ELECTION 2018: Sanders County Justice of the Peace

NAME: Douglas Dryden

EDUCATION: B.S. Range Management/Wildlife, Washington State University. 1600+ hours of Montana P.O.S.T. Certified law enforcement training.

FAMILY: Married to Jolene for 37 years with six children; two sons are active duty military and three adult children are living and working in Montana. Our youngest daughter is a high school senior still at home; 6 and a half grandchildren.

OCCUPATION: Sanders County Justice of the Peace.

1. How would you prepare to handle cases involving unfamiliar areas of the law?

Prior to being appointed as the Justice of the Peace, I served for 28 years in law enforcement, working with four County Attorneys, prosecutors from the state Attorney General's office and the U.S attorney's office preparing cases, so I had a good legal experience foundation for serving as a judge.

I trained under Judge Strine for one month prior to taking over as Justice of the Peace. I studied for and passed the required judicial exams in September of 2017, which allowed me to be a certified judge in Montana. Since that time, I have attended two mandatory three-day training courses for judges.

Civil cases are more difficult than criminal cases because they rely on contract law, landlord tenant law, and other specific civil law. I spend a great deal of time prior to holding civil hearings or trials studying the law to assure that I am following what the legislatures intent is in each case.

2. How does the Court contribute to the overall quality of life in Sanders County?

Justice Court is one of many spokes in the wheel that makes up a community.

A judge must balance punishment with bringing people into compliance with the laws that our representatives in Helena have passed into law. Citizens thrive when they know what behavior is expected and know what the consequences are of bad behavior. My goal for Justice Court is fairness and consistency for all citizens.

An example of how I balance punishment with bringing a person into compliance with the law and why: Driving while the privilege to do so is suspended or revoked. People who drive with a suspended or revoked drivers license cannot get insurance for their vehicles. When they run into your vehicle they have no insurance to pay for your repairs or replacement. By allowing them time to pay back child support or unpaid fines, they can bring themselves into compliance with the law as opposed to continuing the cycle of continuous suspended licenses. By giving them time to pay off fines and having them obtain their driver's license, they can purchase insurance for their vehicle which helps to reduce the number of accidents where a driver has no insurance and therefore no way to compensate a fellow citizen of our county with replacement costs for their wrecked vehicle.

3. What is the appropriate role for the Justice of the Peace in addressing the growing drug problem in Sanders County?

Justice Court typically only handles misdemeanor drug cases dealing with possession of marijuana and/or drug paraphernalia. Many defendants plead guilty to these charges and are sentenced according to the guidelines.

Most major drug cases (felonies) are adjudicated in the District Courts, so that the Justice Court has little to do with the case other than reviewing and signing search warrant applications, requiring the judge to determine if probable cause exists for the warrant. Also, initial appearances and setting bond for arrested persons.

The most troublesome part for Justice Court in these cases is the jail time for offenders. These can be very problematic along with alcohol abuse cases such as DUI's. The reason is that when these people are in jail, either at the time of arrest or serving their sentence, they often exhibit medical problems such as withdrawals. Often, the judge is called at home and asked to release these people from jail because otherwise, we the tax paying citizens, must pay for their medical treatment and overtime for deputies or officers called out to sit at the hospital while the jailed offender is there at the hospital receiving treatment. This is a difficult decision for the judge as we know that they need to be punished but we also must balance how much it will cost the Sheriff's office in overtime and medical expenses. In the end, it is we the taxpayers who are punished financially.

4. If you are elected and look ahead to the end of your term, what one significant change would you initiate?

I have been serving for a little over 14 months and have already initiated a major change to the Justice Court in how we operate in order to better serve the citizens of Sanders County. In the past, Justice Court Clerks had a specific job such as civil clerk or criminal clerk. This led to problems when they were gone on vacation or sick.

When I took over as judge, all clerks were directed to cross train in both civil and criminal matters so that the office could be more efficient and serve the public better.

The Justice Court Clerks now have the time to do compliance checks along with their other duties. They then call anyone who is not in compliance of paying their fines, completing the ACT program or completing court mandated jail time. Because of this, we have cleared approximately one quarter of our warrants which has brought in additional revenue for the county that was long overdue. My intent in doing this as judge is to hold people accountable.

The effect of these changes in the Justice Court office, on the community is that defendants know that if they do not pay their fines as per their sentencing and time pay agreements, they will be arrested and jailed. This has led to more people paying their fines on time, completing their court required ACT classes and doing their jail time as sentenced. All of this has made the Justice Court more financially efficient. This also creates the consistency and fairness that I believe is good for the county.

