Montana judicial elections, 2012

Judicial Elections
Elections, 2012
Judicial election dates
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The Montana judicial elections consisted of a primary on June 5th and general election on November 6th.

On September 17, 2012, the 9th U.S. Circuit Court of Appeals struck down Montana's non-partisan election system, finding it to be unconstitutional. Political parties are now legally able to support or oppose judicial candidates in Montana.

Montana judicial elections summary, 2012

Supreme Appellate Trial Total candidates 4   62 Unopposed candidates 0 1 Judges facing retention 1 24 Judges retained 1 24 Judges re-elected 0 1 Judges not re-elected 0 0 New judges elected 1 10 Partisan or Nonpartisan   Nonpartisan

Supreme Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
MorrisBrian Morris   A	Yes	Number 6	72.29%A	A
SheehyEd Sheehy	No	Number 5	34.20%A	43.88%   D
BestElizabeth Best	No	Number 5	32%
McKinnonLaurie McKinnon   A	No	Number 5	33.49%A	56.11%   A

District Courts

Montana 1st Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
SherlockJeffrey M. Sherlock   A	Yes	Dept. 2	99.24%A	84.72%   A
MenahanMike Menahan   A	No	Dept. 1	99.30%A	100%   A

Montana 2nd Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
NewmanBrad Newman   A	Yes	Dept. 2	98.66%A	86.96%   A
KruegerKurt Krueger   A	Yes	Dept. 1	98.55%A	85.26%   A

Montana 3rd Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
DaytonRay Dayton   A	Yes	Dept. 1	99.60%A	82.63%   A

Montana 4th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
McLeanEdward P. McLean   A	Yes	Dept. 1	98.94%A	82.79%   A
LarsonJohn W. Larson   A	Yes	Dept. 3	98.75%A	82.14%   A
DeschampsRobert Deschamps   A	Yes	Dept. 2	97.84%A	76.98%   A

Montana 5th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
TuckerLoren Tucker   A	Yes	Dept. 1	99.44%A	80.20%   A

Montana 6th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
GilbertBrenda Gilbert   A	No	Dept. 1	61.20%A	65.36%   A
LinneweberBrett Linneweber	No	Dept. 1	10.95%
BeckerBruce Becker	No	Dept. 1	7.74%
PotenbergStephen Potenberg	No	Dept. 1	20.04%A	34.63%   D

Montana 7th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
SimontonRichard A. Simonton   A	Yes	Dept. 1	99.55%A	83.09%   A

Montana 8th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
PinskiGreg Pinski   A	No	Dept. 1	36.79%A	54.78%   A
SullivanJoseph M. Sullivan	No	Dept. 1	13.96%
MacekJulie Macek   A	Yes	Dept. 2	99.05%A	84.19%   A
NeillKenneth R. Neill   A	Yes	Dept. 3	99.38%A	87.29%   A
RauschMichael Rausch	No	Dept. 1	23.96%
FagenstromSteven T. Fagenstrom	No	Dept. 1	25.11%A	45.21%   D

Montana 9th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
DuncanGreg W. Duncan	No	Dept. 1	27.23%
RiesMary Ann Dellwo Ries	No	Dept. 1	33.17%A	44.81%   D
OlsonRobert G. Olson   A	No	Dept. 1	39.52%A	55.18%   A

Montana 10th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
LongBritt Long	No	Dept. 1	14.75%A	19.41%   D
OldenburgJon Oldenburg   A	No	Dept. 1	85.26%A	80.53%   A

Montana 11th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
FredricksonBruce A. Fredrickson	No	Dept. 2	19.65%
WilsonDaniel R. Wilson	No	Dept. 2	34.75%A	46.53%   D
UlbrichtHeidi J. Ulbricht   A	No	Dept. 3	66.61%A	62.46%   A
AllisonRobert B. Allison   A	No	Dept. 2	45.24%A	53.30%   A
LympusTed O. Lympus   A	Yes	Dept. 1	99%A	81.29%   A
CeravoloVanessa Ceravolo	No	Dept. 3	33.15%A	37.53%   D

Montana 12th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
BoucherDan Boucher   A	Yes	Dept. 1	99.24%A	81.06%   A

