Archived Story

Judge grants Jore hearing over assets
By JOHN STROMNES of the Missoulian

POLSON - A judge Friday granted a hearing on Rick Jore's request to exempt his assets from a $15,600 judgment against him by the law firm that won for his opponent in the tug of war over the House District 12 seat.

Jore has been ordered to pay the Helena law firm of Meloy-Trieweiler, which represented Democratic candidate Jeanne Windham who beat Jore in last November's election by appealing the results to the Montana Supreme Court.

The hearing will be at 9 a.m. Sept. 19 in the Lake County Courthouse before District Judge Kim Christopher of Polson.

In her order setting the hearing, Christopher warned Jore that she "will not re-litigate contested issues in this case ultimately decided by the Montana Supreme Court."

The high court not only awarded the legislative victory to Windham, but ordered Jore, who lives near Charlo, to pay her attorney's fees. Jore did not contest the election result, which initially was ruled a tie by local election officials, and he did not seek to litigate the results.

Jore has refused to pay the judgment, saying it is unjust because he didn't sue anybody, and would not have sued, even if local officials had awarded the election to Windham.

"I don't believe elections should be decided in the courts," he said Monday.

"My hope is that the citizens of this state would see what a travesty and injustice this is, and at the very least they would publicly chastise and condemn the Supreme Court for its partisan bias," Jore said.

Jore served as a Republican for several terms in the state Legislature from Lake County, then changed to the Constitution Party, was initially re-elected and then defeated.

Christopher granted Jore's request for an exemption hearing but told him he doesn't have much chance of prevailing.

"This case was appealed to the Montana Supreme Court and their decision was entered overturning the decision of this court," the judge said. "A district court has no authority to overrule the Montana Supreme Court. The contestee is reminded the court is constitutionally, statutorily and bound by oath to follow the law as provided by the Montana State Legislature and decided by the Montana Supreme Court."

In an earlier order, Christopher denied a request by Jore's attorney, Duncan Scott of Kalispell, to withdraw as Jore's counsel. Scott was initially hired by the Republican Party to represent Jore in the litigation, because the GOP wanted to keep Democrats from securing a majority in the House in the 2005 session. Jore's legal bill was ultimately paid partially by the Republican Party and partially by a Constitution Party fundraiser that brought in $10,000 for the fee.

The bill for Windham's attorney, however, has been left to Jore to pay.

Jore said Monday he will represent himself at the Sept. 19 hearing, rather than relying on Scott's legal advice, or that of any other attorney.

He said he filed the writ of exemption pro se, that is, without an attorney, after the Lake County Sheriff's Office supplied him with the form when it began confiscating cash from his bank accounts Aug. 31 to satisfy the judgment.

Acting on a court order, Lake County Sheriff Bill Barron on Aug. 31 confiscated $543.60 from Jore's checking accounts at Community Bank in Ronan. The bank took the remaining $25 in his account as its fee for the transaction. The order from Christopher directs the sheriff to collect from Jore a total of $15,663.56 - plus 10 percent interest dating to June 16, to go to the Meloy-Trieweiler law firm.

The attempt to collect the remainder of the judgment has been postponed until after the Sept. 19 hearing.

Jore said he has no great hope he will prevail at the hearing, or that he can forestall the confiscation of his assets. But he can still publicly protest the injustice, he said.

"I filled that form out simply to make my point. I believe this is so unjust that I can not in good conscience pay it voluntarily," he said. "If they (Democratic litigants) believe that I truly should pay this, they are going to have to use the force to collect."

Jore said he may seek election to the Legislature again despite the expensive results from his attempt at public service in 2004.

"It's likely that I am going to run. My goal in running for the Legislature is simply a step to my real goal, to restore constitutionally limited government in this country so we can have our freedom back," he said.

Jore said there is a simple solution to the entire fracas. He paid his legal bills. The Democrats should pay theirs.

"The Democrats allow this to happen, even though they recognize that it's improper and unjust," he said.

Reporter John Stromnes can be reached at 1-800-366-7186 or jstromnes@missoulian.com


Add your comment now! Write your comment in the form below.
(Email address is for verification only. If you'd like to email a story, look for the link above)
Current Word Count:
   

|

Subscribe to the Missoulian today — get 2 weeks free!