Rep. Jeanne Windham responds

Editor,

I have read Jore's letter, which I find rather surprising.

First of all, unfortunately, the only mechanism available to any elector to challenge the election process is by filing a lawsuit, naming the candidate as the defendant; that needs to change. What also needs to change is giving discretion to the District Court Judge to award attorneys' fees to the prevailing party. On Dec. 17, although she did not have to do so, Judge Christopher awarded Jore his legal fees, ordering Anita Big Spring to pay them and setting a hearing for Jan. 6 to set the dollar amount.

The only thing the Supreme Court was charged with was to decide whether Judge Christopher abused her discretion in awarding fees to the "prevailing party." They found that she did not abuse her discretion and further found that the ultimate "prevailing party" was Big Spring.

To avoid this kind of result, my attorney proposed to Jore's attorney (Duncan Scott), at the outset, that neither party seek attorneys' fees from the other. Since the political parties paid Jore's own attorney's fees, this would have resulted in no cost to him. Jore's attorney refused. Apparently believing they would win, Jore's attorney insisted on his legal right to collect Jore's attorney's fees (which were paid by the Republican and Constitutional party) from me. Because of his insistence on seeking their legal fees from me, I was required to post a bond.

One would normally assume Jore's attorney did this on Jore's instructions. If so, this is the situation Jore insisted on, and I tried to avoid. If Jore's attorney did this without Jore's consent, then Jore should look to his attorney to pay this. Most of these attorneys' fees also could have been avoided, if they had accepted our proposals to avoid unnecessary hearings, stipulate to the documentary evidence, etc. Jore's attorney refused. So now, having caused most of the attorneys' fees, and insisting the loser pay, it is not very convincing for Jore to cry foul.

Jore apparently felt morally and legally justified to demand his legal fees be paid by Anita Big Spring and to accept politely and quietly the District Court 12/17 order (awarding Jore's fees be paid by Big Spring). He has now conveniently placed himself on some higher moral ground in order to avoid a situation which he is personally responsible for creating.

Rep. Jeanne Windham

Representative, HD12

Polson