WTF Happened to Judicial Ethics?

WTF Happened to Judicial Ethics?

One of the most important races in Montana right now is the Supreme Court race between longtime judge Ingrid Gustafson and her entirely inexperienced challenger, James Brown. If the name “James Brown” sounds familiar, you’re probably aware of the Public Service Commission. As head of the PSC, Brown has continually voted in favor of letting Northwest Energy price-gouge us into oblivion. That upcoming 25% rate hike? You can thank James Brown for that.

Apparently bolstering energy monopolies isn’t enough for Brown. Now, despite his lack of judicial experience, he’s seeking a seat on Montana’s highest court. And he’s breaking the Code of Judicial Ethics to do it.

Unfortunately, it seems the Judicial Ethics Committee lacks either the teeth or the drive to  investigate these flagrant violations.  For those who’ve never had cause to file an ethics complaints, here’s the quick version:

You write a letter outlining your complaints, what you think has been violated, and the evidence you have to support your claim. The Judicial Ethics Committee mails you a letter saying, “Hey girl! Got your complaint, But you have to promise not to talk about it publicly until we decide if we’re gonna investigate.”  That final part is a confidentiality agreement, and it’s a vital part of the complaint process.

Why does this matter? Because Republicans tried to fuck with Gustafson by filing a complaint and then immediately informing the media. (Read more here: https://montanafreepress.org/2022/10/17/republican-operative-files-october-surprise-ethics-complaints-montana-supreme-court/)

By doing so, they not only violate the complaint process, but clearly show us that their complaint was merely a political tactic, rather than a good-faith concern of an ethics violation.

How does your intrepid author know all this? Because I filed a complaint this summer against one James Brown for clear and obvious violations of the ethical code. Unsurprisingly, the committee dismissed the complaint without investigating. Although I don’t agree with that decision, I followed the rules by not writing this piece until the complaint was dismissed. And now, I think we can leave my complaint to the ever-popular Court Of Public Opinion. Below is my complaint, with a few redactions. (Namely, I have removed the names and addresses of individuals named in the complaint.)

“August 25, 2022

[Redacted]

Judicial Standards Complaint
James Brown

Dear Ms. Smith:

Enclosed please find a complaint against James Brown for violations of Canon 4.1 of the Montana Code of Judicial Conduct.

Please do not hesitate to contact me with further questions regarding these complaints.

Sincerely,

Jasmine Taylor

COMPLAINT

The undersigned being first duly sworn, upon oath, state the following facts showing misconduct on the part of the following named judicial candidate:

Name of Judicial Candidate: James E. Brown
[Redacted]
[Redacted]
       

Mr. Brown has violated subsections of Canon 4.1 of the Montana Code of Judicial Conduct (MCJC), as indicated below.
Under Section 4.1(A)(7) of the MCJC, “a judge of or a candidate for judicial office […] shall not […] seek, accept, or use endorsements from a political organization, or partisan or independent non-judicial office-holder of candidate.”
From July 29, 2022 – August 6, 2022, at the Montana State Fair, in Great Falls, Cascade County, Mr. Brown accepted an endorsement of the Cascade County Republican Party, as shown in the photo below. 
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The placement of this poster also violates Section 4.1(A)(6) of the MCJC, which states “a judge or a candidate for office shall not […] publicly identify himself or herself as a candidate of a political organization.” By allowing his campaign sign to be displayed at the Republican booth at the State Fair, Mr. Brown is identifying himself as a candidate of a political organization.

Further, I believe Mr. Brown was fully aware of this display, as he was present at the Montana State Fair on the evening of August 5, 2022. Mr. Brown identified himself to me as a judicial candidate at that time. I spoke with Mr. Brown inside the building where the Republican fair booth was located. Brown appeared to be visiting multiple booths to speak with constituents. Therefore, a reasonable person would believe that Mr. Brown was fully aware that his sign was being displayed at the Republican booth.

