Valley Views

valley views Balance for the Supreme Court

I’m a fourth-generation Montanan who grew up in Dillon, small business owner, private practice attorney and public servant. My entire 15-plus year legal career has been dedicated to protecting the legal rights of Montanans and upholding the rule of law. I have primarily represented Montana’s farmers, ranchers and small business owners in both state and federal courts.

I also serve as the President of the Montana Public Service Commission (PSC), where I oversee 31 state employees and manage a budget of roughly $4.8 million. In this capacity, I consider and rule on legal cases in the same manner as a District Court Judge does. I will bring this diverse legal and management experience to the job on day one.

I’m running for the Montana Supreme Court because I have a deep love for Montana and seek to have a judiciary that both protects the rights of Montana citizens and respects the separation of government powers called for in the Montana Constitution.

We have seen unprecedented attacks on law enforcement and on first responders, on parental rights, on individual liberty, on the Second Amendments, and on small businesses. Montanans are greatly concerned about judges using their positions to make policy decisions. Under the State Constitution, lawmaking is left to the people and to their elected representatives. Thomas Jefferson expressly recognized the danger to the delicate system of government checks and balances that can be caused when judges can shape the law into any form they please. That’s why we must restore balance to the Montana Supreme Court.

My judicial philosophy is one of being a strict constructionist, meaning that I view my role as a Justice to be one that merely applies the facts of any given case to the law and constitution as written – and never legislates from the bench. Contrast my philosophy with my opponent’s liberal judicial record.

In its 2020-21 judicial review scorecard, the Montana Chamber of Commerce gave my opponent a “F Rating” when it comes to protecting Montana jobs and small businesses. That’s an incomprehensible grade and was the lowest score of any Justice on the Supreme Court.

My opponent has been routinely criticized for making law from the bench, including by her own colleagues. My opponent has a reputation among the law enforcement community for being soft on crime and pro-criminal. It was her vote that overturned an 80-year prison sentence of a convicted felon based on a technicality and she also overturned the conviction of a child sex abuser.

Finally, she’s often fond of “condemning” politics in the courtroom. But behind closed doors she shares a strong allegiance with liberal special interest groups. She holds campaign events with former Democrat Governor Steve Bullock and former Democrat U.S. Senator Max Baucus and gladly accepts large contributions from out of state liberal donors who also supported Joe Biden and Hillary Clinton. She claims to be “independent” but she is openly backed by liberal trial lawyers who are spending over a half million dollars to influence the outcome of this race. And, more problematic for judicial independence, these trial lawyers regularly appear before her in Court when they’ve donated to her campaign.

The truth is, the Montana Supreme Court can and must be better. Montanans deserve a Justice who will not use the courtroom to advance personal agendas. I humbly ask for your vote this election because I am dedicated to restoring the Court to a body that merely applies the law as written. And, as your next Justice, I will work each day to restore balance and accountability to the judicial branch and to always protect our Montana way of life.

James Brown is a small business owner, private

Valley Views James Brown Supreme Court Candidate

Pulling back the curtain on attack ads

As I was getting ready for work this morning, and enjoying the usual cup of coffee, a television ad started screaming at me telling me how awful my excellent colleague James Brown is as a Public Service Commissioner and as a Montana Supreme Court candidate, all while extolling the alleged “impartiality” of activist judge Ingrid Gustafson.

Troublingly, the ad directly references a wellknown gas and electric company that does business in Montana. This would be a company that often has legal cases before the Montana Supreme Court and Judge Gustafson. I could not figure how a sitting judge could be running an ad claiming her impartiality while attacking a public utility that regularly appears before the Court on the grounds that it is making “millions in profits” and for being a “corporate special interest.” So, I did some investigation of this curiosity.

As it turns out, the ad was purchased by an entity calling itself the “Montanans for Liberty and Justice.” What was the amount of the ad

Valley Views Brad Johnson Helena, MT

see page 11 practice attorney, and public servant. Brown is running for the Montana Supreme Court, Seat #2.

LETTER POLICY

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buy? I kid you not, a hefty $260,000!. What’s the address of that self-styled Montanans for Liberty and Justice entity? That would be 32 S. Ewing Street, Helena. Curiously, that’s the same address for the Montana Trial Lawyer’s Association. And, low and behold the treasurer for Montanans for Liberty and Justice is Al Smith – the same Al Smith who is the wellheeled lobbyist and executive director for, wait for it, the Montana Trial Lawyer’s Association. Surprise, Surprise.

