The Gianforte Administration regularly acts as if laws, ethics, and norms don’t apply to them. Gianforte has demonstrated his ethics (or lack thereof) ranging from physical assault, stripping protection from public lands, to illegally hunting. It’s not surprising that his Lieutenant Governor, Kristen Juras, would flout norms too. Enter Cascade County District Court Judge David Grubich.
Judge Grubich is in a race to retain his seat following his interim appointment by Gianforte in 2021. This appointment itself was an astounding violation of non-partisanship. The Republican-led Montana Legislature refused to confirm the appointment by Democratic Governor Bullock of Michele Levine to the Cascade County District Court. It was the first time in 50 years the Montana State Senate failed to confirm an interim judge.
In a clear violation of the Judicial Conduct Code, Juras hosted a fundraiser on behalf of Grubich on April 14th.
Cover image for Facebook event, page accessed on April 4th, 2022.
Perhaps Judge Grubich doesn’t know the rules are different for judicial candidates versus legislative or executive branch officials? By accepting the Republican Lt. Governor’s partisan endorsement with a sponsored fundraiser, Judge Grubich is violating the Montana Code of Judicial Conduct. The Code specifically spells out the following:
Rule 4.1 – Political and Campaign Activities of Judges and Judicial Candidates in General.
A judge or judicial candidate shall not:
(7) seek, accept, or use endorsements from a political organization, or partisan or independent non-judicial office-holder or candidate.
The accompanying General Considerations text for Rule 4.1 explains why judges are held to this higher standard of impartiality and independence.
“Rather than making decisions based upon the expressed views or preferences of the electorate, a judge makes decisions based upon the law and the facts of every case. Therefore, in furtherance of this interest, judges and judicial candidates must, to the greatest extent possible, be free and appear to be free from political influence and political pressure.”
Does Judge Grubich appear to be free from political influence by accepting the partisan endorsement of Lt. Governor Juras? No.
How can we trust that Judge Grubich will be impartial and independent as a judge, if he’s willing to welcome a partisan endorsement to raise money for his campaign? Judges are not above the law, and Grubich’s failure to follow the Code of Conduct is a grim beginning to a “nonpartisan” campaign.
Is anyone else getting tired of whiney Republicans? The most recent example is an editorial sent across the state by 57 Republican Legislators (including Great Falls Legislators Wendy McKamey, Scott Kerns, Jeremy Trebas, Steve Gist, Steven Gallloway and Ed Buttrey). Their complaint is, once again, a screed against the judiciary. Didn’t any of them take 8th grade civics classes? What part of “checks and balances” don’t they understand?
This time around they are griping that a judge found several laws passed by the last legislature unconstitutional. The laws in question make it more difficult for people to vote. Why make voting in Montana more difficult? As usual, they trot out false arguments about voter fraud which have been proven repeatedly to be fake news. This is part of an effort by the Republican Party to undermine our faith in elections because Donald Trump lost the last one. . . never mind that Montana Republicans won all the state-wide offices and picked up many legislative seats in the last election. It’s ironic that so many Republican legislators think their own victory was rigged by Democrats.
Republicans in the last legislature repeatedly demanded confidential documents from the Montana Supreme court, which the court refused to provide. So, the legislature enlisted Republican Attorney General, Austen Knudsen, to complain on their behalf, taking their case all the way to the US Supreme Court, which declined to hear the case. It was a complete waste of resources to assert the legislature’s inflated view of their own power.
It’s bad enough that they waste time and money on these efforts to protect and preserve their power, but every time they lose, they revert to slinging insults like school yard bullies. In this last editorial they say the judge they disagree with is an “activist judge who doesn’t like common sense.” They go on to accuse the judge of being part of an imagined conspiracy, stating, “Judge Moses unilaterally blocked all these commonsense laws at the request of the Montana Democratic machine.” Quite an accusation considering the Republicans are in complete control of state government.
As a part of their continuing war with the judiciary, the Republican legislature eliminated the Judicial Nominating Commission so that Republican Governor Greg Gianforte could appoint whoever he pleases to judicial vacancies. Once again, the Republicans complained about being treated unfairly by “activist judges.” And, as a result, handed complete power to appoint judges to their Republican pal in the Governor’s office.
Many people think this is all just political posturing. That’s true. But the Republicans are preoccupied with creating smoke where there is no fire. While they are pointing fingers at the liberal judiciary, they whine about the border wall, wolves stalking our mountains, gays, trans, antifa, and socialists behind every tree, they are ignoring real problems that affect the day to day lives of Montanans.
Where is their concern about the fact that the Warm Springs State Hospital is failing the patients it is meant to take care of? What are they doing for farmers and ranchers who face manipulated and unfair prices for their products? What are they doing about the thousands of people who can’t find affordable housing? What about replacing and maintaining our aging infrastructure? These are serious issues, but Republicans don’t talk much about them.
Instead, Republicans are taking books out of local libraries, telling school boards what to teach in history class, arguing about masks, and promoting myths about election fraud. At the end of the day, these things have little to do with the quality of life here in Montana. The serious problems we face will not be addressed by the whining of overblown, self-important Republican legislators.
Ken Toole is a former state senator and former vice Chair of the Montana Public Service Commission. He is now retired and lives on an off-grid farm south of Great Falls.