Montana 13th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
GustafsonIngrid G. Gustafson   A	Yes	Dept. 1	98.77%A	81.73%   A
FaggRussell C. Fagg   A	Yes	Dept. 2	98.75%A	83.25%   A
WattersSusan P. Watters   A	Yes	Dept. 3	99.10%A	84.31%   A

Montana 14th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
SpauldingRandal I. Spaulding   A	Yes	Dept. 1	99.04%A	80.94%   A

Montana 15th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
CybulskiDavid Cybulski   A	Yes	Dept. 1	98.88%A	68.12%   A

Montana 16th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
DayGary L. Day   A	Yes	Dept. 1	99.59%A	84.18%   A
HussGeorge W. Huss   A	No	Dept. 2	50.69%A	57.41%   A
GladeWyatt Glade	No	Dept. 2	49.15%A	42.58%   D

Montana 17th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
McKeonJohn C. McKeon   A	Yes	Dept. 1	99.54%A	75.69%   A

Montana 18th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
BrownHolly Brown   A	Yes	Dept. 1	98.97%A	83.25%   A
BrownJohn C. Brown   A	Yes	Dept. 3	99.35%A	84.99%   A

Montana 20th Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
ChristopherDeborah Kim Christopher   A	Yes	Dept. 2	61.02%A	68.82%   A
KraghThomas A. Kragh	No	Dept. 2	19.88%A	31.17%   D

Montana 22nd Judicial District Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
JonesBlair Jones   A	Yes	Dept. 1	98.68%A	78.03%   A

Justice Courts

Cascade County Justice Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
BaileyEric Bailey	No	Cascade County	N/A%	39%   D
NandlalKrishna Nandlal	No	Cascade County	N/A%	11%   D
JolleyMary Jolley   A	No	Cascade County	N/A%	49%   A

Lake County Justice Court

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Candidate	Incumbency	Department	Primary Vote	Election Vote
BoothAlan Booth	No	Lake County	N/A%	Less than 10%   D
KerrDaryl Kerr	No	Lake County	N/A%	Less than 10%   D
WeinandyDavid Weinandy	No	Lake County	N/A%	Less than 10%   D
DeVriesDennis DeVries	No	Lake County	N/A%	Less than 10%   D
Jonas, IIIEdwin Jonas, III	No	Lake County	N/A%	Less than 10%   D
RaymondJames Raymond	No	Lake County	N/A%	Less than 10%   D
JayneJoAnn Jayne   A	No	Lake County		18%   A
MullinsKathleen O’Rourke Mullins	No	Lake County	N/A%	10%   D
SchoeningRick Schoening	No	Lake County	N/A%	17%   D
BoyceRon Boyce	No	Lake County	N/A%	Less than 10%   D
RichardsonSharon Richardson	No	Lake County	N/A%	11%   D
KendleySteven Robert Kendley	No	Lake County	N/A%	13%   D

Ballot measure

Proposed

The Montana Juror Prosecution Amendment (2012) was a proposed initiated constitutional amendment which did not make the ballot. It was filed by Roger Roots. The measure sought to require that "jurors be informed of their power to determine the propriety of the law to prevent unjust prosecutions."

In the News

Montana election recap, 2012

In the race for Position 5 on the Montana Supreme Court, Laurie McKinnon and Ed Sheehy competed to become the successor of associate justice James Nelson who will retire at the end of this year. There was a negative ad during the campaign targeting Attorney Sheehy that labeled him as judicial activist. The ad was put up by an organization unrelated to Sheehy's opponent McKinnon, who denounced the ad after being asked to do so by Sheehy. After the November 6th results were tallied, 9th Judicial District Court Judge Laurie McKinnon was declared the winner with 53% of the vote.

In the state's trial court races all 24 judges standing for retention were retained and all incumbents re-elected. One race that made frequently made the news was the 12-way race for the Lake County Justice Court. The winner of the race was Arlee attorney JoAnn Jayne, who was accused of illegal campaigning at the polls shortly after the election. Jayne denied this allegations and as of now there has been no investigation into the matter.

Winner of 12-way race accused of illegal campaigning

As featured in JP Election Brief: Highlights of the 2012 judicial elections on November 15, 2012

Last week, JoAnn Jayne was declared the winner of a bizarre 12-way race for the Lake County Justice Court, but there have been allegations saying she engaged in illegal campaigning. Jayne has denied these accusations, saying that they “border on defamation” and that it was an attempt to “discredit the new justice of the peace.”