Now, we all know that members of the Montana Trial Lawyer’s Association regularly appear before the Montana Supreme Court, including before ‘impartial’ judge Gustafson. One has to ask in (an) era where Montana citizens are rightly concerned about perceived conflicts of interest among members of Montana’s Supreme Court, why no member of the 4th Estate, i.e. the “impartial Montana Press” has not questioned why a small group of special-interest attorneys is spending hundreds of thousands of dollars to influence the outcome (of) Supreme Court elections and doing so by funneling money to a dark money PAC with the cutesy name of the Montanans for Liberty and Justice.

For those of us who have watched elections for years, the fact that the Montana Trial Lawyers is once again spending around $500,000 so far this year in an attempt put its favored judge on the Supreme Court comes as no surprise. What is a surprise is that neither the Montana Bar Association, the Montana Democratic Party, nor the members of the press finds such clear influence peddling and obfuscation by a group of attorneys who appear before the Supreme Court as a problem for maintaining the ‘fairness’ and ‘independence’ of our judiciary.

The question needs to be asked at this point, shouldn’t Justice Gustafson step out and disavow a political ad that attacks a business that oft appears before her and the Montana Supreme Court? The Montana rules of judicial conduct allow her to do so. And, in order to maintain the appearance of a fair and independent judiciary, shouldn’t Justice Gustafson publicly state that a specialist interest group, namely the Montana Trial Lawyers Association, should refrain from any ongoing efforts to influence the outcome of Montana’s judicial election, particularly her own? You can be sure that would be the actions an “impartial” judge would take.

For years, the Montana Trial Lawyers Association has played the role of “Oz the Great and Powerful” in Montana Supreme Court elections. And, just like the Wizard of Oz, the Montana Trial Lawyers don’t like it when you pull back the curtain to reveal what they are really up to. And since the Trial Lawyers are absolutely not supporting James Brown for Montana Supreme Court, that tells me that Brown is actually the impartial candidate in this race and deserves your vote.

A chaplain’s perspective

letters

Iwould like to provide the perspective of a hospital chaplain on the Born Alive Infant Protection Act, or LR-131, on the ballot this November.

I served as a hospital chaplain for 12 years. On numerous occasions I was called to labor and delivery to provide support to parents facing the heart-rending situation of their infant’s death or imminent death. Sometimes I was there immediately after the birth to provide prayer and baptism.

Those heart-breaking tableaus are now etched into my memory. Parents cuddling, kissing and singing to their babies, knowing nothing could keep them alive. Those moments were very precious, the only memory those mothers and fathers would ever have with their live infant. Yes, they’d be able to see the body of their child after death, but they’d never embrace the warm, breathing child they loved and longed for.

If LR-131 becomes law, those infants would be taken from delivery to Intensive Care to be placed on a ventilator and undergo numerous needle insertions for testing, medicine and fluids.

I’m not referring to infants for whom survival is possible. I speak for and about infants for whom any medical intervention is futile. The physician knows it and the family knows it. That infant will only be with them for minutes or hours after birth. Nothing can change that tragic scenario. Parents just want to hold their baby and say hello and good-bye – tragically, at the same time.

LR-131 is a purely political and unnecessary attempt by the Montana Legislature to force physicians and parents into a decision that is not in the best interest of anyone. National and state laws already protect the life of any infant born with hope of survival. But when survival is not possible, families need to be able to choose how those first and last moments will be spent.

If LR-131 becomes law, it would also criminalize physicians who, acting out of compassion, provide needed, medically reasonable care to both family and infant. These

are not physicians who don’t care about infant lives. I’ve seen these physicians crying with parents as they hold those fragile, precious lives for the short time they have. Valley Views Please, carefully read the actual law as proChaplain Dan Dixson posed and know that it will do great harm to families, their dying infants, and their physicians. I urge you to vote NO on LR-131.

Write in candidate endorsed

Editor,

I would like to endorse Paul Guenzler, a write in candidate for Lake County commissioner. He is running against Steve Stanley. Paul believes that the county and the Tribes should be working together on our mutual problems. This is something that has been missing in our county government for a long time.

Mary Stranahan Arlee

Compare

Editor,

Are things better today than they were two

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years ago? Absolutely not.

