ELECTION 2018: 20th Judicial District Court Judge

NAME: Deborah "Kim" Christopher

EDUCATION: 2001: The National Judicial College (Reno, NV). 1989: U.S. Army Airborne School (Fort Benning, GA). 1988: The Judge Advocate General's Legal School, Charlottesville, VA. 1988: University of Montana School of Law, Missoula, MT, Juris Doctorate. 1982: University of Montana, BA in Liberal Arts, emphasis Diplomacy, History, Philosophy. Graduated Dean's List with Honors. 1978: Polson High School, Top Ten.

FAMILY: Daughter of Corinne "Keenie" Christopher and Richard "Dick" J. Christopher, Polson. Three sons, four grandchildren and one great-grandson.

OCCUPATION: Current District Court Judge, 20th Judicial District, Lake and Sanders Counties. Elected in 2000, re-elected in 2006, and again 2012.

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

The judge's job is to create a way to untangle disputes in the legal manner provided by the people. I prepare for difficult or unfamiliar areas of the law by starting with the pleadings by the parties and the law. The parties file their motions and briefing supported with their legal authority. Once the briefing from both sides is complete, I read it, all of it. The documents, the law and cases cited by the attorneys should help resolve their dispute if the attorneys are focused and articulate and correctly support their position with the law and cases. If the answer isn't apparent after reviewing the briefing and cases cited, I take a walk or sleep on the issues. Most times after I have let my brain work on the issue, I have a direction. If not, I set the matter for hearing. District Judge McNeil always said, make the attorneys do their job. When attorneys truly understand their case, they should be able to answer my questions in a straight forward, direct and succinct manner with well supported law. If they cannot answer the issue, it is up to them to bring an expert witness who can educate me or a jury on a factual issue in a way either I or the jury can understand. It is their job to understand their case and make the issues clear. I have handled many complex cases in both the criminal and civil arena including Highway 93 construction trial with seven different parties and approximate 15 attorneys, difficult sex trial or homicide cases including a capital case here in Sanders County, the Hyundai trial with $240 million in damages and the Catholic Dioceses sex scandal cases for the Great Falls and Billings victims. While most people focus on the most visible area of the law in criminal cases, that area is fairly settled law. The facts may be at issue but generally the law is not. By far the more difficult legal decisions come out of the civil law. There are many critical decisions within a civil case that confound the attorneys, so untangling the mess that lands on my desk is difficult and all of that takes place behind the scenes. If the civil case goes to trial, you don't get the benefit of the predictability of the criminal law. You have spent the time training me. You deserve to have the benefit of my proven experience and uncompromising integrity.

2. What criteria would you use for deciding whether to impose sentence outside of standard ranges?

Many factors go into a sentencing decision, the crime committed, the injury caused, the seriousness of the crime and the range set by the legislature and if there is a mandatory minimum sentence required. A defendant's constitutional right to a presumption of innocence follows them until they are convicted. I protect a defendant's constitutional rights with my rulings. But once a person is convicted of a crime, our society and the victims of crime have a right to their day in court. If the parties reach a plea agreement I ultimately accepted after viewing a presentence report including the victims' statement or post trial, at the point of sentencing I am very interested in the nature of the crime, the defendant's criminal and family history and the impact on the victims. Generally those matters give me direction within the range given in the law by the legislature to hold this individual accountable. With 18 years on the bench and 12 years as a prosecutor in the military and at state and federal levels, defense counsel and private counsel in many jurisdictions, I have more experience than many attorneys ever have the opportunity to gain in determining where in that range a particular case might fit. I compare a particular case to others to determine if this is a more serious case in a particular crime or whether given the defendant's history, a case is toward the lower end of the crime. I take into account the jury verdict if the case is tried or the defendant's remorse and acceptance of responsibility or lack thereof along with issues in aggravation or mitigation. The people of Montana expect people convicted of a crime to be held accountable. Sentencing should provide specific deterrence to the individual and general deterrence to the public. While 98% of the cases I have seen involve alcohol, drugs or mental illness, the criminal law is set up to protect society and hold an individual accountable for their conduct. The job of a judge is to craft a sentence that punishes the defendant, protects society and provides an opportunity for rehabilitation. The power to do what a judge does comes from the people. It is the power over a person's life, property, money and children. It is critical the power bestowed is exercised for the people I serve.