Additionally, the attached May 5 article [updated on May 25, 2022] published in the Montana Free Press by Mara Silvers, shows Brown’s violations of Section 4.1(A)(7) and (6) of the MCJC. Major statewide partisans, including the Republican Governor, Greg Gianforte; Republican Attorney General, Austin Knudsen; Republican U.S. Senator, Steven Daines; Republican House Speaker, Wylie Galt; Republican President, Mark Blasdel; and 83 other Republican legislators, have endorsed Brown. While this cadre of endorsements themselves do not violate MCJC, Brown’s acceptance of these endorsements does violate Section 4.1(A)(7). 

Further, in violation of section 4.1(a)(6) of MCJC, Brown has publicly identified himself as a candidate of a political party. Finally, on August 11, 2022, Brown gave a speech at the Great Falls Pachyderm Club, a partisan political organization, in violation of section 4.1(2). The below screenshot details the advertisement of Brown’s appearance at the meeting.

The names and addresses of other persons who are witnesses to or have information as to the misconduct of the above judicial candidate include:

[Redacted]

[Redacted]

I have not contacted this judicial candidate in regard to this complaint.

I will furnish additional information to your Commission if requested. If this complaint is investigated, I will cooperate with your Commission and furnish the evidence I may have, and I will testify at any hearing on this complaint. [Redacted]”

The article referenced in the complaint can be found here: https://montanafreepress.org/2022/05/25/republican-support-stacks-up-in-montana-supreme-court-race/

So what do you think, dear readers? Should this complaint have been investigated by the Judicial Ethics Committee? Let us know in the comments.

In My Opinion: Foster Care and Abortion

In My Opinion: Foster Care and Abortion

There aren’t anywhere near enough homes for the children who are here

One of my prior and greatest purposes, while working in various roles across the landscape of human services, was coordinating the licensing for people wanting to be therapeutic foster parents. The purpose of my role was to recruit, train, and support people willing to foster children who came with all the trauma heaped on them from physical and sexual abuse, abandonment, and neglect. Let’s talk about the number of children in foster care, the number of licensed foster homes, and how taking away reproductive rights is only throwing gas on a fire that is already out of control.

It is no easy feat to step into the role of fostering children who have been put through the things I have seen children put through. I have seen children who had been locked in a closet while the parents used drugs, sometimes for days at a time, eating their own feces and left with minimal language or motor skills due to severe neglect. I’ve seen children who have been sexually harmed at ages so young they were permanently physically scarred. I’ve seen children who have been tied up for not properly pimping their mother. I have witnessed infants who have had their legs broken because of parents who were struggling with addiction and dropped them. I could honestly tell horror stories for days on the things I have seen children put through. Needless to say, these children don’t enter foster care as a blank slate. The people willing to become foster parents are often tested to the core of their being by the behaviors and needs that come with such deep trauma.

According to the data reported in “Who Cares: A National Count of Foster Homes and Families,” as of 2021,  Montana had 1,674 licesed foster homes and only 697 of those foster homes were willing to foster children who are not a friend or family member, (https://www.fostercarecapacity.com/data/non-relative-homes). However, there was a staggering number of 3,223 children in foster care, in Montana as of 2021. The national numbers are just as bad. Per the federal data for 2021, there were roughly 212,045 licensed foster homes and 402,140 children in foster care in the U.S., (https://www.fostercarecapacity.com/data/total-licensed-foster-homes). 

With numbers like this, the first question that comes to mind is.  “Why the funk are reproductive rights being taken away?” There is no apparent strategy in forcing women into child-bearing when we can’t take care of the children who are already here. 

There are many reasons a woman would need an abortion. Some examples are addiction, severe mental illness, taking medications that affect fetal development, cancer, septic uterus, ectopic pregnancy, fibroids, HIV and other diseases, pregnancy from rape or incest, a dead fetus, a fetus not developing correctly, too old, too young, or too unstable to be responsible for a life are all excellent reasons to make a decision for abortion. If the government forces every pregnancy to be a birth, what will the numbers of children in foster care look like then? Who will be responsible for them?

Shouldn’t this massive responsibility fall to those who are so concerned with a heartbeat that they could care less about the woman and her circumstances? Yet it doesn’t. During my time of recruiting foster parents, I asked many of the pro-life sign holders standing outside a medical facility harrassing people going in, if they would like to make an appointment with me to become foster parents. I quoted the statistics of children who need foster homes. I figured they would be the most interested. 

