Supreme Court yanks Hicks from bench
by Kootenai Valley Record
January 8, 2009
The Montana Supreme Court has concurred with a recommendation from the state Judicial Standards Commission to remove Justice of the Peace Gary Hicks from office due to ethical violations involving sexual remarks and solicitations toward women who appeared in his court.
In a ruling dated Dec. 30, the court ordered that Hicks be immediately removed from office and that Lincoln County stop paying his salary. Hicks had been suspended with pay since the commission made its recommendation in October. The commission’s recommendation followed a two-day hearing in August, during which nine women offered testimony about improper behavior by Hicks ranging from compliments on their appearance to questionable visits at home to outright suggestions for a sexual relationship.
Hicks disputed some of the more explicit allegations but acknowledged making some remarks that may have been inappropriate, contending that he had simply been attempting to lighten the mood or make the women feel better about themselves. In a response to the commission’s findings, Hicks argued for an admonition from the Supreme Court rather than removal from office.
The commission, however, held fast to its recommendation and characterized Hicks’ behavior as "predatory."
The Supreme Court disagreed with Hicks’ general objection that the commission did not meet the appropriate burden of proof, which requires "clear and convincing evidence" of misconduct. In its ruling, the court noted that while almost all of the conversations between Hicks and the complainants occurred without witnesses, there was some corroborating testimony from other witnesses and that most of the commission’s findings were undisputed. The court agreed with prosecuting attorney Stephen Berg’s conclusion that it was up to the five commission members to assess the credibility of each of the witnesses.
The court also found that there was sufficient circumstantial evidence to suggest that Hicks had retaliated against one of the complainants by setting abnormally high bail in a case in which she was charged with possession of stolen property.
Following Hicks’ suspension, Lincoln County hired retired Justice of the Peace Terry Utter of Eureka as a part-time substitute pending a decision by the Supreme Court. With Hicks’ removal, the county will be looking for a full-time replacement to serve until the next election.
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Editor’s Note: See the January 6, 2009 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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