3. What is the appropriate role for the District Judge in addressing the growing drug problem in Sanders County?

The issue of drugs is not new to the criminal justice system. Chemical dependency and mental illness are and have always been a significant part of criminal activity including newer popular drugs like meth, black tar heroin, opiates, prescription drugs and synthetic drugs like bath salts and spice which was involved in a homicide in Dixon. The role of the Court is constitutional, but the legal system cannot solve society's problems without the community weighing in. We need to keep society safe, but that safety is counter balanced by the cost financially and in people. Children are caught in the tangle of drugs, distribution, violence in the home and individual's choice to use drugs and failure to seek help for their own particular problems. The Court can punish but that is best used in the most serious of the crimes committed where other innocent people are hurt by burglaries, assaults, DUIs, domestic violence and sexual offenses. We need to pool our resources to attack these problems from a variety of directions. The medical and mental health community is a critical component. Individuals and teachers can and do mentor children. We must co-op the arenas where people and professionals perform best without duplication. The criminal justice system is the final stick to warehouse people who are just too dangerous. Court Appointed Special Advocate Program (CASA), for abused and neglected children, the Boys and Girls Clubs are some of the fantastic programs out there or these children now will be the next wave of crime if we don't reach out and protect them. Support groups like AA, NA, and Veterans support, Drug Courts and Family courts are a model for very intensive supervision by the Court, but they are using a lot of resources for a more limited groups of people. Critical to the specialty courts' success is the ability to provide both incentives and disincentives including jail time which is an increasingly difficult asset to use with the overcrowding.

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

When I was first elected District Judge, I was incredibly concerned about the truly innocent victims, the abused and neglected children. As of March this year, CASA ( I began under a grant in 2001) is fully up, funded and working in 20th Judicial District; both Lake and Sanders Counties and the Confederated Salish and Kootenai Tribes. It took 18 years. With CASA in place, I am now actively engaged in the National Alliance for Drug Endangered Children or DEC. The end of June I was flown to Wisconsin where I took part in the filming of a nationwide training film. DEC focuses on the formation of community-based partnerships building bridges between multiple disciplines to coordinate their mutual interests, resources and responsibilities. The goal is developing efficient and effective strategies and tools to better leverage existing resources. DEC provides national leadership, strategic planning, training, and technical assistance to alliances and network members and advocates for intervention on behalf of innocent victims. We must break the cycle of drugs and violence and raise children creating hope and possibility for them. Many of the people I see in criminal arena, the only happy time for them is when they are high, but the impact on our children and the safety of innocent citizens isn't acceptable. Finding a way to educate, support, provide hope and education for children is critical. Frankly, the best way to pull the adult parents back from the brink of disaster is generally their love for their children so social services, the Drug, Veteran and Family Courts are a part of creating a web of safety that gives addicted people services they can choose for a web of support for those most disadvantaged. But if they don't choose to take advantage of the all the treatment options being created for them, the criminal justice system must effectively protect the public.

NAME: Ashley D. Morigeau

EDUCATION: Bachelor of Arts in Sociology and Anthropology and Bachelor of Arts in Environmental Geoscience, both cum laude, with honors, West Virginia University, 2006. Juris Doctor, with added Certificate in Environmental and Natural Resources Law, Alexander Blewett III School of Law at the University of Montana, 2010.

FAMILY: I am married to Josh Morigeau. My parents-in-law are Craig and Kris Morigeau of Polson. My grandparents-in-law are Marvin and Janis Morigeau of Hot Springs. The Morigeau's have long roots in Lake and Sanders Counties. I am proud to be part of a very large extended family in both Lake and Sanders Counties. My parents are Randy and Kelley Young of Hambleton, West Virginia. I come from a blue-collar family in rural West Virginia.

OCCUPATION: Assistant Public Defender at Polson Office of the State Public Defender. I represent and have represented clients in felony criminal cases, misdemeanor criminal cases, involuntary mental health commitments, parents in child abuse and neglect cases when their children have been removed, and juvenile delinquency matters in youth court. I have limited family experience.

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

I would follow the advice I give to the new Public Defenders who start their careers in the office where I am a Public Defender, which is to check the Constitution and also attempt to find a statute in the Montana Code Annotated that is on point. Then read the Montana Code Annotated Annotations, which has comments regarding the statute and the applicable case law. From there, I would do a broader case law search. I would also see if I could find a similar case that was handled by a predecessor, if there is a case pending before the Montana Supreme Court, or if there is a similar case pending elsewhere in the State that could provide guidance. I am curious and thirst for new information, so I am willing to dig into new territory.

In the 20th Judicial District, there are two Judicial Departments. I am running for the seat in Department 2. Judge Manley holds the seat in Department 1. I would take advantage of Judge Manley's approximately 40 years of experience and bounce ideas off him. I met him while I was in law school, so we've known each other for a while and I am confident he would be happy to mentor me.

