Joey Jayne challenging District 20 Judge C.B. McNeil

By B.L. Azure

Arlee lawyer Joey Jayne is challenging longtime District 20 Judge C.B. McNeil in this year's general election. Jayne says she can bring positive change to the bench. (B.L. Azure photo)

PABLO - The two candidates for the Judicial District 20 judgeship were the main attraction at last week's monthly meeting of Lake County Democrats on the Salish Kootenai College campus. Arlee lawyer and former HD-15 Representative Joey Jayne is challenging incumbent Judge C.B. McNeil for the non-partisan judicial position.

Jayne says it's time for a change on the judicial bench while McNeil says what has been good in the past is good for the future.

McNeil has been the District 20 judge since it was formed in 1983 to serve Lake and Sanders counties. McNeil was elected to the position in the initial election and began service in 1984. He was re-elected in 1990, 1996 and 2002.

McNeil said he brings a lot of positive attributes and experience to the position. He has handled around 22,000 cases over a span of 23 years on the bench. That breaks down to roughly 10,000 civil cases, 4,400 criminal cases and 5,700 divorces.

In spite of that heavy load, McNeil said he is current on all the cases before him. "When cases are ready for a decision I sign them and get them done," he said. When asked about how many of his decisions have been overturned, McNeil said he was unsure because he does not keep track of them. He says he does read about some in the news media though and that it is a person's right to appeal any judicial decision involving them.

His experience on the bench as well as his service as a delegate at the Montana Constitutional Convention - that chiseled out one of the most progressive state constitutions in the nation in 1972 - makes him uniquely qualified for the position.

In comparison, Joey Jayne is a whippersnapper who said she was still in high school in 1971 when McNeil was well down the road of legal experience.

Jayne, who has served three terms in the Montana State Legislature, has been practicing law since 1993 after graduating from the University of Montana School of Law.

She said she has the utmost respect for McNeil and has appeared in front of Judge McNeil many times representing clients. "I have always been treated with respect by Judge McNeil," Jayne said.

But she said she feels ready to ascend to another level of the legal strata now with 15 years of legal practice as well as her legislative experience on her resume "The reason I am running is that I feel I have the experience as a practitioner and I know the judicial process of the courts," she said. "The people that I have talked to say there needs to be a change."

Jayne said many of the people who encouraged her to run are Indian people who feel a disconnect when they appear before a non-Indian judge or justice.

Both candidates said they support the establishment of a drug court that would fete out alternative sentencing with rehabilitation being paramount.

"I've always believed in alternative sentencing," Jayne said. "There are alternative methods that save money - save taxes. We save financially and we save families also."

"I would support a drug court if it helps people get off drugs and saves their families," McNeil said. But he said it would be inappropriate for a district court judge to be involved in a drug court because the case may end up in district court. "We need to be fair and impartial on both sides of a case."

When asked about what laws should be changed or adopted, McNeil said a judge has no business being involved in the political legislative arena. "I will defer legislation to the legislature," McNeil said. "It is inappropriate for a judge to be involved in the legislative process."

Jayne said that while serving in Montana Legislature numerous laws that increased sentences were voted on and that she almost always voted against them.

McNeil's wish list includes the expansion of the Lake County Courthouse that would include another courtroom or two. He said there is some money to accomplish courthouse expansion to the west. As it is now, with limited court space, district court cases before him and Judge Kim Christopher are alternated. One gets cases in the first and third week of the month and the other gets them in the second and fourth weeks.

"There is a lack of physical facilities to hold court," McNeil said. "Civil cases should be addressed within six months like the criminal cases but we just can't do that now with the limited facilities."

Jayne said that the Confederated Salish and Kootenai Tribes court system no longer handles cases involving tribal member descendents and that has added to the district's caseload.

Current District 20 Judge C.B. McNeil stated his positions on a variety of legal issues at last week's District 20 candidates' forum while challenger Joey Jayne listens. The forum was sponsored by the Lake County Democrats organization. (B.L. Azure photo)

McNeil countered claims that he is an anti-Indian judge. "I am not an Indian fighter," he said, adding that he practiced law for 18 years with a lawyer who was a member of the Confederated Salish and Kootenai Tribes. "I have never had a complaint from people for being anti-Indian.

"Whoever told you I was an Indian hater is wrong," McNeil told the woman who said she had heard the anti-Indian claim. "You ask the people who know me. They'll tell you that I treat everyone with respect. Race has nothing to do with the way I conduct court. I tell you unequivocally that I do not have a problem with race."

Jayne countered. "There is a perception out there that Native Americans are not treated the same way as others in plea agreements," she said. "They feel like they're up against the wall with the judicial system in Lake County. I believe there exists out there a feeling of sentencing disparity. It is the perception that is out there. How do we change it? It's a challenge that we need to talk about."

Both Jayne and McNeil said they dislike boilerplate sentencing ala the federal system and like the sentencing discretion available to Montana judges.

They both agreed that a person representing them selves in court is not a good idea.

Now it's up to the public to vote for the candidate in the general election that they believe will serve the public and the law well.