Commission recommends Hicks removal from bench
by Duane Williams, KLCB 1230 AM Libby News Radio
October 22, 2008
The state Judicial Standards Commission issued its unanimous recommendation Friday; Justice of the Peace Gary Hicks has been removed from the bench and is on paid administrative leave. The committee recommendation is removal from office.
Hicks indicated to KLCB Monday afternoon he was not aware of the decision.
What will happen to Hicks is up to the Montana Supreme Court.
Hicks has been accused of making sexual innuendoes and soliciting sexual favors from women appearing before him in the Libby Justice Court in return for leniency in sentences.
Hicks is in his second term as Justice Court Judge.
Exactly how to cover the extended, possible vacancy, currently being termed a temporary vacancy created by the administrative leave of Justice of the Peace Gary Hicks has the Lincoln County Commissioners in a quandary.
Hicks has been suspended pending the Supreme Court ruling on his case. Hicks has 30 days to respond to the findings of the ethics committee.
Steve Berg, the prosecuting attorney has an additional 30 days to respond to Hicks’ response.
That's 60 days before the Supreme Court would even have a chance to consider the case.
In the meantime, the commissioners are wrestling with how to keep Justice Court open. County Attorney Bernie Cassidy told the commissioners that the county has six months from an innocent plea to move to trial. Cassidy said he didn't want anyone to get off on charges because of failure of speedy trial and risk dismissal. He stressed the importance of having consistency of having the same judge on the same case.
Due to the short time period of the temporary vacancy, the commissioners felt that someone with legal training is needed, which is not a requirement for the position. That may mean that several different people will handle different portions of the work load.
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Story by Duane Williams, KLCB 1230 AM Libby News Radio, www.todaysbestcountryonline.com.
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