NAME: Mark T. French

EDUCATION: Bachelor's in Science, Medical Technology

FAMILY: Fourth generation Montanan, born and raised in Sanders County. Married to Kathleen with five children.

OCCUPATION: Medical Laboratory Scientist at Clark Fork Valley Hospital for the past 16 years. Hay and beef provider in the Clark Fork Valley and surrounding region for the past 14 years.

1. How would you prepare to handle cases involving unfamiliar areas of the law?

The Justice of the Peace is being "we the people's judge," providing remedy between the average person and the execution of law. If a prior law officer sets as the Justice, the people are not represented. A lawman accuses and a lawman judges. That is not a check and balance.

The voter can choose a previous law enforcement officer of the executive branch, bringing his bias to the judicial branch, or you can elect a PERSON to be the liaison between the people and the law as designed by the founders.

Even unfamiliar areas of law still are to apply the basics. I understand innocent until proven guilty beyond reasonable doubt. I respect the role of the jury and my role to help them, not muzzle or control them.

2. How does the Court contribute to the overall quality of life in Sanders County?

Defining Terms: The Law is The Constitution of Montana and the United States that every elected official swears to uphold, so help me God. The Constitutions would be considered the "Rules of Law."

The Codes are what the legislature agrees upon and the Governor signs prior to placing it in the Montana Code book. Not all codes are lawful. They are often overturned by the courts proving they were unlawful.

Justice Court is a place where people can go if they feel they have been unlawfully charged or to bring a charge, resulting in a lawful and nonviolent remedy by a judge or jury.

Our Courts do not honor or uphold the rule of law. In my experience, neither the Constitutions nor the Bible are allowed to be referenced by the defendant in any court room. Basic American jurisprudence such as the number of witnesses required to prove a fact have been redefined, bringing chaos as is demonstrated before us currently in the Kavanaugh confirmation hearings. The Montana Constitution and the 6th amendment use the plural word witnesses. The Bible states: "One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter shall be established."

Sanders County entertains cases where one person brings a charge with no corroborating evidence. A lawful judge should not allow such a case.

When the courts ignore the Rule of Law society turns chaotic. Discovering unlawful courts has provoked me to run for Justice of the Peace.

3. What is the appropriate role for the Justice of the Peace in addressing the growing drug problem in Sanders county?

Short answer is get rid of distractions.

The judge cannot change or abolish codes directly. All he can do is uphold or dismiss a charge. However, indirectly he can influence the action of the officers on the street by dismissing unlawful code enforcement and only upholding lawful citations. If the Justice of the Peace were to dismiss unlawful citations he would take the focus of the officers off of unlawful charges and focus the officers on lawful charges.

There were 28 seatbelt tickets given in Sanders County during the month of June. These tickets are a huge distraction. They are a charge that violates the law in multiple places. The Declaration of Independence defines the purpose of Government to secure our God given unalienable rights, not to remove rights and protect us from ourselves. A seat belt ticket violates the right to privacy outlined in Article 2:10 of the Montana Constitution. The Bible says we are not to strive with a man without a cause.

The seat belt code is very inconsistent. Why should our privacy be violated in our own vehicle in the name of safety, but it is perfectly legal to not wear a motorcycle helmet, snow ski, ice climb, shoot guns etc.? By dismissing unlawful codes, the officers would stop focusing on them and start to focus on real crime like burglary, and drug trafficking. When people murder with their vehicles under the influence of drugs and alcohol, they should be severely punished.

4. If you are elected and look ahead to the end of your term, what one significant change would you initiate?

A law enforcement officer feels he has to enforce the Montana Code Annotated.

One code requires a license plate illuminator. He CATCHES the "violator" and disturbs the peace because the driver knows he caused no harm.

He uses the people and their money to serve the code. The law enforcement officer is successful when he writes a ticket. The fine does not go to a victim, because there is no victim, which violates the Montana Constitution. The officer actually violates the law.

In contrast a peace officer upholds the constitutions he swore an oath to. He monitors his jurisdiction to detect the peace being disturbed. He hears glass break. Once the peace is broken, he references the Montana Code to define the crime and the restitution amount. He restores the peace with restitution to the victim.

I would like to restore the peace of the county by taking officer's focus off of unlawful code enforcement where the officers violate the peace, by focusing them on real crime where there is restitution given to the victim. This will cause the people to appreciate and welcome the officer's presence. The officers and their families will enjoy living in the communities, feeling welcome with respect and reverence. A Win Win!