My effort was futile. I was given loads of excuses like,  “I’ve heard horror stories, it’s not for me,” and, “I have my own children. I can’t risk something happening to them by taking in a child who might hurt my own kids.” Then why the funk would you stick a sign in someone’s face when you are unwilling or unable to help with this massive social issue?

I suppose if we lived in a perfect world, with perfect pregnancies and perfect health and no social issues, we wouldn’t need abortion. That is the irresponsible fantasy of every person raising a pro-life sign.  Not all women are alike, not all wombs are alike, not all bodies are alike. The uterus is a complicated place, as is the entire body.

 It’s deplorable that pro-life advocates and the govorment have turned their back on all the social, mental health, and health crises that have caused the high numbers of children who are in foster care. Instead they jumped on a fantastical soapbox that a heartbeat should negate all issues the woman, children, and society are facing.

Beth B.

Cascade County’s Right-Wing Royalty– The House of Galloway

Cascade County’s Right-Wing Royalty– The House of Galloway

By K.T.

What do you say about a husband and wife team serving in the legislature and representing your community?  We thought we did away with the concept of royalty long ago.  Of course this is different, but it still feels so. . .feudal. And in the tradition of a feudal system, Steven Galloway and Lola Sheldon-Galloway seem to be in lockstep with each other when it comes to their politics.

Steven Galloway is currently running for House District 24. He was swept into the position in the 2020 Trump wave.  He defeated Barbara Bessette, who is currently running against him to regain her seat.

 Steven and Lola Galloways have six children and are active in the Mormon Church.  Politically, both are on the far right of the Republican Party.  They have hosted local militia meetings (See our post https://wtf406.com/2022/09/galloways-host-militia-fundraiser/) and participated in the efforts to undermine our election system by advocating Donald Trump’s Big Lie that the 2020 election was stolen, despite the fact that Republicans won every race in Cascade County, (https://wtf406.com/2022/09/the-big-lie-in-cascade-county/

Steven calls himself a businessman.  He and his wife, Lola, own 23 apartments, six rental houses, and six commercial properties. Those commercial properties include the local Dairy Queens,  Do It Best Hardware, and Great Falls Lumber.  All in all, he has built quite the little kingdom. Galloways’ real estate investments alone are worth almost $2.5 million.  

Politically, he is ultra conservative. He also introduces legislation that affects his business interests.  He’s sponsored five bills dealing with property valuation and/or landlord tenant relations.  He’s endorsed by the NRA, The Montana Family Foundation, and the Montana Shooting Sports Association (if the NRA is too liberal for you, MSSA is for you) 

Lola is loopy, agitated, and angry. She was elected in 2017 to represent House District 22. You might wonder how she and her husband both serve in the House of Representatives from different districts when they live in the same house.  Well, Steve doesn’t live in the district he represents.  This seems to be common among Great Falls Republicans (See our previous post about Representative Steve Gist’s residency issues (https://wtf406.com/2022/10/where-in-the-world-does-steve-gist-really-live/ )  

Lola consistently shows up at far-right gatherings in Great Falls.  She protests abortion at Planned Parenthood, pushing a baby carriage with a doll in it.  She helps the militia raise money.  She pushes election conspiracy theories.  She helped organize efforts to stop legal marijuana sales in Great Falls.

The bills she carries in the legislature are consistent with her activism in town with a pinch of Trump conspiracy theories as well.  In the last session, she brought bills to limit marijuana sales (died), prohibit censorship by social media (died), revise election laws related to absentee ballots (died), and to establish a “pain capable” unborn child protection act (passed. . . unfortunately).

The House of Galloway has thrown its support behind the efforts of far-right takeover of the local and state Republican Parties.  The hard right in Great Falls is now centered in the local Pachyderm Club after losing a long and acrimonious battle with moderates for control of the Republican Central Committee. Lola received The Pachyderm Club’s highest award, the Golden Tusk in 2020.  She is currently on the State Republican Party Executive Board, which took a dramatic turn to the right at its last convention. She was also a Montana Delegate to the last National Republican Convention.

