Decline to Respond as Required by Montana Canons of Judicial Ethics
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Response to Previous Survey
JUDICIAL RACES
STATE SUPREME COURT CANDIDATES:
RESP
VOTE HIST
OFFICE
LAST NAME
FIRST NAME
PARTY
Q1
Q2
Q3
Q4
Q5
Q6
Q7
Q8
Q9
Q10
Q11
Q12
NA
NA
SUP CRT JUSTICE #2
Wheat
Mike
N
NA
SUP CRT JUSTICE #4
Baker
Beth
N
NA
SUP CRT JUSTICE #4
Swandal
Nels
N
A
R*
A
U
A*
R*
R*
A
U
A
A
*
DISTRICT COURT CANDIDATES:
RESP
VOTE HIST
OFFICE
LAST NAME
FIRST NAME
PARTY
Q1
Q2
Q3
Q4
Q5
Q6
Q7
Q8
Q9
Q10
Q11
Q12
NA
NA
JUDGE DIST. #13
Ereckson
Matt
N
NA
NA
JUDGE DIST. #13
Gannett
Damon L.
N
NA
JUDGE DIST #1
Reynolds
James P. (Jim)
N
NA
NA
JUDGE DIST #1
Canty
Carlo
N
NA
NA
JUDGE DIST #1
Loveless
Dennis
N
NA
NA
JUDGE DIST #1
Powell
Karen
N
NA
NA
JUDGE DIST #1
Stahl
Paul
N
NA
NA
JUDGE DIST #11
De Jana
Rich
N
NA
NA
JUDGE DIST #11
Ortley
David M.
N
NA
NA
JUDGE DIST #11
Quatman
Phyllis
N
NA
NA
JUDGE DIST #11
Ulbricht
Heidi J.
N
NA
NA
JUDGE DIST #13
Grant
Lynn
N
NA
NA
JUDGE DIST #13
Howard
Corbin
N
NA
NA
JUDGE DIST #13
Kelleher Jr.
Robert J.
N
NA
NA
JUDGE DIST #13
McCalla Kinsely
Mary Jane
N
NA
NA
JUDGE DIST #13
McKittrick
Ann
N
NA
NA
JUDGE DIST #13
O'Connor
Bill
N
NA
NA
JUDGE DIST #13
Reintsma
James D.
N
NA
JUDGE DIST #13
Stephens Jr.
Robert L. (Rob)
N
A
D
U
D
A
A
U
A
A
A
A
NA
NA
JUDGE DIST #19
Slomski
Robert
N
NA
NA
JUDGE DIST #19
Wheelis
Jim
N
NA
NA
JUDGE DIST #21
Langton
Jeff
N
NA
NA
JUDGE DIST #4
Desmond
Brenda
N
NA
NA
JUDGE DIST #4
Townsend
Karen S
N
JUDICIAL SURVEY QUESTIONS:
Q1
In Republican Party of Minnesota v. White (536 U.S. 765 (2002), the United States Supreme Court ruled that “announce clauses” in state canons of judicial conduct are unconstitutional because; 1. candidates for elected judicial offices do not waive their first amendment right to speak freely, and 2. the electorate has both the right and responsibility to cast informed votes. Based on this decision, I agree with the U.S. Supreme Court, that the “announce clause” in the Montana Canons of Judicial Ethics is unconstitutional and should be removed.
Q2
A “right to abortion” has been recognized by the Montana Supreme Court in Armstrong v. State of Montana, 1999 MT 261, 296 Mont. 361, 989 P.2d 364 (1999).
I believe that Armstrong v. State of Montana, was wrongly decided insofar as it recognized any substantive right to abortion under the Montana Constitution.
Q3
A right to publicly-funded abortions under the Montana Constitution has been recognized by a state district court in Jeannette R. v. Ellery, Civ. No. BDV-94811 (1st Jud. Dist. Ct., Lewis & Clark Co., May 22, 1995) (Sherlock, J.).
I believe that the decision of the state district court in Jeannette R. v. Ellery, was wrongly decided insofar as it held that the Montana Constitution required the use of public funds to pay for abortions.
Q4
In Washington v. Glucksberg, 521 U.S. 702 (1997), and in Vacco v. Quill, 521 U.S. 793 (1997), the United States Supreme Court held that there is no due process or equal protection right to assisted suicide under the U.S. Constitution. Likewise, the state Supreme Courts of Florida and Alaska have held that their state constitutions do not protect any right to assisted suicide.
I believe that the Montana Constitution does not recognize any right to assisted suicide.
Q5
In Goodridge v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941 (2003), the Massachusetts Supreme Judicial Court held that the Massachusetts Constitution required that same-sex couples be permitted to enter into legal marriage.
I believe that the Montana Constitution does not require that same-sex couples be permitted to enter into legal marriage.
Q6
In Baker v. State, 170 Vt. 194, 744 A.2d 864 (1999), the Vermont Supreme Court held that the Vermont Constitution required that same-sex couples be permitted to enter into civil unions that encompass those state rights that attach to legal marriage.
I believe that the Montana Constitution does not require that same-sex couples be permitted to enter into civil unions that encompass those state rights that attach to legal marriage.
Q7
In Lofton v. Secretary of the Department of Children and Family Services, 358 F.3d 804 (11th Cir. 2004), the United States Court of Appeals for the Eleventh Circuit held that those engaged in known current, voluntary homosexual activity have no right to adopt children under the U.S. Constitution.
I believe that the Montana Constitution does not recognize a right of same-sex couples known to engage in current, voluntary homosexual activity to adopt children.
Q8
In Kulstad v. Maniaci (2009 MT 403), the Montana Supreme Court granted parental rights to a non-parental third party without first finding the natural parent unfit.
I believe this case was wrongly decided because: In child custody cases, I believe Montana law does not allow third party non-parents to be granted parental rights unless the natural parent is first declared unfit.
Q9
In Snetsinger v. Montana University System (2004 MT 390A), the Montana Supreme Court ruled that same-sex partners of university employees are entitled to the same benefits as spouses of married employees.
I believe same-sex couples are not entitled to spousal benefits in the workplace, because the Montana Constitution does not allow same-sex marriages or, by extension, marriage benefits for unmarried couples.
Q10
In Canyon Ferry Road Baptist Church of East Helena v. Unsworth (9th Cir. 2009), the United States Court of Appeals for the Ninth Circuit ruled that parts of Montana campaign finance law are unconstitutionally vague as applied to churches. They also said that churches not only can, but must, continue to be involved politically in the great civil rights struggles of our day for the benefit of the nation as a whole.
I believe churches have a role to play in the shaping of public policy.
Q11
Several states are attempting to decide if it is lawful to display the Ten Commandments, along with other historically-significant documents, in public buildings.
I believe that the Montana Constitution does not require the removal of the Ten Commandments displayed with other historically-significant documents from public buildings.
Q12
Please list all organizations that you have been affiliated within the last ten years.
