Truth and justice

I am writing in response to the recent interview with city judge candidate Valarie Eve reported in the Whitefish Free Press.

Her answer to the first question showed a serious lack of understanding how the court system works. She stated that all landlord tenant cases are held at the District Court in Kalispell.

This is not correct. With rare exceptions, virtually all landlord tenant cases are filed in the Justice Court, not in the District Court. While I don't expect the average reader to know the difference, it is essential information for anyone running for a court office. That Eve does not know the difference between the two courts should be a significant consideration in how your readers cast their votes.

Eve also claimed that the Whitefish City Court does not handle civil cases. This is just not true. I practiced before that court for approximately 12 years and have been a sub-judge of the court for approximately another two years. During that time, the court has regularly accepted and administered civil cases.

Eve recently compiled a statistical memo that was provided to the city council. That memo listed the number of civil cases handled by the court each year. Eve's incorrect claim regarding the court's civil cases should also be a significant consideration in how your readers cast their votes.

Eve's answers evidence a serious misunderstanding of legal fundamentals. It is very common for more than one court to have jurisdiction over a case. Using her example, the City Court, the Justice Court and the District Court all have jurisdiction over the common landlord tenant case.

It is up to the plaintiff (the person suing) to decide which of those courts (s)he wants to use. It is not up to the judge and, with the exception described below, I have never known Judge Bradley Johnson to refuse a civil case within the City Court's jurisdiction.

The one exception is orders of protection (aka restraining orders) in domestic-relation cases that are or will be in the District Court for a divorce. The City Court can grant restraining orders, but it does not have jurisdiction over the divorce. Rather than having the parties running to different courts, with the possibility of conflicting orders, unless there is an emergency, the practice is to refer those matters to the only court that can handle the divorce.

Other than that, I have never known Johnson to refuse a civil case within the City Court's jurisdiction. That Eve does not understand these fundamentals should be a significant consideration in how your readers cast their votes.

In her interview, Eve also claimed to have received a paralegal degree from the University of Montana. As far as I can determine, the U of M has never had a paralegal degree program. I would suggest that the Pilot ask for a copy of her transcript or degree.

Thomas T. Tornow

Whitefish