Lest we forget…
Between Barack Obama’s acceptance speech, and John McCain’s surprise VP pic, it would be easy to forget the latest developments in the ongoing tribulations related to the recent finding of a state law ethics violation by our Governor.
Montanans will recall that, in addition to our Governor’s illegal involvement in public service announcements, Commissioner of Political Practices, Dennis Unsworth, indicated that one of our Governor’s attorneys, Eric Stern, had several ex parte contacts with him.
Details of these contacts were released this week. Amazingly, the Tribune did not think it was appropriate to post its story on the subject to its online version (or, perhaps, it didn’t have the hard drive space amidst all of the glowing articles about Schweitzer’s convention speech and national potential. We can’t let a pesky little thing like an ethics violation stacked on top of an ethics violation interfere with the greatness of a Democrat, can we?)
From the hard copy of the Tribune:
Unsworth said the first call came from Stern in April shortly after the Republicans filed the ethics complaint, which claims that Schweitzer broke law by using state resources to put together the PSA right after he filed for re-election.
Then Stern called in late July, right after Corbett agreed to hold a public hearing on some issues, when Schweitzer’s attorney had sought a less public conference call. Stern complained about that decision, Unsworth said, and complained that separate campaign complaints against Republicans were moving slowly while the ethics case moved quickly.
“He said the governor was upset about it,” Unsworth said, describing the call as one-sided. “He asked if Corbett was working for the Republican Party …. I told him I had no reason to believe that; in fact, I told Stern that I appointed Corbett based on his reputation for being evenhanded and nonpartisan.”
Stern called Unsworth a third time to ask when a transcript from the public hearing would be finished, according to Unsworth’s account.
The governor’s senior counsel then came to Unsworth’s office and dropped off a document for Unsworth. “I reviewed the document and realized it appeared to contain what might be seen as substantive comments regarding the case,” Unsworth wrote. “Thereafter I notified the hearing examiner and requested that he disclose and discuss the Stern contacts with the attorneys for the parties.”
So, we have 4 separate contacts with the Commissioner while the case was proceeding. Leaving aside for a moment the question of why the Commissioner let 3 contacts go unreported, we should wonder if this is a fair approach to a tribunal, i.e. trying to influence the outcome of a case without the knowledge and input from the opposing party.
Rule 3.5 of the Montana Rules of Professional Conduct, which governs attorney conduct, has this to say:
A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other
official by means prohibited by law;
(b) communicate ex parte with such a person except as
permitted by law; or
(c) engage in conduct intended to disrupt a tribunal.
An ex parte contact is one that occurs without the knowledge or presence of the opposing party. Except in the most limited circumstances, ex parte contact has long been considered to violate constitutional due process requirements of notice and an opportunity to be heard. So, on at least 4 occasions Governor Schweitzer’s attorney intentionally violated the Constitution in an ethics case.
Lest we forget? I was reminded yesterday that it was 3 years ago to the day that the President was serving cake to John McCain in one of his 7 or 8 or 10 houses in Azizona while people were drowning in New Orleans.
On Monday the Smirking Monky will be in St. Paul singing “Happy Days are Here Again” while people are drowning in Louisiana, Alabama and Mississippi.
Wow, you’re right EJ. I guess there are no ethics rules if there’s a Republican president. Thanks for reminding me.
Oh yeah, and the weather is the GOP’s fault too. Drowning? You sound just a little too hopeful.
Thanks for reminding me.
What an idiot…
Couple things amazing about this story…. I don’t know that any montana paper ran it on its front page…. when it first came out…. and some papers didn’t even run the second story that said the governor had sent in his $750 “fine,” which was basically an admission that he had broken the law…
It is shocking that this story has gotten so little attention, in light of the fact that there’s been an official finding that this governor has broken the law.
Think of all the barrels of ink, and the dozens of front page stories, on both Martz and Burns, and neither one of them were ever found to have broken any laws. The press just kept insinuating that they had.
Not saying that they were saints. Just that it is crazy the difference in coverage.
Right again, daddy! I think that EVERY goober involved in a scandal should be sent directly to jail! Do not pass go! Go directly to jail! I’m with ya, daddy! But say, wouldn’t that rule out the Wasila Wonder too?? You see, ms. Palin (Nipal backwards, which I think is a subtle sublimal message. I mean who would vote AGAINST a Nipal??), ms. palin has got hers in a wringer up there in chilly town! BIG time! And her troubles are just a wee bit more serious that Brian’s! So, you right, daddy. Dump her!
Larry,
you need to get real “I think that EVERY goober involved in a scandal should be sent directly to jail!” If this was the case, we would have no Government!
Call me crazy guys, but what is it called when someone offers a public official x- amount of money in return for an action that is in that persons favor in a situation where the expected result would not be in that person’s favor? Let me think — oh yeah, I remember…
BRIBERY!!! is a CRIME defined by Black’s Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in discharge of a public or legal duty.
