Justice of the Peace candidates spar, and agree

Two well-qualified Justice of the Peace candidates – one a sitting city judge and the other a former law enforcement officer – fielded questions during a recent forum at the Polson Country Club. The event, co-sponsored by the local Democratic and Republican parties, offered insights into the candidates’ judicial philosophies and the workings of “the people’s court.”

Mike Larson, who currently serves as Polson’s city judge, responded to a question about how to keep politics out of the nonpartisan contest with an accusation that the local Republican party has done exactly the opposite by endorsing his opponent, Rick Schoening. As a sitting judge, Larson said he’s taken an oath to not accept an endorsement or money from a political party nor attend political meetings “and it’s expected all the other candidates do the same thing and that’s not what’s happening in Lake County,” he said.

Larson, a former chairman of the Lake County Republicans, alleges that Schoening received “a strong endorsement from the Republican Party, and that shouldn’t have happened. I’m upset about it – it’s absolutely unacceptable.”

The rest of the forum was collegial, as the candidates answered several questions prepared by retiring JP Randy Owens and posed by local Republican party chairman Tracy Sharp.

Larson grew up in Missoula, earned bachelor’s degrees in history and sociology from Brigham Young University, and took additional graduate courses in business administration at Utah State University. Over the past 35 years, he’s owned several businesses in Lake County and describes himself as “a very active community leader.”

Larson says the training he’s undergone for his current post is the same training required of a justice of the peace, who oversees misdemeanor offenses, civil cases and small claims court.

Judges need to remain neutral. “It’s imperative that a judge stays in his or her lane,” he says. “Every day you have to remind yourself – we are the court of the common people of Lake County.”

Schoening graduated from the University of Montana with a bachelor’s in wildlife biology and a minor in secondary education. He graduated from the Montana Law Enforcement Academy in 1981 and has worked in law enforcement for 35 years. He spent 21 years working as a Montana Fish and Game warden, serving Lake County and portions of Missoula, Sanders and Flathead counties, and another seven years as a Polson police officer finishing his career as a detective, investigating felony cases.

He believes his experience “in the trenches” will be beneficial on the bench. “I’ve always used common sense and I never forgot who I work for – the people of the state of Montana,” he said. “I will adjudicate the laws that come before me like I did when I was in law enforcement. I will treat people the way I would want to be treated.”

Asked how their judicial approach might accommodate defendants, Schoening emphasized the importance of “getting compliance” and educating those who come before him about the nature of their infractions. “You have to look at the situations people are in.”

Larson agrees that education is a key component of the job. “I say take a breath, think about it, it’s a serious decision,” he tells people, especially those making their first appearance. “Most people leave my courtroom saying thank you. Some are not very happy, but they know they were treated fairly.” The goal, he adds, is to prevent first offenders from coming back.

There were two questions regarding domestic violence and protection orders, which are granted or denied by judges in cases of alleged abuse. Larson called this “one of the most controversial and complicated” areas of law, which requires careful scrutiny of the initial report that’s filed with the judge.

“When bodily danger, harm or even death is a possibility, you have to protect them from that. But sometimes it’s used as a weapon in the fight,” he says. “You have to sit down and analyze every sentence: what is the danger here? It’s a tough pair of shoes to wear.”

Schoening says his experience as a police officer colors his approach to issuing a temporary restraining order. “I’m going to rule in favor of a potential victim because I’ve seen it happen as a police officer and it’s ugly, it’s real ugly,” he says. “I’m a real victim’s advocate here. But the final protection order will be issued when we hear both sides of the story.”

A member of the audience complained that judges often allow perpetrators out of jail before victims of partner family member assault (PFMA) “even get some assistance.”

While Larson agreed that alleged perpetrators often need to be incarcerated longer, he attributed their early release to overcrowding at the county jail. “We’re playing a game with jail vacancies – that’s the reality of it.”

Schoening also believes “those folks arrested for thumping on their partner” need time “to settle down, and if they’re drunk, they need to sober up.” He promised that if elected, PFMA suspects remanded to the jail “are going to sit there if I have anything to do with that.”

The inadequacies of the county jail were also a topic.

According to Larson, the jail currently has a “no-vacancy sign out,” with space reserved “for the tough guys.” The situation makes it difficult for judges presiding over a court of limited jurisdiction – like justice or city court – to fulfill mandatory jail sentences imposed by state law, forcing judges to postpone or even drop those requirements.

“We need a new jail,” he added. “This really needs to be addressed.”

“I’ve been in that facility as an officer and it’s not a place you want to put somebody for running a stop sign,” said Schoening. He’s especially concerned about “these frequent flyers coming through the court, time and time again, kicking and screaming as an officer brings them in on a warrant, sometimes for the third time.”

If elected, “I’m going to ask detention to make room, at least for a night. I won’t do that lightly but there will be people who need to go downstairs.”

The candidates were also asked about their willingness to preside over a DUI court or evening traffic court.

Larson was concerned about running a specialized court for repeat drunk-driving offenders, akin to the district judge’s drug court, calling it “extremely expensive, extremely time consuming.” He was also reluctant to work at night. “It sounds good, but it all takes a lot of time and money that I don’t think Lake County has.”

Schoening, on the other hand, embraced both approaches. “Jail diversion programs are cheaper than putting them in jail,” he said. And having worked night shifts as a game warden and a police officer, he said he’d be willing to preside over evening court sessions. “I’m flexible. If it helps the public come on board and take care of problems, warrants, tickets, that’s who I work for – the people.”