Prosecutor Laurence Ginnings also said that he has seen no concrete evidence to support such allegations.

“

I’ve heard rumors, but I’ve seen no papers from the state, from the police – I have not seen anything pertinent to an investigation. If we were going to pursue it, someone would have to commence an investigation and give me some facts. - Prosecutor Laurence Ginnings

”

At this point there has been no formal investigation into the matter.

The 12-way race

Though Jayne received the majority of the vote with 18%, three others came close. The closest was Polson police officer Rick Schoening, who garnered 17% of the vote, only 149 votes behind Jayne. In third place there was former Lake County sheriff’s detective Steven Robert Kendley, who received 13% of the vote. In fourth we had the former Lake County Justice of the Peace Sharon Richardson who took 11% of the vote, failing to reclaim the seat she lost to Chuck Wall in 2002. To see how the other candidates fared, see: Lake County Justice Court - 2012 Election Results

Justice of the Peace-elect JoAnn Jayne will serve on the court for the last two years of former Justice of the Peace Chuck Wall’s third term. Chuck Wall resigned earlier this year following the settlement of sexual harassment lawsuits filed against him by two court staff member.

Citing State Code of Conduct, Supreme Court candidate asks opponent to denounce attack ad

As featured in JP Election Brief: Attack ads and voter education on October 25, 2012.

Montana Supreme Court Candidate Ed Sheehy of Missoula is being attacked by a pro-business group which labels him as a judicial activist seeking to abolish the death penalty. Part of a radio ad by the non-profit group Montana Growth Network uses a one of Sheehy's former cases as evidence of his alleged activism. In the case, Sheehy's client sought to avoid the death penalty by declaring it unconstitutional.

“

It was a slap in the face for victims’ families and justice. Now Ed Sheehy wants to take his activist values to the Montana Supreme Court. - Montana Growth Network Radio ad

”

Attorney Sheehy denied these claims of activism and defended himself saying, “I did my job representing my client. I have to raise any legal issue I can raise.” Sheehy also noted that his views on the death penalty are irrelevant, because as a Supreme Court Justice he would not preside over death penalty cases due to the cases he has worked on as an attorney.

Sheehy has asked his opponent Laurie McKinnon to denounce the attack ad, citing Montana Code of Conduct which says, "...when a third party lies or makes false statements about a candidate, the other candidate should disavow the ad and ask them to cease and desist." McKinnon, however, claims she has not heard the ad and that such a request is unreasonable in the middle of a heated campaign.

McKinnon and Sheehy will face off next month in the November 6th election.

Update

October 31, 2012: Last week, Judge Laurie McKinnon issued a press release denouncing the negative ad that targeted her opponent Ed Sheehy.

“

Negative advertising has no place in a nonpartisan race. I disavow any attempts to paint any candidate in a negative light. Mudslinging diminishes the prestige of our highest court. I ask for your vote based on who I am, not on negative portrayals of my opponent. - Laurie McKinnon

”

Montana Supreme Court race

As featured in JP Election Brief: The Supreme Court Special on October 18, 2012.

In Montana, judges have been chosen in nonpartisan elections since 1935; state law makes it illegal for any political party to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate." However, a recent federal appeals court ruling could change all that. Last month, the U.S. Court of Appeals for the Ninth Circuit found that the prohibition of endorsements by political parties is unconstitutional and should be lifted immediately. Unless the state successfully appeals this ruling, it appears that Montana will have partisan judicial elections for the first time in 77 years. This could certainly change the outcome of the race between McKinnon and Sheehy, competing for a vacant seat on the Montana Supreme Court. Additionally, an appeal to the U.S. Supreme Court could have ramifications across all states that choose their judges via nonpartisan elections.

Candidate's views

“

The race for the Montana Supreme Court is probably one of the most significant races Montana voters have to decide, however, unlike the other statewide races, it is difficult to get the general public interested in a judicial election even though the person elected will serve an eight-year term on a very important branch of our government. The Montana Supreme Court is the court of last resort for every person in Montana to have a chance to obtain justice. I am running for the Court because I believe in the law and that everyone has the right to justice and that justice, in the end, is what’s fair, what’s right, and what’s just. -Ed Sheehy

”

Montana's nonpartisan elections struck down

As featured in JP Election Brief: Race mix-ups and a pledge of peace on October 11, 2012.

