Inquiry Concerning Complaint Of: Judicial Standards Commission v. Leroy Not Afraid
245 P.3d 1116
| Mont. | 2010Background
- Not Afraid, Crow Tribe member, was elected Justice of the Peace for Big Horn County in 2006 and took the oath in 2007.
- In March 2009, Not Afraid ran for Crow Tribal Chairman while serving as a state judicial officer.
- Crow Chairman is defined as an executive position by Crow Constitution and Law & Order Code; voting is by Crow members on the reservation.
- JSC notified Not Afraid of Article VII, Section 10 restrictions; Not Afraid did not resign and continued campaigning for tribal office.
- December 2009, Keller filed a complaint alleging violations of Article VII, Section 10 and Rules 1.1, 1.2, 3.1 of the 2008 Montana Code of Judicial Conduct.
- June 25, 2010, a JSC hearing occurred; JSC recommended public reprimand and costs; Not Afraid opposed via motions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JSC had authority to initiate proceedings on its own | Not Afraid | Keller/JSC | JSC had no authority; proceedings invalid |
| Whether Crow Tribal Chairman is an 'elective public office' under Article VII, Section 10 | Not Afraid | Keller | Crow Tribal Chairman is not a Montana 'elective public office'; No violation |
| Whether filing for a tribal elective office triggers automatic forfeiture of a state judicial office | Not Afraid | JSC | Not Afraid forfeited; Article VII, Section 10 self-executing; majority governs |
| Impact of federal/tribal sovereignty and jurisdiction on JSC procedures | Not Afraid | Keller/State | Not in favor; court emphasizes Montana constitutional boundaries and lack of tribal-office inclusion |
Key Cases Cited
- Forty-Second Legislative Assembly v. Lennon, 156 Mont. 416 (1971) (defines five-element test for public office)
- State ex rel. Barney v. Hawkins, 79 Mont. 506 (1927) (public office involves delegation of sovereign power)
- Committee for an Effective Judiciary v. State, 209 Mont. 105 (1984) (forbids broad reading of 'any office' to include tribal offices)
- State ex rel. Running v. Jacobson, 140 Mont. 221 (1962) (five-element public office framework applied)
- State ex rel. Shea v. Jud. Stands. Commn., 198 Mont. 15 (1982) (verified complaints required; Rule 9(b) rejected when conflicting with statute)
- State v. Harris (Harris v. Smartt), 311 Mont. 507 (2002) (de novo review of JSC proceedings noted)
- Smartt v. Jud. Stands. Commn., 310 Mont. 295 (2002) (recognizes JSC authority limits and citizen-compliant process)