Hicks fights to stay in office
Judge responds to commission’s recommendations
by Brent Shrum, Kootenai Valley Record
December 4, 2008
Justice of the Peace Gary Hicks is asking the Montana Supreme Court to set aside a recommendation by the state’s Judicial Standards Commission that he be removed from office due to alleged ethical violations.
Accused of inappropriate remarks and sexual solicitations by nine women who appeared in his court, Hicks has been suspended with pay since the commission made its recommendation to the Supreme Court in October. The five-member panel concluded after a two-day hearing in August that Hicks had solicited violated judicial ethics by soliciting sexual contact from several of the women.
Hicks was given thirty days to respond to the commission’s findings. In documents filed Nov. 21, his attorney, Tammi Fisher of Kalispell, takes exception to the commission’s conclusions and argues instead for an admonition from the Supreme Court rather than removal from office.
Fisher objected to several of the commission’s findings regarding specific dates and other circumstances relating to testimony from some of the women. She also pointed out that two of the women could not identify Hicks in the courtroom during the hearing before the Judicial Standards Commission.
Fisher argued that the commission did not appropriately apply the relevant burden of proof, which requires "clear and convincing evidence." She noted contradictory testimony without supporting court records or documentation as well testimony from one complainant’s mother and another’s probation officers calling their believability into question.
Fisher also argued that no evidence suggested Hicks failed to act impartially while dispensing justice, and that Hicks has taken steps to maintain public confidence in his office, such as conducting initial appearances through video link or in the presence of a court clerk, mentoring with a more experienced justice of the peace, and recusing himself from any cases involving the women who filed complaints against him.
According to Fisher, a review of cases from around the country indicates appropriate discipline in Hicks’ case does not include removal from office. Removing an elected official "amounts to disenfranchising the popular electorate," and should not occur without "compelling evidence of flagrant and severe misconduct," she contends.
"The Lincoln County electorate voted Judge Hicks into office in 2002, and again in 2006," Fisher wrote. "Over the course of the past six years, had the Lincoln County electorate chosen to remove Judge Hicks from office, it had the power to do so. It did not; therefore, in this instance, in light of the evidence in this particular case, it is not appropriate for the Commission to discredit the Lincoln County electorate."
The Judicial Standards Commission has thirty days to file its own response to Hicks’ objections, after which the Supreme Court will make its decision in the matter.
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Editor’s Note: See the December 2, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, now on Tuesday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
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