Plagiarism allegations arise

Allegations of plagiarism led to Lake County Justice of the Peace Joann “Joey” Jayne’s dismissal as an applicant to fill the 20th Judicial District Court judge position.

The Judicial Nomination Commission unanimously voted to reject Jayne’s application to replace District Court Judge C.B. McNeil during a Sept. 21 meeting.

According to meeting minutes, the commission stated the application was incomplete and that Jayne “admitted that she lacked confidence in her ability to research and conduct legal writing, that the applicant failed to follow the directions in submitting the application, and that there may be a question as to whether plagiarism was involved.”

According to minutes from an Aug. 21 meeting, the commission received a complaint questioning the originality of Jayne’s writing sample. The committe sent Jayne a letter requesting a response to the allegations.

In her response, Jayne stated she made an inadvertent mistake in her haste to complete the application.  Though the application expressly stated that an original writing sample was required, Jayne submitted a modified version of a court filing from a partner on a 2007 case.

Attorneys regularly use “brief blank” templates when presenting cases, Jayne said.  She added that once the briefs are personalized, case law checked, and approved for applicability and legal accuracy, they become the presenting attorney’s work. Therefore, there is no question about plagiarism.

Jayne said it is not a secret that attorneys rely heavily on “brief blanks.”  She said the commission didn’t examine all of the writing examples as closely as they checked hers.

“Had they done so, they would not have been so hasty to condemn me,” she said.

Jayne said her initial reaction is to be flattered that many people are so threatened by her application that they resort to mudslinging.  She said her being the only woman and the only Native American seems to have scared a status quo.

She said the mudslinging against her is an insult to the people of Lake County.  In recourse, she asks the people of Lake and Sanders counties to send a message that attacks like this will not be accepted or tolerated.

“The commission should have been able to rise above petty politics.  The commission did not have the courage to present a less homogenous pool of applicants,” Jayne stated.

Steve Eschenbacher, James Manley, James Raymond, Mark Russell and John Schulte are still in the running to be nominated for the position. The commission interviewed the remaining candidates Tuesday at the Lake County courthouse in Polson.  

Three of the five names will be forwarded to Gov. Steve Bullock for appointment. Bullock’s decision is due 30 days after receiving the names of nominees.