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, the law requires you 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
Many nearby counties currently have a non-attorney as their Justice of the Peace, including Lake, Lincoln, Missoula, and Sanders Counties. Additionally, former Columbia Falls City Court Judge Susan "Tina" Gordon served for 30 years without being an attorney. 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.
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.
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.
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 be successful and 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
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.
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.