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.
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.
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.
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.
I’ve been having the hardest time writing my piece about Melissa Smith. I think its because I know that our friendship is one way the far-right in GF has tried to demonize her. Folks like our most racist City Commissioner want to make people like Melissa seem extreme. It’s a narrative that has been hugely successful for Republicans in Montana, despite the fact that Rs are the ones that go around beating people with hammers.
So let’s get this elephant in the room out of the way. Melissa Smith and I are friends. When people are fucking with me online or sending me threatening emails, she’s one of the first people I call. I know she has my back. She doesn’t agree with everything I say, but believes in my right to say it. And I know that pressure from hateful old men won’t sway Melissa from her own moral compass. Now that’s out of the way, let’s dig in a little deeper.
Melissa Smith is a problem solver. She’s often working behind the scenes to help Great Falls grow and protect what we hold dear about our city. Conservation of our public lands is one of her top priorities. She’s a member of Citizens for Clean Energy, is an accomplished musician, and has been growing the arts community through her work at Paris Gibson Square Museum of Art. Smith has already talked extensively about her work to protect both public lands and public education.
What I’d like to highlight today is her work with the unhoused community in our city. Whereas many suggest we run these folks out of town or give them a bus ticket if they’re feeling generous, Melissa has been working for years to provide real solutions to the housing crisis. It’s easy to blame unhoused people for their circumstances. To attribute their poverty to crime or addiction, or imply they deserve to be homeless due to their personal failings. Not only is this wildly inaccurate, it provides only blame with no solutions in sight. That’s why Melissa volunteers with Housed Great Falls, a group that’s addressing the housing crisis head on. As rental and housing prices soar, we need people like Melissa that will advocate for the working class, the elderly, those on a fixed income, and those living paycheck to paycheck. We’re all much closer to being homeless than we are to being millionaires, and Smith understands how precarious the housing situation in Great Falls has become.
Extremists here would have you believe that Smith is out of touch with Great Falls. I’d say the folks that are out of touch are the ones who think the homelessness problem will magically disappear. Melissa does indeed take on the biggest and toughest issues our community faces. And she does it with the kind of genuine humanity we need more of in politics. Further disproving this narrative, Smith already has a win under her belt. Earlier this year, she won a primary where many considered her the underdog. Knocking doors and wearing out the soles of her shoes, Smith beat Brad Hamlett.
It appears Republicans are starting to realize their false narratives about Melissa aren’t as convincing as they’d hoped. In fact, her Republican opponent has been scrambling to raise money for a seeming final desperate push to counter Smith’s undeniable popularity. (Read more about that here: https://wtf406.com/2022/10/for-sale-house-district-23/)
Its not often you find a candidate that will stand with you downtown at 2am, holding a candlelight vigil for the unhoused. I’m lucky to count Melissa Smith as a friend. You’re even luckier if you live in HD 23 and get the chance to vote for her. Let’s bring humanity, kindness, and the community spirit back to politics. Let’s send Melissa Smith to Helena.
“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.”
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.
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.
It’s called a “Super Majority.” And Republicans are just two legislative seats away from having it. It means that, in addition to the crappy bills they pass in the legislature, they will be able to change the foundation of our government that protects citizen rights. . . the Montana Constitution. And they just can’t wait to do it.
First, they will be able to propose constitutional amendments by referring them to the ballot, if they garner the support of two-thirds of legislators. That means that 100 politicians in Helena can put amendments to our constitution on the ballot. Currently, amendments can only be proposed by gathering enough citizen signatures. It’s hard to do, meaning that lots of amendments are proposed, but few actually make it to the ballot.
Second, a super majority can call for an unlimited constitutional convention by referring a convention call to the ballot. If approved, a convention can propose changes to virtually anything in the constitution by a vote of the delegates. At a time when large swaths of the Republican Party support the January 6th insurrection and believe the hocus pocus dished out by the likes of Donald Trump, it is scary to think about what they would do to our constitution.
We encourage everyone to look at our constitution. It is an amazing document. https://leg.mt.gov/bills/mca_toc/index.htm We thought it would be good to list a few of the rights we stand to lose if the Republicans achieve their super majority in this election.
Section 4. Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.
Section 8. Right of participation. The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation of the agencies prior to the final decision as may be provided by law.
Section 9. Right to know. No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.
Section 10. Right of privacy. The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest.
Article IX (1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
Article X, (2) The state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity.
Of course these are just words on paper (or pixels on a screen). The constitution comes alive over time and primarily through actions in the court system. Here in Montana and nationally conservative Republicans believe they have lost many of their goals in the courts. One result is that they have made it a priority to replace judges who don’t share their views. This is probably the reason so many evangelicals supported Trump. . .and he delivered for them by appointing three Conservative Supreme Court justices. Here in Montana, Supreme Court candidate Jim Brown is the epitome of a judge with a Republican agenda.
Changing our constitution would be the Holy Grail for the far right in Montana. And they are very close to being able to do it in the Montana Legislature. The stakes in this election are very high. If you care about protecting our constitution, vote for Democrats.