Candidate Conversations: Jacob Bachmeier

Candidate Conversations: Jacob Bachmeier

“Democrat or Republican? First thing. And when I say Democrat, they say ‘Oh you don’t want to talk to me!’ But I do. You may not vote for me but I still want to know what’s on your heart.”
Jacob Bachmeier comes across as an introvert. He’s soft spoken, thoughtful, and seems to avoid the spotlight. He admits that he doesn’t love giving speeches but would rather meet voters at their doors, having the one-on-one conversations he believes government is based on. 

But don’t let his humility fool you. Bachmeier has already achieved that rare feat even veteran politicians often can’t attain. In 2016, Bachmeier flipped a district. Not just any district. A district that had been held by a Republican for eight years. And he did it at only 18 years old.

In 2019, Jacob co-sponsored HB 726, a bill that helped parents of adult children with disabilities continue to collect child support after the child turns 18. The bill was signed into law, providing much needed support to disabled adults and the parents that continue to care for them. 

After taking time away from politics, Bachmeier is running in Cascade County for the first time. And much like before, he’s looking forward to a tough race. Jacob is facing off against Republican Wendy McKamey. McKamey has served in Republican held districts HD 23 and HD 19 and is now seeking a Senate term. However Mckamey’s staunch anti-choice views may prove too extreme for the numerous Republicans and Independents that support our right to privacy. 

Luckily for Jacob, speaking with Republicans is a skill he’s already honed. Politics is a family affair for Jacob. He grew up hearing stories about his great-grandpa Rex Manuel (D-Fairfield).
A larger-than-life figure who served in the Montana House of Representatives during the golden age of state politics.. With a family evenly split between Democrats and Republicans, Bachmeier navigates both worlds seamlessly. So he does too with his identity as both a devout Christian and a pro-choice Democrat. 

As a Queer person, I often feel cautious around folks who describe themselves as “devout Christians” for obvious reasons. (Sometimes they really don’t like LBGTQ+ people. Or women who’ve had an abortion.) I’ve known Jacob a bit for a few years now, and yet I was quite surprised to learn that Jacob is religious. When I asked why I hadn’t known this before, Jacob said simply, “I wouldn’t want someone else‘s religious views governing how I act as an individual. I try to keep my religious views out of government and laws.” Y’all.  It’s the separation of church and state for me. That VITAL separation is truly lacking in Bachmeier’s opponent. 

Although I didn’t know Jacob’s religious affiliation, I do know how he treats people. How he approaches conversations with his neighbors. And how he cares about others.  These qualities are what led Jacob to becoming pro-choice. Even as a Democrat, Bachmeier entered the Legislature still unsure about how he would vote on this issue. So what changed his mind? Listening to his constituents. Bachmeier explains,

“When those bills started coming up, I would get lots of calls from people on both sides of the issue. As I got more calls form people that had abortions and told me their personal stories it became pretty clear to me that people don’t get an abortion because they think its fun. People don’t get an abortion as a common form of birth control. That’s just not how it works clearly. After talking to people there were a lot of complicated heartbreaking situations that were very unique to each individual person, and it became very clear in my mind that we can’t legislate and regulate every single individual and unique reason why someone might feel the need to get an abortion. Ultimately I decided we need to trust the people personally impacted and the medical professionals who perform those procedures.”

A candidate that is willing to learn, grow, and expand his views? Yes, please. What I learned from my conversation with Jacob is that he’s experienced both sides of the political spectrum. Politics for him is an opportunity to help his neighbor. We don’t have to share the same religious views to share the same values. His religion does not come into his politics, which is just as it should be. It does come into who he tries to be as a person.  

Jacob sums it up nicely, explaining, “At the end of the day the Bible says to love all People. It even says to love your enemy. It’s very important to me to hear people out and hear what they care about. I want this country, this state, our community to be as good as it can be for everyone.” 

Millionaire George Wants to Legislate Your Body

Millionaire George Wants to Legislate Your Body

A “MODERATE” TO TAKE AWAY OUR RIGHTS

When you think of what we need in Montana politics, do you think, “More laws proposed and voted on by multi-millionaires!” If that’s your stance then George Nikolakakas is your guy. George is running for one of Great Falls’ house districts as a political newcomer. As a multi-millionaire, George has self-funded his campaign to the tune of $47,000+. Whew. That’s quite the bucket of money to draw from for a $100 per day legislative pay. 

