law. My undeniable work ethic and dedication to the legal field will assist in my ability to not only be successful, but to excel in this position. I strive to learn as much as possible to assist me in my daily tasks and will continue to do so in this role. Outside of courtroom hours, I will persist in utilizing my time to review Supreme Court decisions, case law, and higher court rulings, to ensure I am as current and effective as possible as our Justice of the Peace.
In addition to the knowledge and experience I will bring to the role, every Justice of the Peace in the State of Montana is required to attend orientation training as well as two annual training sessions supervised by the Supreme Court. See Mont. Code Ann. Section 3-10-203. Passing a Certification Exam each term is another requisite of being a Justice of the Peace.
Courts of Limited Jurisdiction, like Flathead County Justice Court, are the courts in which most Montanans seeking justice will encounter the justice system, however it is not where complicated legal matters are litigated. Justice Courts are frequently dubbed, "courts of common sense." Treating people with respect, dignity, and understanding will be a large part of this role, and is something that I utilize daily.
People are human and everyone makes mistakes, even seasoned Judges. The goal is to learn as much as possible, and make thoughtful, well-reasoned decisions, to avoid mistakes or incorrect rulings. That being said, there are processes, including appeals, which exist because no Judge is expected to be correct all the time.
Several counties around Montana have pretrial supervision and/or misdemeanor probation services. Frequently, these programs are implemented at times when jail overcrowding is a significant issue, which is currently a major problem in Flathead County. In 2018, Lincoln County implemented their pretrial supervision/misdemeanor probation program less than 7 months from the time it was first officially proposed to the County Commissioners.
Yes! The primary was an excellent indicator of the progress we've made in this campaign and how many people are ready for change. Both candidates move on to the general election and your support is more important than ever.