Justice of the Peace Candidates Share Their Positions

SEELEY LAKE - The Seeley Lake Community Council hosted two candidate forums, Sept. 19 and Sept. 29, at the Seeley Lake Community Hall. They also hosted the Justice of the Peace candidates at their Oct. 10 meeting. Candidates for state and local races answered questions from moderator and Council Chair Klaus von Sutterheim and the audience.

All candidates that appear on the ballot were invited.

This week the Pathfinder features the candidates for Missoula County Commissioner and Justice of the Peace. Visit http://www.seeleylake.com for coverage of the Governor/Lieutenant Governor; U.S. Congress; Secretary of State; State Attorney General; Montana Supreme Court; State Auditor; Superintendent of Public Instruction; Public Service Commissioner; Senate District 46 and House District 92 candidates.

Absentee ballots were mailed Oct. 14. The general election is Nov. 8.

Justice of the Peace: Justice of the Peace is a non-partisan position who is a judge for justice court. They handle misdemeanors, first appearances for felonies, landlord/tenant disputes, small claims, orders of protections and marriages. There is a long tradition in Montana of the position being held by a community member.

Two of the four candidates for Justice of the Peace (JP) attended the Oct. 10 Seeley Lake Community Council meeting. Landee Holloway and Jack Metcalf gave an introduction and answered questions from the public. Robert Greenwell and Kari Wells were not in attendance at the meeting.

Jack Metcalf's father was a Naval Captain and his mother was a special educator.

"Growing up I had these two polar opposites, a very conservative father and very liberal mother," said Metcalf. "Growing up in that environment made me a better balanced individual."

Metcalf feels this upbringing translates to JP position because a JP should be someone who is neutral, a member of the community, someone who listens and doesn't have any prior party affiliations or is part of the existing judicial system.

Metcalf is an educator at the University of Montana. He serves on the board of directors for the North Missoula Community Development Cooperation which deals with affordable housing and community land trusts.

Metcalf started and runs a community art center in Missoula called Real Good Art Space. He works with young artists to help them realize their dreams.

He also moonlights as a bartender.

"My moonlighting job really gives me access to a true cross-section of Missoula. All walks of life," said Metcalf. "It really requires someone that can talk to and understand a lot of different people."

Metcalf said his primary job is an educator.

"I think education and treatment are the cornerstones of our justice court," said Metcalf. "I'm a community member, hardworking, who is balanced, fair, reasonable, not afraid to hold people accountable for their actions just understanding that there is a difference between a crime and a mistake."

Landee Holloway is currently serving as the appointed JP. She was appointed by the Missoula County Commissioners when Karen Orzech retired in July 2016. She lives in Missoula with her husband and seven-year-old.

Holloway has 21 years of experience being a probation and parole officer in Missoula County. She has worked with many of the law enforcement in the area and throughout the county.

"During that time I've always been tasked with what is community safety? How do we make sure people are safe in our communities? But also when those people come out of prison, or have to deal with probation or parole issues, what kind of case management issues are there," said Holloway.

Holloway was asked to be a reentry probation officer. She was required to connect with the community and develop partnerships since housing and employment are known issues. She was tasked with how to get people to integrate into society and be successful in the community so they don't return to crime.

Holloway was on the steering committee for the Jail Diversion Master Plan. She said she supports a lot of the issues that are in the plan.

"As a judiciary we have a huge responsibility with what happens to your taxpayer dollar," said Holloway.

The last three months Holloway has worked as the JP. She has been surprised at the number of "Driving while Suspended or Revoked" tickets. She said it is a mandatory two-days jail sentence but the court has been giving people time to get their license back because they don't want to keep putting people in jail.

Holloway stopped signing bench warrants for failure to pay fines.

"We can't create a debtor's prison," said Holloway.

She has been instrumental in creating a reentry coalition, Partners for Reintegration in Missoula County that works with advocacy and education for those returning from prison.

Holloway said she grew up in a community of 800 so she understands small community relationships.

How much does the position pay?

Holloway said she is paid $33 per hour for 40 hours, 52 weeks per year.

Discuss your legal experience.

Metcalf said he has very limited legal experience, mainly "operating outside of the judicial bubble." He said he has a lot of community experience working with various non-profits, volunteering and getting to know people.

"I think there are some basic truths that we can all agree on and morals," said Metcalf.

