Commission stands firm on call for Hicks’ removal
by Brent Shrum, Kootenai Valley Record
January 2, 2009
The Montana Judicial Standards Commission is holding fast to its recommendation that Justice of the Peace Gary Hicks be permanently removed from office due to ethical violations involving sexual remarks and solicitations toward nine women who appeared in his court.
The commission first recommended Hicks’ removal by the Montana Supreme Court in October, based on testimony offered during a two-day hearing in August. In November, Hicks responded to that recommendation and argued that there was insufficient evidence of "flagrant and severe misconduct" to justify such a severe penalty.
In a recent reply to Hicks’ objections, the commission – represented by attorney Stephen Berg of Kalispell – contends that the case "is largely one of circumstantial evidence punctuated by telling undisputed behavior of Judge Hicks, and corroborating documentary evidence."
"Most important is what it all adds up to: a consistent modus operandi in relation to nine women whose dealings with Hicks were independent of each other, a modus operandi with these ingredients: the black robe; the empty courtroom; the absence of witnesses; the fawning flattery; allusions to his dismal marriage; the expression or implication of power to make unpleasant things go away; the self-deprecation of himself as old and fat, but still virile enough to be satisfactory to younger women; the predatory selection of only low-income women, women in failing marriages, women behind bars, as his targets; the impulsivity of uninvited travel to the homes of two of the women, and work place of one, to pursue his quest; and the audacity of giving his calling card to two of the women," Berg wrote in his response for the commission.
During the August hearing before the five-member commission, Hicks denied soliciting sexual contact from any of the women and explained some of the more innocuous allegations as attempts to lighten the mood or make the women feel better about themselves and their situation.
Hicks’ attorney, Tammi Fisher of Kalispell, contended 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. She argued in favor of an admonition from the Supreme Court rather than removal from office.
"No evidence was presented suggesting Judge Hicks was partial in any proceedings before him?" Berg responded. "This Court is respectfully referred to the Commission’s Findings and Conclusions for a summary of evidence suggesting Judge Hicks was partial in proceedings before him which involved younger, low-income, occasionally imprisoned women from whom he thought he could enlist sexual gratification. He is a threat to such women in Lincoln County. He should be permanently removed from the bench."
Hicks has been suspended with pay since the commission made its initial recommendation in October. Retired Justice of the Peace Terry Utter of Eureka has been hired by Lincoln County to work as a part-time substitute pending a decision by the Supreme Court.
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Editor’s Note: See the December 30, 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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