Judge suggests state pick up tab
By The Associated Press - 6/12/05
POLSON (AP) — A district judge on Friday said former House candidate Rick Jore must pay $15,663 in legal fees to his election opponent's lawyer, but Judge Kim Christopher suggested the state pick up the tab for the contested state House election.
‘‘The court recommends that the state of Montana review this case and the cost and attorneys fees paid by the parties with a view to reimbursing the parties,'' Christopher said in her order.
‘‘The issue at hand was one that had significance for the entire state in resolving the methods to be used in counting votes,'' she wrote.
Jore lost his race for House District 12 last November in an election decided by the Montana Supreme Court. The litigation was initiated by Democrat Jeanne Windham, yet state law requires that losing candidates pay the legal fees of an opponent.
Windham had earlier said it was not her intent to make Jore responsible for her attorneys fees.
Christopher said both candidates made personal sacrifices and took on financial risks to clarify Montana's election laws, which had been changed to conform with federal reforms made after the disputed 2000 presidential election count in Florida. In the HD12 election, Jore, the Constitution Party candidate, and Windham initially tied. However, a hand count by county election officials gave Jore the win after they decided some twice-marked ballots belonged to Jore, rather than his Republican opponent, Jack Cross. Windham sued. A Montana Supreme Court ruling threw out the disputed ballots, giving the seat to Windham. It also changed the makeup of the state House to an equal number of Democrats and Republicans.
The Republican Party paid attorneys fees for Jore.
Jore said Thursday his experience may make people think twice about running for public office because of liability concerns.
‘‘This is such a blatant injustice,'' he said. ‘‘I think it's going to give people pause at the very least.''
Christopher seemed to agree.
‘‘The candidates and their attorneys should not have to subsidize the rest of the state by bearing the entire burden'' of the cost of litigation, she said in her order Friday.
‘‘The court commends the candidates in their efforts, their courage and their sacrifice on behalf of those they represent,'' she added.
‘‘The court recommends that the state of Montana review this case and the cost and attorneys fees paid by the parties with a view to reimbursing the parties,'' Christopher said in her order.
‘‘The issue at hand was one that had significance for the entire state in resolving the methods to be used in counting votes,'' she wrote.
Jore lost his race for House District 12 last November in an election decided by the Montana Supreme Court. The litigation was initiated by Democrat Jeanne Windham, yet state law requires that losing candidates pay the legal fees of an opponent.
Windham had earlier said it was not her intent to make Jore responsible for her attorneys fees.
Christopher said both candidates made personal sacrifices and took on financial risks to clarify Montana's election laws, which had been changed to conform with federal reforms made after the disputed 2000 presidential election count in Florida. In the HD12 election, Jore, the Constitution Party candidate, and Windham initially tied. However, a hand count by county election officials gave Jore the win after they decided some twice-marked ballots belonged to Jore, rather than his Republican opponent, Jack Cross. Windham sued. A Montana Supreme Court ruling threw out the disputed ballots, giving the seat to Windham. It also changed the makeup of the state House to an equal number of Democrats and Republicans.
The Republican Party paid attorneys fees for Jore.
Jore said Thursday his experience may make people think twice about running for public office because of liability concerns.
‘‘This is such a blatant injustice,'' he said. ‘‘I think it's going to give people pause at the very least.''
Christopher seemed to agree.
‘‘The candidates and their attorneys should not have to subsidize the rest of the state by bearing the entire burden'' of the cost of litigation, she said in her order Friday.
‘‘The court commends the candidates in their efforts, their courage and their sacrifice on behalf of those they represent,'' she added.
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