Montana's nonpartisan system of elections, which has been in place since the 1930's, was declared unconstitutional last month by a panel of judges from the U.S. Court of Appeals for the 9th Circuit. The ruling removed the state's ban on political endorsements for judicial candidates, citing the U.S. Supreme Court's Citizens United decision. U.S. District Judge Jed Rakoff, of the Southern District of New York, explained that, in light of Citizens United, the political speech of corporations could not be limited any more than that of individuals. He wrote,

“

"The voters of Montana are thus deprived of the full and robust exchange of views to which, under our Constitution, they are entitled."

”

Prior to the ruling, Montana law did not allow political parties to "endorse, contribute to, or make an expenditure to support or oppose a judicial candidate." An appeal is still possible, though political parties are now free to endorse judicial candidates for the upcoming election.

Judge Rakoff and Judge Ronald Gould made up the majority opinion, while Judge Mary Schroeder dissented. In her dissent, Schroeder argued that,

“

"Political endorsements, much more than judges’ discussion of issues, lead to political indebtedness, which in turn has a corrosive impact on the public’s perception of the judicial system."

”

The case was: Sanders County Republican Central Committee v Bullock.

Earlier this year, the U.S. Supreme Court struck down Montana's limits on corporate political spending, extending Citizens United to the state level.

Judicial campaigns target TV, spending 4.6 million and counting

As featured in JP Election Brief: Money and controversies on September 27, 2012.

Candidate spending is on the rise in Alabama, Illinois, Texas, West Virginia, Arkansas, Montana and Oregon. According to data compiled by Justice at Stake and the Brennan Center for Justice at the New York University School of Law, candidates from the seven states spent a combined total of $4,673,370 on primary television ads. That figure is more than quadruple the estimated amount spent on television ads during the 2010 primaries. This year's primary spending also surpassed 2004's record of $3.8 million, which included nine states.

The two organizations who compiled the data are trying to show the effects of special interest groups on judicial elections.

“

Money and special interests continue to transform judicial elections around the country. - Alicia Bannon

”

The candidates

The following is a selection of the highest-spending candidates.

Alabama Candidates Tommy Bryan, Charles Graddick, Charles Malone and Roy Moore spent a combined total of $1,391,530 Illinois Candidate Mary Jane Theis spent $1,198,590 Candidate Joy Cunningham spent $135,580 Texas Don Willett spent $1,167,930

West Virginia Candidates Letitia "Tish" Chafin, Robin Jean Davis, Louis Palmer and Jim Rowe spent a combined total of $586,050 Arkansas Candidates Raymond Abramson and Jo Hart spent a combined total $168,410 Montana Candidate Elizabeth Best spent $22,110 Oregon Candidate Nena Cook spent $3,170

The Brennan Center for Justice is a "'non-partisan public policy and law institute that focuses on fundamental issues of democracy and justice'". Justice at Stake is a non-partisan nonprofit "working to keep America's courts fair and impartial."

Montana Supreme Court race heats up

As featured in JP Election Brief: All about appellate courts on May 24, 2012.

With Montana's judicial primary around the corner, candidates are battling for votes. Candidate Ed Sheehy has accused fellow candidate Elizabeth Best of violating the Montana Code of Judicial Conduct by including endorsements from current officeholders on her campaign website. Best responded by removing the endorsements and saying their addition to the website was unintentional. Sheehy also criticized candidate Laurie McKinnon for using a letter from District Judge Nels Swandal, which endorsed her and solicited contributions.

“Judge McKinnon was required to take reasonable measures to not allow this to occur. With this activity by her or her campaign staff, it cannot be said that she is honoring the judiciary as a public trust or maintaining, enhancing, or striving to maintain confidence in our legal system.” -Ed Sheehy

Best and Sheehy were criticized in a mailer, paid for by Montana Growth Network Inc. Best was accused of filing a environmentalist lawsuit which would, "seize control of the state’s atmosphere." Sheehy was referenced for his involvement in the "Christmas Day Killer Lawsuit." He dismissed the mailer as false and misleading.