So what we have here is a Governor who sent $750 to the Commissioner of Political Practices BEFORE a Final Order was issued in the hopes of getting this pesky little crime taken care of. Sounds pretty much like a textbook definition to me
I’m not a lawyer and I don’t play one on TV – but where is Jack McCoy when you need him? Oh yeah – I forgot our illustrious Attorney General is out campaigning for his next shot at the public trough and he wouldn’t go after his two good buddies anyway.
Silver lining here – Montana can finally be up there with those other states where political corruption is the order of the day. Governor Schweitzer – Montana’s answer to Huey Long. What a guy!
He looked like a horse’s ass making that juvenile speech at the convention. What a guy!
Geeguy, can you please post the date of the paper Trib article and the listed author for the this blog post record please?
Here’s what little I know about Montana politics, courtesy of Pat Williams:
“I can tell you from my viewpoint that spinning Montana’s newspapers was as easy as spinning a top. There’s precious little congressional news that is actually broken by a Montana newspaper. That works to the advantage of the politician. Absolutely. When you are free from a burrowing press, you pretty much have clear sailing.”
That works to the advantage of anyone in power – the press will be your handmaiden, your servant. It is up to the other party to make a fuss – if you guys make enough noise, and if there is any substance behind your caterwauling, if you keep at it long enough, the media will eventually notice. Like they did with Conrad Burns. But it took years.
James, it was in the Friday, 8/29/08 Great Falls Tribune, written by Matt Gouras.
From my point of view, the last three governors have let their bureaucrats run amok while playing politics. Racicot and his 70 million DOR computer boondoggle and Martz and Schweitzer appointee at DOR Bucks is appoint and forget from the Governors.
I’m sick of it and want a hands on governor who will require some accountability from Helena, from DEQ and from DOR and DOT.
But that really starts with being accountable one’s self, and this governor is four counts of immoral and illegal ex parte communications and multiple instances of campaign law violations (every time the ad was run) away from accountability.
He I don’t know if Roy Brown’s the guy. But I do know who isn’t.
Technicaly it wasnt an ethics violation for Shane Hedges to tell the investigating Highway Patrolman that Paul Sliter was driving. That would be a criminal act. Leo Giacemetto didnt commit an ethics violation by moving evidence at the crash scene–that was a criminal act. Judy did violate ethics in the case by removing Shane from the hospital against the orders or the Highway Patrol and washing his clothes. Those were criminal acts.
EJ claims martz violated some ethics rules or criminal laws. I don’t remember her being charged with any crimes, much less being convicted. Could he please enlighten those of us whose memories maybe a little foggy?
Dad, let’s be even more basic than that.
Perhaps our friend E.J. could address the charges against Governor Schweitzer without simply arguing that other people were unethical too.
E.J., can you not see how totally lame that sounds?
Here’s the url for the article:
http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=/20080829/DC5/808290341
Nice piece of writing. The silence from the Montana press is deafening on this one.
Pat Williams is right. The Lee chain hasn’t had a Washington Bureau for years. I am no fan of either Conrad Burns or Max Baucas. As far as I am concerned Burns got a free pass for years from the Montana media and so has Maxie. Media in Montana pitched softballs at both of them for years.
And then they wonder why the Missoulian and the Bozeman paper are laying off staff in the newsroom. There hasnt been little investigative reporting in Montana in the last 35 years.
Thanks, MH. I’m not sure how I missed it, but I did.
Who has jurisdiction over something like that? the Commission on Practices?
I was going to respond to EJ-but his comment was too idiotic to respond to.
The Governor paid $750 in a preemptive strike-to try and keep the damages as small as they could be. It was like a confession of judgement to keep the damages small-and confined. The Republicans want a fine for each time the ad was aired-not to mention a fine for the ex-parte contact. He was hoping to make it look small-and that it wasn’t worth more than $750 to fight it.
Let’s call it what it is—the Governor thought that he could throw his weight (and some weight it is) around. The ex-parte contacts were an effort to cover up-something that he knew he did outside of the law. He thinks he is so big that everyone will back down to him. The press worships the ground he walks on-and he thinks everyone else should as well.
I am no big fan of Schweitzer, but you can scream all you want and quote the ARM and the MCA all you want but the bottom line is he is going to breeze to reelection because the grand old party put up a tedious ex-petroleum engineer turned slum lord as their best candidate for Governor.
Judd… right on. The same Montana GOP who voted in the Feb caucus for Romney for President. And the nutcase came in second.
It’s embarrassing.
Not surprised the rag that pretends to be paper hasn’t followed this story. If governor ‘60 minutes’ ever came to a sudden stop… the Trib’s editorial staff would walk out his mouth.