Jore says he'll ignore Supreme Court order to pay legal fees

Despite a decision by the state Supreme Court ordering him to do so, House District 12 candidate Rick Jore says he will refuse to pay the legal costs associated with the trial that ultimately gave the House District 12 seat to Jeanne Windham last winter.

Last December, Anita Big Spring filed suit on behalf of Windham after a Lake County Recount Board determined the election results between Jore and Windham resulted in a tie, along with seven disputes ballots that had been marked twice. Those ballots were awarded to Jore.

A District Court ruling upheld the election board's findings — in which case Jore would have been appointed to the seat by then-governor Judy Martz — but a state Supreme Court overturned the District Court ruling, giving Windham the HD 12 seat during the 2005 Legislature.

In its ruling, the Supreme Court said Jore should be responsible for attorney's fees incurred by Big Spring, who had filed suit on Windham's behalf. A hearing was held last Thursday in District Court to validate those fees. Last Friday, District Judge Kim Christopher issued her conclusion, saying essentially that the attorneys' fees were reasonable. Christopher was not charged with determining whether it was appropriate for Jore to be held liable for those fees, but only that they were appropriate for the work performed.

The attorneys, who work for the Helena law firm of Meloy Trieweiler, submitted a bill of $15,663.56, but Jore says he has no intention whatsoever of paying it.

"I believe that this is a travesty of justice, and that this arrogance and abuse by the Supreme Court needs to be challenged. If they believe that me paying these fees is just, then I will burden them to force me to pay, even if it comes to putting a lien on my property or confiscating my bank account," Jore said earlier this week. "I believe that it is time for us as citizens to say 'no' to injustice. I'm not inclined to pay this bill."

Jore says he's shocked the Supreme Court ordered him to pay the fees because he had no role in Big Spring's lawsuit — he was merely someone running for office.

"I didn't initiate any (legal) action, I haven't violated any contract, and I haven't broken any laws," he said. "I was entirely innocent in this whole thing, but I've been ordered to pay, in essence, a $16,000 fine."

Jore said he understands situations where parties who sue can be asked to pay legal fees, but that he's frustrated because he had no role in Big Spring's suit.

"Typically attorney's fees are awarded when someone initiates an action and loses. The purpose is to prevent frivolous lawsuits. Under the circumstances, it's inconceivable that they (the state Supreme Court) would hold me accountable for her legal expenses," Jore said.

Christopher's ruling was sympathetic to his situation.

"The Court recommends that the State of Montana review this case and the costs and attorney's fees paid by the parties with a view to reimbursing the parties. The issue at hand was one that had significance for the entire state in resolving the methods used in counting votes," Christopher wrote in her ruling. "The candidates and their attorneys should not have to subsidize the rest of the state by bearing the entire burden."

Jore said he's been advised by his attorney that ignoring the bill for the attorneys' fees could have serious consequences, but said he's prepared to do that. He said there are other alternatives, including having fundraisers and asking the Constitution Party for help, but that that would simply shift the burden to other people.

"I know my friends will step up and help me with this. My concern is that we quit taking the easy way out and that we confront these abuses emanating from the Supreme Court," he said. "I'm not going to plea with people to help me —that's the easy way out. There's nothing preventing the Democrats from stepping up and paying this bill. They could alleviate this whole thing."

Jore also said he wants to put the burden on the Helena law firm to take action.

"If they believe that this (requirement to pay their fees) is truly just, and they are willing to lien my property or confiscate my bank account, then that's what they will have to do," he said.

Michael Meloy, one of the attorneys who represented Big Spring, did not return a call seeking comment on what actions, if any, the firm might take against Jore. Jore said he will not ignore any correspondence from the law firm, but will respond to them, outlining his beliefs about why paying their legal fees is unreasonable.

"I don't intend to ignore the situation. I will present the law firm with the exact statement I presented to the District Court," he said. "I don't put the blame on the District Court at all, but I'm appalled that the Supreme Court would put the burden on me to pay these fees. I don't want to convey the notion that I don't have respect for the rule of law, but there comes a time when we have to recognize an injustice for what it is."