The candidates:

• Elizabeth Best is an attorney at Best Law Firm in Great Falls, Montana. She served as in the Judge Advocate General's Corps in the United States Army from 1981 to 1984. Best holds a B.A. in Political Science from Montana State University and a J.D. from the University of Montana School of Law in 1981. Best has emphasized her high peer rating and endorsements from former and current justices. She has also been appointed to serve the Montana Supreme Court commissions on civil procedure and evidence, and the Montana Federal Court Local Rules Committee.

• Laurie McKinnon is a judge for the 9th District Court in Montana. Before taking her current position on the 9th District she worked as a deputy attorney in Teton County. McKinnon holds a Bachelor’s degree from Goucher College in Towson, Md in 1982 and a J.D. from the University of Baltimore School of Law in 1986. She is currently pursuing a master’s and doctorate in Judicial Studies at the University of Nevada and the National Judicial College in Reno. McKinnon is the only judge running in this three way race. In a reference to the experience of her fellow candidates she said, “As a judge, I do not get the luxury of specializing in a particular area of the law, like my opponents.”

• Ed Sheehy is an attorney with Office of the State Public Defender, a position he has held since 2006. Previously he served as a regional defender in Missoula. He worked as an attorney and partner for 27 years at Cannon and Sheehy in Helena. In 1978 he clerked for then-Montana Chief Justice Frank I. Haswell. Sheehy holds a Bachelor’s in Political Science from Carroll College in 1974 and a J.D. from Gonzaga Law School in 1977.

The two candidates with the most votes in the June 5th primary will move on to the November 6th election.

1st District Court race

As featured in JP Election Brief: Candidates filing in Michigan, Kentucky, Washington and more! on May 3, 2012.

The upcoming June 5th primary will begin the first contested district court race Cascade County has seen in a decade. With the upcoming retirement of Judge Thomas M. McKittrick there will be an open seat on the 8th Judicial District Court. Running for this seat are three attorneys and a justice of the peace who will face off in the June 5th primary. After the primary only two of these candidates will advance to the general election on November 6th.

The following candidates are competing for the seat currently held by Thomas M. McKittrick:

• Steven Fagenstrom is a justice of the peace for the Cascade County Justice Court. He earned his bachelor of arts from the University of Montana and his Juris Doctorate from Lewis and Clark College.

• Greg Pinski is currently an attorney with the firm of Conner & Pinski, PLLP. He earned his Bachelor of Arts, magna cum laude in Political Science and Journalism from the University of North Dakota in 1996 and his Juris Doctor, with distinction, from the University of North Dakota School of Law in 1999.

• Michael Rausch is a partner with the firm Smith, Walsh, Clarke, and Gregoire, PLLP. He earned his bachelor of arts in Business and French from Concordia College in 1991 and his law degree from the University of Montana in 1994.

• Joseph M. Sullivan is an attorney in private practice. He earned his bachelor of science in Mathematics (Honors), from Gonzaga University in 1981 and his J.D. from Gonzaga University School of Law in 1985.

Races set for Montana primary

As featured in JP Election Brief: Heading south with news from Louisiana, Alabama, Florida and Texas on March 15, 2012.

Monday was the filing deadline for the primary election in Montana. Voters will pick two Montana Supreme Court justices this year, one open seat and one incumbent running.

For Seat Number 5, three candidates will compete to succeed James Nelson. Laurie McKinnon is the only judge who filed, and attorneys Ed Sheehy and Elizabeth Best will face off on June 5, 2012. The two candidates who receive the most votes will advance to the general election. Since only two candidates have filed for Number 6, they will only compete on November 6. This is the seat of Justice Brian Morris, who is seeking his second term on the court. He is challenged by Hertha L. Lund, an attorney from Bozeman.

In addition to the Supreme Court, there are thirty-two District Court races in Montana this year. To see a full list of candidates, visit: Montana Secretary of State, Non-legislative Primary Candidates.

See also

• News: Cascade County has first contested district race in decade, April 30, 2012
• News: Menahan running unopposed for 1st Judicial District, March 30, 2012
• JP Election Brief: Heading south with news from Louisiana, Alabama, Florida and Texas, March 15, 2012
• News: Menahan to run for Judge McCarter's position in 2012, September 27, 2011
• Montana judicial elections

External links

• Montana Secretary of State, 2012 Offices on the Ballot
• Montana Secretary of State, 2012 Primary and General Election Calendar

References