Mike McGrath

From Judgepedia

Results of all contested 2008 state Supreme Court elections

Montana Supreme Court
Sitting justices
Karla Gray James Nelson William Leaphart Patricia O'Brien Cotter James Rice John Warner Brian Morris
2008 candidates
Mike McGrath Ron Waterman Patricia O'Brien Cotter (Cotter uncontested)
Former justices
Montana on Judgepedia

Mike McGrath is the Democratic Attorney General of Montana, and a 2008 candidate for the position of Chief Justice of the Montana Supreme Court. His opponent is Ron Waterman. They are both running for an eight-year term in the seat made vacant by the retirement, announced on April 25, 2007, of Chief Justice Karla Gray.

A native of Butte, Montana, McGrath earned a degree in business administration from the University of Montana in 1970 and graduated from the Gonzaga University Law School in 1975. He is a veteran of the United States Air Force.

2008 General election results

On November 4, Attorney General Mike McGrath defeated Helena lawyer Ron Waterman by a count of 75% to 25%. McGrath, who was scheduled to be term limited from his position as AG now moves to the Supreme Court.^[1]

Legal Career

McGrath was elected Montana's 19th attorney general in November 2000 and ran unopposed for his second term in 2004. As attorney general, McGrath emphasized public safety, victims’ rights, consumer protection and natural resource issues; in his official capacity as AG he also created the Office of Consumer Protection and Victim Services. Prior to becoming attorney general, Mike served five terms as Lewis and Clark County Attorney. In his 18 years as a prosecutor, McGrath focused on family violence issues, including domestic abuse and sexual assault of children.

McGrath has served as chair of the Conference of Western Attorneys General (CWAG) and the criminal law committee for the National Association of Attorneys General (NAAG).^[2]

Civic activities

McGrath has served on the boards of the Montana Legal Services Association, Big Brothers/Big Sisters of Helena, the Helena Friendship Center (a shelter for domestic violence victims) and the Helena Youth Basketball Association.

Declines to investigate Gov. Schweitzer

In July 2008, Montana Governor Brian Schweitzer gave a speech in Philadephia to the American Association for Justice, formerly known as the Association of Trial Lawyers of America, during which he said that he tampered with the 2006 U.S. Senate election in Montana to help Democrat Jon Tester win. When the text of his remarks surfaced September 3, 2008 , the state and then national media covered the story. Schweitzer eventually said that the remarks had been meant as a joke.^[3],^[4],^[5]

A conservative columnist in Montana, Tamara Hall, asked McGrath, as Montana's attorney general, to investigate, but McGrath declined. In response, Erik Iverson, the chair of the Montana Republican Party, alleged that McGrath had refused to investigate "without so much as even lifting a finger in an effort to ascertain the facts." The U.S. attorney's office is reviewing Schweitzer's comments to see if a federal investigation is warranted. ^[6],^[7],^[8]

Schweitzer's comments about election tampering stem from the close U.S. Senate race in 2006 between Jon Tester and Republican incumbent Conrad Burns. He said that he had used his influence to try and delay the announcement of Butte Silver Bow county's results, used tribal police to intimidate poll watchers off the reservations, and manipulated the Associated Press into declaring Tester the winner.

One Big Horn County observer was escorted out of a Crow Indian polling place on election night in November 2006, according to a signed affidavit by the observer that is part of a dismissed 2007 lawsuit alleging federal elections fraud. Terry Coddens, a poll observer at two predominantly American Indian precincts, signed a sworn affidavit in November 2006 saying an elections judge asked him to leave shortly after the polls had closed, but before elections workers had counted the ballots, a violation of state law. Coddens also wrote that elections judges did not secure ballot boxes with locks.^[9]

Campaign spending

Through September 5, McGrath had raised $194,000 compared with $72,000 raised by opponent Ron Waterman. Of the funds he has raised through early September, McGrath had spent $83,000, leaving a cash balance of about $111,000. Waterman had spent about $27,000, leaving a cash balance of $45,000 left in the bank.^[10]

Montana Gov. Brian Schweitzer and his wife Nancy, and Gov. Schweitzer's brother, Walter, have all contributed the maximum possible donation to McGrath’s campaign for Chief Justice.^[11]

Priorities if elected

More drug courts

In a speech to the Bozeman Kiwanis club on September 8, McGrath said that pushing for more drug courts will be a top priority if he is elected. "I will spend some time encouaging other communities and trying to find some dollars for those drug court programs.^[12]

Reduce court's backlog

When he announced his candidacy, McGrath said that if he is elected, he wants to focus on reducing the Court's backlog, stating:

"It seems like it takes long periods of time to get opinions issued, and I'd like to work on that. Justice delayed is justice denied. People want answers and disputes resolved. That's why they go to the Supreme Court." ^[13]

Hunters honor McGrath

In the fall of 2006, Mike McGrath was honored by Montana Trout Unlimited, the Montana Wildlife Federation, and Orion: The Hunter's Institute for his efforts to protect "roadless areas, streamside access and the state's voter-passed ban on private game farms."^[14]

External links

• Dam right: Mike McGrath wins one for Montana
• Supt. Linda McCulloch and Attorney General Mike McGrath Team Up to Prevent Meth Use
• McGrath's Campaign Website
• McGrath's biography on the Montana attorney general website
• McGrath on Ballotpedia
• MT. Attorney General goes to bat for hard working state employees
• Feds Avoid Showdown by Giving Montana Real ID Waiver It Didn't Ask For
• McGrath Letter to Michael Chertoff
• McGrath top vote-getter in Montana's chief justice race
• Chief justice hopefuls offer different views

References