Fight ‘Em ‘Til We Can’t

Today’s Billings Gazette features a front-page exposé of the problems in Stillwater County Justice Court. It seems the justice of the peace has regularly held one-on-one arraignments at the county jail for maybe 20 years. These are arraignments that are basically secret—she does not inform the prosecution or any potential defense counsel that she’s going to hold the arraignments. She holds them randomly; often on weekends and holidays.

What SCOTUS decision of the last term said the right to counsel begins at initial appearance? If I were a good blogger, I’d look it up and tell you, but it’s there. Nearly every court of limited jurisdiction in Region 9 of the Montana State Office of Public Defender regularly holds initial appearances in a similar way — randomly, without notifying prosecution or defense. Sure, the judges advise the accused of their rights, but that’s very different from making sure the accused has access to an attorney right then and there.

The Gazoo article also highlights the problematic practice of these courts initiating revocation procedings sua sponte and again w/o notifying defense or prosecution. The law in these areas seems clear that these practices are not legal, yet they go on day after day. Oh, and how does the public feel about it? The Gazoo readership sees no problem here. Welcome to Montana! Yeeehaw!

Is it a conflict of interest for the Regional Deputy Public Defender in a region to be the son of one of the few District Court judges in that region?

This is old news but for the record, the Montana News Association (MNA) ran a story in March criticizing Billings Municipal Court Judge Mary Jane Knisely for ordering too many people to sign up and pay for pretrial supervision. Although I agree that pretrial supervision is being abused in Billings municipal court, at least one of the complaints of the MNA appears to be a bit misguided. The MNA suggest that the statutory authority for pretrial supervision gives the court authority to order such supervision only in PFMA or stalking cases. The MNA writes that:

Judge Mary Jane Knisely regularly orders defendants charged with non-PFMA or stalking-related offenses to pretrial supervision, which costs them, easily, hundreds of extra dollars, in addition to the costs they have to pay, if they are found guilty.

The only statutory authority for pretrial supervision (as far as I know) comes from 46-9-108(1)(f), MCA, where it is listed as one of many conditions a court may impose in order to “reasonably ensure the appearance of the defendant as required or that will ensure the safety of any person or the community.” Thus, the statute does authorize pretrial supervision for any bailable offense.

That said, it is absolutely true that far, far too many people who face charges in Billings Municipal Court are being ordered to submit to pretrial supervision, and it is also true that the private pretrial supervision agencies charge unconscionable fees for their “services.” The MNA’s other criticisms of these private agencies — e.g. that they bully and threaten their clients and conduct random UAs and BAs w/out authority to do so (in order to make more money, no doubt) — certainly seem accurate, as well.

UPDATE: See also: Pre-trial supervision fees unfair and counterproductive

According to some (or is it most?) Montana judges and prosecutors, possession of illegal drugs is a violent crime. Yeah, mere possession is a violent crime. Why? Because if you possess drugs, you’re connected to the “drug world,” and that world is violent; therefore, you’re contributing to that violence by merely possessing drugs. I’ve heard judges go so far as to imply that a person convicted of CPDD (Criminal Possession of Dangerous Drugs) for a trace amount of meth in a baggie is responsible for murder because people die every day for drugs.

On the one hand, these judges and prosecutors have a point. Everything we do is connected to the larger world in which we do it, whether we’re talking about buying tennis shoes made in a sweatshop or buying illegal drugs. On the other hand, these judges and prosecutors are sickeningly self-serving in their attempt to connect one act (drug possession) with its larger world consequences. If you ask these same people why this person is addicted to drugs, they’ll likely tell you that there’s something wrong with the addict—it’s a personal flaw. The addict made bad choices and must be held personally responsible for those choices. So while the addict’s possession of drugs is closely-connected to larger world causes and consequences, the addict’s addiction is entirely isolated and personal with no connection whatsoever to the larger world in which that person lives.

It all makes perfect sense, don’t you think? [tags]drugs[/tags]

Cascade County Justice of the Peace Sam Harris announced his resignation yesterday after a month-long controversy about comments he’d made in on online chat room. Harris’ name will still appear on the ballot in Great Falls next Tuesday for re-election, but he says his last day on the job will be December 31, 2006, regardless of the election’s outcome.

Calls for Harris to step down erupted shortly after the Tribune reported a month ago on comments Harris made in an Internet chatroom with teammates playing a violent video game called “Gore.”

He suggested one friend relax by watching pornography and that another kill a stalker before hiding his body in a coulee. He also referred to coveting thy neighbor’s wife as “that BS in the bible” and to the couples that he married in his courtroom as “fools.”

Apparently, Great Falls bloggers were the first to learn of Harris’ online chatting.

Harris and another Cascade County JotP, Kathleen Jenson, are also being asked by District Court Judge Julie Macek to explain why they are holding people in contempt.

“Contrary to the current and prevailing practices of the justices of the peace in Cascade County, justices of the peace have extremely limited legal authority upon which to punish a person for judicial contempt,” Macek observed in an order issued last week.

Good to know.

Ed. Note: If you learn of a story like this in your county, please let us know here at FETWC.