What kind of legislator can we expect if he is elected?

George is a proud conservative with the funds and free-time to plaster his image on bench ads, billboards, and on those political mailers we all know and love. I’ve never met George but I’ve had the pleasure of seeing his diatribes on various Facebook posts. It’s interesting to see politicians claim their priorities are X, Y, and Z as if their other positions won’t impact us just as much. The Montana GOP is just two seats away from a legislative supermajority. And we all know their agenda if they get that supermajority. Re-writing our Montana Constitution that protects our environment and human rights. It’s not a guess what Republicans will do when they are elected in our state. They have told us their priorities in their party platform. You know the one where they say no abortions with no exceptions for rape and incest. What a Pro Mother-Killing stance. 

If you elect George, will you get a sycophant to the Republican party platform? We can’t 100% know as he is new to the scene. But we can let him tell us in his own words what he thinks about abortion. 

What is George’s stance on abortion rights?

George decided to finally answer the question so many of us have been asking. In a 500+ word comment on a Casey Schreiner Facebook post, George rambled about why Democrats that push for healthcare protections over abortion are “political hacks” and that he assumes we “desire to allow abortion right up until the moment of birth.” He admitted he’s anti-abortion and plans to “vote [his] conscience for protecting innocent life with reasonable exceptions.” George legitimately believes the insane conspiracy theory that Democrats advocate for abortions at the moment of birth. “No one is performing abortions up until the moment of birth. There is no such medical procedure, and any suggestion otherwise is bad-faith propaganda aimed at hijacking and toxifying the public discussion.” 

Here’s the problem with George’s “moderate” position on abortion. Abortion is healthcare and one in four women will need an abortion in our lifetimes. It’s not a wedge issue, THIS IS OUR LIVES. I guess it’s easy to overlook pregnancy risks if you don’t have a uterus. Must be nice not to be worried about that and focus on other things. 

With a stance like that, we can assume that he will vote in line with all the other Republican extremists in our state and continue to remove our healthcare access. Relegating women back to the 1950s, the conservative dream. 

But we still have time. Do not vote for “moderates” coming for your rights. We have until November 8th, let’s show up for ourselves and future generations. 

FOR SALE: House District 23

FOR SALE: House District 23

By K.T.

Well, Election Day approaches, and it appears there is a scramble by the Republican Party to put money into Scot Kerns’  bid for House District 23 (See our article on Kerns https://wtf406.com/2022/10/separation-of-church-and-state-not-for-kerns/).

In the last  monthly reporting period that ended  October 15, Kerns reported receiving over $6,500.  A large chunk of that came from Republican organizations and officials. Here’s a breakdown. 

Former and current legislators:

Mark Noland (Flathead County)…………………………………….$250

Steve Fitzpatrick (Cascade County)……………………………..$100

Steve Gist (Cascade or Flathead County?)……………………$400

 Jedediah Hinkle (Gallatin County)………………………………..$250

Brian Hoven (Cascade County)…………………………………….$200

Wendy McKamey (Cascade County)…………………………….$50

Jerry Schillinger ((McCone County)……………………………….$250

Jon Sonju (Lewis and Clark County)………………………………$100

Other Republican Leaders and Officeholders :

Kristen Juras (Lieutenant Governor)…………………………………………$100

Joe McKenney (Great Falls City Commissioner)………………………..$100

Desma Meissner (Lost primary to McKamey)……………………………$50

Russ Miner (Legislative Candidate Cascade County)…………………$100

George Nikolakakos (Legislative Candidate Cascade County)…….$208

Republican PACs:

Cascade County Republican Central Committee………..$200

Cascade Republican PAC………………………………….$400

So, why do you suppose Kerns is getting this late infusion of cash from politicos in the Republican Party?  Could it be that they can see that Kerns’ opponent, Melissa Smith, has run a strong campaign?  Could it be that Kerns has not run a good campaign?  Could it be that this house district has the best “numbers” for Democrats in Cascade County?  Probably all of the above.