Protecting the court

In 2003, I was designated as a substitute judge for Whitefish City Court and received appropriate credentials from the Montana Supreme Court.

When I started my service to Whitefish, a serious issue arose because of a memorandum circulated by the city finance clerk, Mike Eve. The revenue projection specified a dollar amount that the court was to achieve from the fines it levied.

The projection set a goal for the amount of fines that the court was to levy against the citizens of Whitefish and all others who might appear before the court. The finance clerk distributed the document to all city departments and staff directors. The matter was set on the city council's agenda.

During the ensuing council meeting, Judge Bradley Johnson, attorney Sean Frampton and I described some fundamental issues of due process of law and the doctrine of the separation of powers.

These fundamental legal principles prohibit the use of the court as a revenue-generating resource. Revenue goals prevent a citizen from receiving a fair and unbiased hearing from the court.

After that meeting, the issue of revenue projections for the Whitefish City Court was set aside.

That past event has important implications in the current Whitefish city judge election. Judge Johnson demonstrated the legal knowledge and sophistication to understand the impropriety and potential illegality of the finance clerk's revenue projections.

He also demonstrated the political courage to confront the issue in a public forum. He had the sense of responsibility to take immediate effective action to prevent the inappropriate financial directive.

In a city the size of Whitefish, the presiding judge must protect the court and the citizens' legal rights associated with their process of that court.

Having observed Judge Johnson's political opponent, Valarie Eve, the citizens of Whitefish must decide whether she has the legal sophistication to identify the political issues that will threaten the due process rights of the citizens of Whitefish. The voters of Whitefish must decide whether Eve has the personal aptitude to effectively confront political threats to citizens' rights.

Finally, does Eve have the determination and inclination to confront Michael Eve, the city finance clerk and her husband, each time that he attempts to use the court as a revenue source for the city's coffers?

On Nov. 8, the citizens of Whitefish will judge the judicial candidates. Please take the time to examine the credibility and credentials of each of the judicial candidates. Please take the time to express your judgment on your ballot.