Monica Tranel is a former Republican who worked on Conrad Burns’ staff in D.C.

Monica ran for the Montana Public Service Commission in 2004 and lost as a Republican.

Monica changed parties, ran for the PSC in 2020 and lost, again.

Monica was hired to get Richard Rigg’s (accused child rapist) guilty conviction overturned. She says it’s a lie but, if you’re interested, check out the website law.justia. com. She fully and openly denies this in her ad.

Monica is against short term rentals in the state of Montana, i.e., AirBnB, yet owns up to $50,000 in AirBnB stock.

Monica claims to support gun owners’ rights but supports red flag laws and would end immunity for gun manufacturers.

Monica defends “350Montana’ and if you go to the website to investigate what they do, Zinke supporters are referred to as “racist” (typical).

We are subjected to uncreative, disgusting ads (snakes) and we are concerned with her using her daughters as props.

If Ryan Zinke wins the House seat, he comes in with seniority which could put him on the Appropriations Committee. With that, he would do everything in his power to defund many of the outrageous drains of taxpayers’ money.

A common strategy used by Liberals is to accuse Conservatives of various infractions and see what sticks. The accused, then, spends an inordinate amount of time and money defending themselves, making the process the punishment. Zinke had a multitude of accusations thrown at him but was found guilty of none and resigned anyway. Reminds us of accusations against General Michael Flynn, Judge Clarence Thomas, Judge Brett Cavanaugh… guilty until proven innocent.

In short, Montana, “we need a warrior, not a lawyer.”

Larry and Dorothy Ashcraft Polson

Think independently

Editor,

Last week’s legislative updates by Mr. Hertz were a little short on information. Lots of bluster implying that the Dems will eat your children and are the spawn of the devil of course, and of course very little about how the legislature is trying to get you to curtail abortion rights in November, a right long held in our constitution.

All of this is normal for our politics and each party has their diehards who selectively listen, knowing truth and reality are only spoken by their party leaders. Everything else is either fake news or unjustified investigations into the misdeeds of their last group of leaders. Their efforts toward taking control of what books are in a library are another example of using an elected/appointed position to limit information to what one believes, not to the idea of expanding one’s growth through ideas, thoughts, and unseen horizons.

My hope for November is that there are enough independent and other party voters who have the ability to discern BS from reality and will take the time and make the effort to cast their vote in an informed manner. That seems to me the biggest weapon against the tyrannical use of power by any elected representative and a reminder they don’t work for their party, they work for the good of the populace they serve.

Rich Bell Polson

Vote kind

Editor,

The pollsters are predicting, and the early voters are voting. The pundits proclaim that Trump’s party could do ok in the midterms because it’s always been that way. But this time is all about things no longer being the way they always were before, ever again. We are now on a new road, and I think it’s kind of dark how we got here. It has no tracks and could go in any direction.

Like most people I just want good for Montana, like clean air and water, and a Democrat for governor, for a few, while we all recover. I grew up in Helena. Whenever the Legislature came to town, we couldn’t wait till they went home. There’s now a bill in congress to give all state legislatures final authority over elections, even over their own states’ administrative and judicial branches. Yikes, scary.

Trump’s party lies just like he does. They should not be empowered any further. I want to feel optimistic about the future of the regular folks. I love equality, privacy, reasonableness, diversity, and feeling safe to live my life as I want to. The Montana Republicans worry me a lot because they are following Trump, as Gianforte is, “lockstep.” It reminds me again of Peace Pilgrim’s message: “Overcome evil with good, falsehood with truth, and hatred with love. This is the way of peace.” I will vote for kind people, cross my fingers, and never give up on love.

Debbie Jakovac Polson

Write in candidate

Editor,

It’s important that you take the time to write Paul’s name down on a piece of paper. He decided at the last minute to file for Lake County Commissioner and his name will not be on the ballot. You will have to write it in and remember to fill in the bubble beside his name under County Commissioner.

Many of you know Paul Guenzler and how reliable, trust worthy and true to his word he is. Paul realized recently how important it is that the farmers, ranchers and different communities in Lake County need representation at the courthouse. He will be on your ballot when you put him there. Remember the spelling, Paul Guenzler.