Metcalf feels like he has good judgment, listens to people and has common sense.

"I think that is one of my benefits. I'm just a community member, a citizen of Missoula County that wants to participate in the judicial system with fresh, clean pragmatic eyes from outside," said Metcalf.

Holloway, during her 21 years as a probation and parole officer, has written reports and testified in district court and at the parole board. She has spoken at the Statewide Sentencing Commission and Statewide Taskforce.

Holloway has interpreted statues, written recommendations for sentencing that the district court judge uses and she has been the Missoula County JP for the past three and a half months dealing with most of the tickets that come out of Seeley Lake.

"I've been in the judicial bubble as well as the felony bubble all that time," said Holloway.

Did Holloway's caseload as a parole and probation officer include supervising anyone from Seeley Lake?

Holloway supervised a few people but Missoula County has a dedicated parole officer that travelled to Seeley Lake.

Metcalf, how will you have time to do this and your other jobs as well?

Metcalf said he is prepared to quit his other jobs and make this his primary position.

Do you feel the law is the law, or if there are gray areas, will you be lenient enough to listen to both sides before casting judgment?

Holloway shared a case where a woman was charged with failing to yield to an emergency vehicle. Before the case, Holloway did not realize the law read that traffic must go 20 mile per hour (mph) less than the posted speed limit. However the state found the driver guilty by her own admission of going 60 mph, which was not 20 mph below the posted limit.

"It was a case where the state proved she committed a crime and I had to apply the law," said Holloway. "When it comes down to bail bonds, that's where I've done risk and needs assessments and trainings."

Holloway recognized that both she and Metcalf have a certain amount to learn about the law but feels having the attorneys and other resources to assist are very important.

Metcalf said the most important thing for a judge to do is to listen to people's stories and make decisions based on what is in front of them.

"I think there is a lot of gray area. I would definitely listen with open ears if someone felt something unjust is going on," said Metcalf.

Would there be an opportunity for the JP to hold court in Seeley Lake once and a while?

Metcalf is in favor of night court in Missoula to help families who work.

"I think it is a great idea," said Metcalf. "It is definitely something I would consider."

Holloway would not be opposed to holding court in Seeley Lake. In some cases, there needs to be legal counsel, public defenders and other attorneys present which may be a challenge.

"Taking into consideration that everyone has their due process rights, I think that is real important," said Holloway. "Given the circumstances, I think we take a look at the numbers and figure out how we can make it more efficient."

Does the JP operate like a regular court?

Holloway said it is a court of limited jurisdiction. Justice of the Peace is the only position that does not require a law degree.

"It is the People's Court," said Holloway.

People can represent themselves but the rules of evidence still apply. Appeals go to District Court and they still have to abide by the standards of judicial commission with the Supreme Court.

"The laws are there. The civil procedure, the statues and authority, so yes, we do have to abide by those," said Holloway. "It comes down to enforcing the statues and making sure the attorneys or the individuals representing themselves apply the boundaries of due process and their rights."

Follow-up question: How can the Justice of the Peace operate like a regular court if the judge doesn't have legal training?

Metcalf feels having a community member that is serving as the JP without the legal background would substitute having a person judged by their peers, like in a jury situation.

"You're not standing in front of an attorney," said Metcalf. "You are standing in front of your neighbor, your community member."

Holloway said the training in judicial standards is issued by the Supreme Court twice per year. They discuss legislative issues and other issues that come up with other courts are covered. Holloway said the law professors have been very helpful and legal training from attorneys has been helpful as well.

Where does the oversight for the JP come from and who disciplines the judge if they are not doing their job?

Metcalf said the JP is not operating in autonomy in the court.

"There are plenty of people watching what you are doing," said Metcalf. "You will be held accountable if you aren't watching what you are doing."

Holloway said the Commission on Judicial Standards is affiliated with the Supreme Court. There is a separate committee that handles complaints about judges. Local district court judge Ed McLean served as the chair of that committee for 25 years.

Do either of you have a problem marrying couples of the same sex?

Metcalf said the job of a judge is to abide by the law.

"Same-sex marriage is legal now. You have to believe in the law and follow the law," said Metcalf.

Holloway if serving as a JP and get to marrying people, that includes everyone.

"You don't get to choose one way or another," said Holloway. "I have married several people who are same-sex marriages. And as a JP you don't have to divorce anybody."