LIBBY -- A small-town justice of the peace concedes he said some things he shouldn't have to several female defendants.
He admits he shouldn't have gone to some of their homes or, in the case of one woman, to her workplace. And now he suggests that he be admonished for his actions.
But whether Gary Hicks is admonished or suspended or removed from the bench remains to be seen, as the Montana Judicial Standards Commission continues to consider his case.
Hicks, a former car salesman and two-term judge from Libby, has been accused of offering female defendants leniency in return for sexual favors.
"His intent was clear," countered his attorney, Tammi Fisher. "His intent was innocent. He was trying to be friendly and likeable and approachable, to put people at ease, and his comments were misunderstood."
Last week, Hicks had the chance to set the record straight, when the state's Judicial Standards Commission held two days of hearings on the matter. After a half-hour deliberation, the five-member panel announced it would take the matter under advisement, and issue written conclusions sometime in the near future.
Meanwhile, Hicks remains on the bench, although his three secretaries have walked off the job until the matter is resolved.
"They had complaints of their own," said investigator Steve Berg. "But I made the decision that I would not add them to the formal list. Their complaints were of a work-environment nature, whereas the others were of a courtroom nature."
The courtroom complaints date back to April 2007, when the first woman came forward. Detectives with the Lincoln County Sheriff's Department investigated, and quickly uncovered additional complaints. In May 2007, Lt. Detective Jim Sweet handed the case to the state Division of Criminal Investigation.
That office finally presented evidence to members of the Judicial Standards Commission, who last fall called on Berg, a Kalispell attorney, to conduct an independent investigation.
Berg heard complaints from many women, including the judge's secretaries, but included only nine in the official complaint.
The women accused Hicks of commenting on their physical appearance while they were in his courtroom, and of looking upon them in a "lascivious manner." The judge allegedly told some of the women that if they "desired to have sexual relations with an older man," he was available, according to official records.
He allegedly told one defendant she looked "cute in blue" a reference to her jail uniform and another that she was "too beautiful to be in trouble."
One woman claimed he offered to "work with" her regarding her legal troubles, but only if she agreed to a sexual relationship.
Hicks later telephoned her at home, the complaint charged, drove by her house and left his personal card at her home with a request that she contact him.
During last week's hearing, Hicks conceded he had met with some of the women in his courtroom while no one else was present. He also admitted going to some of he women's homes, and to visiting one defendant at her workplace.
He also conceded that he should not, in retrospect, have done those things, and Fisher asked the commission to punish her client with an admonishment.
Hicks, she said, only visited the women to apologize, or to remind them of court dates.
And he already has changed court protocol, she said, to ensure he's not meeting with defendants one-on-one, and has undergone mentoring to help him better communicate with female defendants.
Berg, however, anticipates a much stronger reaction from the commission, which he believes will issue a ruling within the next couple of weeks.
"We heard some very compelling testimony," Berg said of the hearing. "I believe the case was very strong."
Fisher, on the other hand, characterized the hearing as a victory for Hicks, who was compelling, she said, "in the face of a total lack of corroborating evidence."
If the commission concludes Hicks is guilty of inappropriate behavior, it will file a recommendation with the Montana Supreme Court, which ultimately will determine Hicks' fate.
"It's a pretty serious issue," Fisher said. "I think they're going to want to resolve it as quickly as possible."
Posted in State-and-regional on Tuesday, September 2, 2008 12:00 am
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