Paul Guenzler has served our community being past President of Western Montana Stockman Assoc., Lake County Weed Board, Mission Valley FFA Alumni and presently chairman of Flathead Irrigation District Board. He has raised his family in the Round Butte area on the same land his father and great grand father raised their families on for over 100 years.

Only you and I can make a difference and elect him as Lake County Commissioner.

Janette Rosman Charlo

Consider Zinke

Editor,

A few weeks ago, a letter from former Governor Schweitzer, who is doing ads for Monica Tranel, seemed to have trouble defining a Socialist. His diatribe indicting Rupert Murdoch and his ranch revealed to me that the old adage that Socialism breeds envy and entitlement is alive and well. So, what is Socialism? I look at it this way.

The word Progressive is a euphemism for a Socialist, and Socialism is a transitional social state between the overthrow of Capitalism and the realization of Communism. As David Horowitz once stated, “Inside every Progressive is a totalitarian screaming to get out.” It appears now that the 99 members of the leftwing radical “Progressive Caucus” have taken over the Democrat party. Ten years ago, the political commentator Michael Walsh described the Democrats as “a criminal organization masquerading as a political party.” If this sounds too harsh to you, just examine their domestic legislative agenda.

Every progressive proposal from the moratorium on rent payments to cancelling student debt to handing out taxpayers’ funds to their favored constituents to stay home and not work is evidence that socialism is nothing more than theft. Since Biden entered office, they have approved over $4 trillion in spending that has resulted in the worst inflation in over 40 years and now we are in a recession. From high gas prices caused by Biden’s war on domestic energy to now high interest rates, Biden and his progressives have shown us they are totally incompetent. Biden has illegally opened the border and allowed millions of illegal immigrants including

see page 13

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violent criminals and terrorists on the watch list to enter our country freely.

If you are tired of the incompetence and corruption of this administration, the last thing Montana needs is another leftist, socialist Democrat representative like Monica Tranel. I would urge my fellow veterans and all citizens to vote for a leader like Ryan Zinke. While Tranel was out rowing her boat, Ryan Zinke was serving as a commander of Seal Team Six and earning two bronze stars. Let’s elect Ryan Zinke who will protect our freedoms and Constitutional rights.

Fred Smith Polson

Consider Larson

Editor,

Michael Larson is running for Justice of the Peace. He is currently the Polson City Judge.

Prior to my retirement, I was a Montana lawyer for 40 years. I spent the last 12 years as Chief Disciplinary Counsel for the Montana Supreme Court. In that position, I headed the Office of Disciplinary Counsel (ODC). ODC is responsible for the intake, investigation and, if necessary, prosecution of ethics complaints against lawyers.

I have known Mike for a half century. We first met in high school and have remained close friends to this day. Mike is honest, reliable and competent. Mike is a person of high character. I have the utmost trust in him.

Mike would make a great Justice of the Peace.

Shaun Thompson Helena

Consider Tranel

Editor,

To voters still weighing which candidate to vote for in the race for U.S. Congress representing Montana’s new 1st District, I urge you to vote for Democrat Monica Tranel. Not only are you voting for the most capable candidate to represent our district, you are helping to keep the U.S. House in Democratic hands.

Too much is at stake to hand power to Republicans, whose fringe element of insurrectionist enablers is now the GOP mainstream. With Republicans in charge, expect legislation to nationally criminalize abortion and throw doctors and other providers in jail. Expect disruptive and distracting investigations and impeachments in retaliation for impeaching Trump and investigating Jan. 6. Expect demonization and defunding of the DOJ, FBI, IRS, and other government agencies. Prepare for Republicans to blow up the economy by refusing to raise the debt limit while using the threat of default to extort major cuts in Social Security and Medicare. Expect the GOP to repeal the Affordable Care Act. Prepare for the GOP to repeal elements of the Inflation Reduction Act that support renewable energy and lower prescription drug costs. Expect the GOP to suppress voting rights and reject election results unfavorable to their party. Expect Monica’s Republican opponent, Ryan Zinke, to vote lockstep with his GOP brethren.

Having a functional government should not be a partisan issue, but we are in a new, frightening era of American politics and governance. We need smart, pragmatic leaders like Monica Tranel to counter the chaos and dysfunction threatened by MAGA Republicans in Congress. Having a government that works is critical to a thriving economy, our national brand, and our precious democracy. Please consider casting your vote for Monica Tranel for U.S. House District 1.

Beth Waterbury St. Ignatius

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