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Curtis cites experience as prosecutor

by HEIDI DESCH
Daily Inter Lake | October 18, 2017 8:02 AM

Kristi Curtis says she plans to rely on her more than 11 years of experience as a prosecutor if elected to the position of Whitefish Municipal Judge.

Curtis has served as Whitefish’s deputy city attorney since 2015, and prior to that served as the prosecutor for the city of Kalispell. She also has more than 30 years of law experience and was a partner in a law firm in California before moving to Whitefish.

Curtis said she didn’t expect to run for public office, but with Judge Brad Johnson retiring at the end of his term she decided to run for the job.

“Based upon my years of experience as a litigator in California and as a prosecutor here in Montana, I am very knowledgeable about the law,” she said. “I am very knowledgeable about the laws that are specific to the [municipal] court that can increase efficiency and increase ease of access to the courts.”

“I have that specialized knowledge,” she added. “Criminal law isn’t like any other law, it’s a very discrete area of the law.”

Curtis moved with her husband, Randy, to Whitefish from California in 2000. They have two grown children, Kelly and Max. She was previously named prosecutor of the year by the Abbie Shelter. In California, she served as a volunteer with CASA and served on a school board for a private school.

She was inspired by her step-father to become an attorney. She earned undergraduate degrees from San Diego State University, and graduated from law school from Santa Clara University.

Before relocating to Whitefish, she handled civil litigation. She was the first and only female partner in a mid-size law firm, Branson, Fitzergald and Howard, in the San Fransisco area.

She was a member of the California bar from 1981 to 2006, when she became a member of the State Bar of Montana. She has also served as a temporary judge in California and as a temporary judge in Kalispell Municipal Court and in Flathead Justice Court.

“I really took to criminal law,” she said of her work starting in Kalispell. “I just loved it. I did hundreds of bench trials and hundreds of jury trials. I really love it here [in Whitefish.]”

Curtis said the only exposure most people have with the criminal justice system is through the municipal court with traffic tickets or minor offenses.

“The goal is to keep people from graduating to [Flathead] District Court,” she said. “It’s to hold people accountable and show gravity of the situation. That’s especially important for young people and also adults.”

She gave an example of one woman whom she worked with who was the victim of an auto accident and suffered pain throughout her life because of the accident. The driver of the car that caused the accident had no insurance.

“It has huge ramifications,” she said. “Even something that people perceive as minor, it is a very serious offense and people have to be held accountable.”

Curtis has a list of ways she would look to improve the Municipal Court operations in Whitefish.

She wants to explore using public video conferencing for people who live more than 100 miles from Whitefish. She noted that many of the people who receive traffic tickets in Whitefish live outside the state and adding video conferencing for them to appear in court could provide efficiency for all parties involved.

In addition, she points out that updates to the jury questionnaires as being a worthwhile improvement for all prospective jurors. She would like to obtain email addresses from prospective jurors to notify them when a jury trial is canceled or continued. The practice would save the court time and money, she notes.

A third area where she sees a need for improvement is increasing the number of bench trials to deal with defendants who don’t appear in court. She notes that often someone who is charged might not be brought before the court for years because they ignore the charges and by then witnesses have moved away and evidence becomes unavailable.

However, she notes, that by using bench trials which are allowed under state statute, a defendant can be prosecuted before the judge rather than a jury.

“The case is closed from the victim’s point of view,” she said. “The person who is convicted can come back years later and they are told they have a conviction that needs to be taken care of.”

“Good people respond [to the court],” she added. “And then there’s people who think they’ll never be caught.”

She notes that a bench trial, which is a more informal process, can also provide an opportunity for defendants who may want to tell the court their side of the issue.

“It is important to listen,” she said “That’s all sometimes people want to do is tell their story. That has to be balanced against a packed courtroom. A bench trial is available for most offenses. Listening and helping them to understand their options and advise them of that — it’s all very important.”

Curtis says her experience makes her the best candidate for the job of Municipal Judge.

“I don’t know why Mr. Hileman thinks he is a better candidate, with my experience,” she said.