2. What criteria would you use for deciding whether to impose sentences outside of standard ranges?

Most crimes do not have a sentencing range beyond a maximum cap. Some offenses do have mandatory minimums, like two years or four years. MCA Section 46-18-222 is the alternative sentencing authority and dictates what factors require a Judge not to impose mandatory minimums. Our Legislature has set out the sentencing minimums and maximums and I am legally required to sentence within those ranges. The Legislature also created the law that requires certain factors to be considered as a justification not to impose mandatory minimums.

In terms of deciding how to sentence, I want to know if the person has engaged in chemical dependency or mental health services. It is important to know if the person has prior felony or misdemeanor convictions and if so, from how long ago and if the prior convictions are similar to the current one. It is important to know what kind of support system the person has. It is also important to consider the impact the crime(s) had on the victim(s) and society as a whole.

Persons convicted of first-time felony drug possession are presumed entitled under Montana law to a deferred imposition of sentence, which allows them to petition to have the conviction dismissed from their record if they successfully complete probation. In this jurisdiction, most first-time felony offenders receive deferred impositions of sentence. I also do not like the idea of having a "policy" regarding sentencing in every kind of case. I want to consider that individual (and the impacts on victims and society) and the facts of that specific case in making my determination.

I also think it is important to be cognizant that indigent clients receive the same sentences as private pay clients for similar crimes.

3. What is the appropriate role for the District Court Judge in addressing the growing drug problem in Sanders County?

I am currently a Public Defender and most of the criminal cases I handle involve adults with addiction and mental health issues.

A judge can only impact what comes before her in the courtroom. Montana has consistently recognized that the sole purpose of sentencing "is not merely to punish but is oriented toward rehabilitation. It recognizes the necessity of focusing attention on the particular offender and that in many cases the best method of dealing with a particular offender is not incarceration." Commission Comments to MCA Section 46-18-101. This is Montana law and I took an oath to uphold the Constitution and the law, which I take very seriously.

One way of implementing this sentencing purpose is encouraging those with addiction issues to seek treatment. Another way is implementing Treatment Courts, like the one Judge Manley has started, to provide those who have long struggled with addiction issues with a structured support and supervision system to get them on track for long-term sobriety.

A Judge should also be educated about the reasons people turn to substances. Many of the persons involved in the criminal justice system have experienced adverse childhood experiences (ACEs). Each traumatic event, or ACE, that happens to a child increases his or her likelihood of becoming an addicted adult by two to four times. Persons who have experienced a high number of ACEs are more likely to be violent and suffer from depression. This type of knowledge about the impact of ACEs allows the justice system to focus attention on the individual and tailor sentencing and supervision to the individual in a way that will help them succeed and reduce the likelihood they will reoffend. The reality is that incarceration is expensive, and most people will not spend lengthy periods of time incarcerated, so a judge should support efforts to connect clients with services that will ultimately keep the person out of the criminal justice system, thus reducing taxpayer costs.

My opponent has been on the bench for 18 years and the drug problem has continued to grow during her tenure. She has not made any changes in her courtroom to address this problem. It is time for cures, not band-aids.

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

As I have already stated, I want to expand on the Treatment Court that Judge Manley has started. This will require some research to determine what the exact need is. In 2017, the Montana Legislature changed the sentencing structure for first-time felony DUI convictions so that persons can get a probationary sentence if they are accepted into a treatment court. The need in Sanders and Lake Counties may be for a DUI Court, rather than expanding the Drug Court. Right now, our local treatment court is unable to accept most persons convicted of felony DUI, which results in those convicted going to the WATCH program for six months, which results in loss of income, housing, etc.

I also want criminal defendants to know they will be held accountable. For example, when something like drug use turns to property crime or violent crime to support a drug habit, jail time may be appropriate. Ultimately, I want my courtroom to be a place where everyone feels heard and respected.

Outside the courtroom, a judge should be involved in the community. A judge should not be visible only during election years. This is somewhat difficult given the geographical area this jurisdiction covers but it is important to know the community you're serving. While I cannot comment on specific cases or specific issues, I think it is helpful for the public to be educated on basic knowledge of court procedure and other non-specific case information.

Lastly, my opponent has stated that she is not passionate about being a judge. In my opinion, there is no other way to do this work. Everything that happens in what will hopefully be my courtroom has an impact on our community. If I send someone to prison or to long-term incarceration, that person is someone's father, mother, husband, wife, brother, sister, son, daughter, friend, or neighbor. In Family Law cases, custody decisions impact many people, including the children who are the subject of the dispute. I want to change the perception of the Judiciary as an isolated, cold place. We the people make our community what it is, and I want to encourage people coming before me to be the best versions of themselves.