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MISC: 1981 FLAHERTY PATRICK F. FLAHERTY - RECALL PETITION NIA R 1 9 1981 RECEIVIU cr JuN 17 i i i rt y OnS / WARNING frli. ,/ /9i A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to he recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned g qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media durin the months of Januar and Februar , 1981; 2 A e and reli ious discrimination in the dismissal of De ut Count Attorne Cecil Wood ate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO • 1 - - E f a W• - - ea; NCoNit _ Ors, r AFRAVAri " /ry kr St 6. --.04tPrtA,k ei,L4A,p4 p_---/A)4tw &— • a,6a...9.4.. ./s 8. �. � � X// / /71/4--e_r • hi r• - 70052 MR 1 91x1 • ' BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT - Name of Elector St. No. or P.O.' Box No. • 1.1f L b°-.Z/z2 /%;1 /J //A _ , c&) ` x 3. CLX ejA1(),i,._k 2- 4. < (,v. / AMP tEr E I K. 1 k 'y , 5. Q_,'e S l 5`Q--, C G,W PO r ;5±-1? 1 fJ 6. 9,, ,v. /4 , / Ci, lI ,c---7A--. /cam r-!<.. 7. /qn,thJ 7 At- 10. ,, Q VA W ' . : lailEINIESI 11. ` V �. ' i5 1 / 12. z.1/, .! .a 1 1111=111111 fv 14. 1-M_, .. ; C _� /t ' - /1 / q i r- 1 - pg. 4: : e r / SE-_ .5- �` I ii ii- ii /7 �, 16 Li '� S 17111111001111 •,e� . 1 M.., pi4MEMIllowyerMI ,,_)-- 1 18• s.' , 19. jLI��•� i �J amorimaxi / /, , r - � f/if J, fit" /3-re0,-- / 17/20. 21. 40-4-6.A- . .m /0i4 /L /,/ V'/"�iAtc -_,;e4 / 22. 23. 24. 25. 26. 27. 28. 29. _ 30. L - 00 52., • - t:AR 19 I-'31 • AFFIDAVIT OF CIRCULATOR • I , i ��l�i + bein g first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition • before signing the same. X LC Subscribed and sworn before me this _ /6, day of , , = , 19� Y G K-t /7) Note y Public or other person authorized to take oaths --- title or notarial inform- ation I s.:1,1.1:1 a1t,�t..`...-vM2t, `Y.Y m' ''id Amotat 00, 17-S/ • • . 1 .. • • • • "- _ s Y 7 t: .. • y•- .'I 7 to t '�` �'' " ,-c i + - MAR 1 9 1981 a 0015 WARNING A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons: Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, are January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media durin• the months of uanuar and Februar , 1981; 2 Ase and relisious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT ed NAME OF ELECTOR ST. NO. OR P.O.BOX NO vis,.. We' 51'er - ec)( 37,9"Alteet414 ''',' lt. fia 7,!Yi,3.s,1� 7f -c C�.i�z." Lc...- /C/' c,, r �(�!�� �t / 4. 5c-v e. e --r-- 15—‘r� �� a 6 �-�✓ J z% 7_7) .) ce` ,SCA';2-36 c, .G � 6. t.?, �� L% Vu:l� ��c-c v kit .f,, x Ali(0 Li„,4 t 4 11 L 8,i -fi "f7-A5(--.- --/-L., /fr),Ini‘/,.s6,),, (D--X LY(Oc(? latlfiej r ` 4 - , . , \ i , ,, . ,\,, I VP)10 - • ?BAR i g 1991 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. 13AII,J .,/,—, / !� 2./ 1/4-7- 3. • I JL J cC.L I.1(}L1 L ! cs a !b w A/.e "l,J PI / 4. G Gax / /1 7 fA _ ' ./_ _ 0 a 8. J ,J2Widehji 10. 11. 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. • • . . MAR g *41 0015 AFFIDAVIT OF CIRCULATOR I , e.17.1,./ , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. ( � Sohscri bed and sworn before me this ,/ r day of ,,,„ , 19 . (_ sL cf_ Notary . ublic or other person authorized to take oaths --- title or notarial inform- ation ktooli at basithe, Xta •.. Cwna,sab.:.e 6npFs„u &s 4& /y,01 • • .. MAR 1 97981 •0012 V WARNING A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years, or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F . Flaherty, holding the office of County Attorney, should be recalled for the following reasons: Incompetence: failure to abide by the Code of Ethics for attorneys; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal bel 'efs to interfere with the application of justice as supported by the following facts : (I) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 1.YS ---a /i`r fc_-&- --, ' 2 /=ct c-/Y.'-- /;,, ,,, R 77 u (77:51-?r,II 2. ,T - /--e c / /�K, A,x 3 5"-.2, ��ivAg/j 3. ->�� l l 1 _ L r Via`/�� S f ` 5 /4,:, ;7C'/ia 4._ 'u V . 4 _, _. /111 _ ril.P 7 c= Iv r iy kijyi 7-„-}4„q i.7/4 4,(:3' 5 (730 ___ , 4:e.4.....i.-- . 4111, A 8. 7/,---1,4 %-<; C i 0012 \ . •- •. • _ iAR 1...91M1 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF : COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. • 1. �dZUCtc 0%/vd RV( 66 1 / l"(///e l2 Rf 1 190X_104/ 3.4)A.,._. ,.._., -_,___„. ' 1 i 0_ f 4/ - i 4. g Q ∎V o ,t,�—.) r]` / /J. S ._ 5 : / ` SIZZJ.Prt. ///i d c i Se'/1i/ . ``" e /0_s 6• - _z.,--0_,,) 9i�1�;�r,� 7 i✓ Z A , 7.Q„,..4 , i , Fu1f,, 60K /SS Ur,,;-m9 z_ 8.,3-,� , Lam , L 17 9. .I��n.41.0�T GCrAh '-"--- Ll/,41 6 VI.e Y"--' !f 1,1 r C:7 r ii.)GL( lo. (}1 — - nt 111c. 0= utRI 13k:, N .s- ' W thi/;44 11C6 ai,.Cituk;:i, kd C&,; l Ae a 5Li 2_ La ifetrA II 12 2d, .1 „ji.p.,;4 s,/i,7/1- ;A 41.2.!( 13. .44t., u L �f t L, V f t id j3:� K S`C'� r..: 6�• 4t Lit 11 - / t.d� 60.K /eL f.L'orLW4(4 `-' // eV))7 7.1 fe-7'1 /3e V 3 el 1,(,i 'Cl 161. - Y u Li tmon i V i o k, 1Rlf I (6r4uvel1, knf 17. Al*. 1,.m /1//1 6 E/' eo /d51/TE7//” 1: �: . .•.�,y '1 L"II' . ♦ - :C J e . o' tv r l n 1 II s :7 .` k . ° IV. 1 -r 4L WASEEMEr ket --- 1 �' ,1,3 - - /u`7 /= 7 pct,, ifr /r�/ /_ /, ',/,, 'Ail:* , ,J, 11,.�. - 14 /t'c.k 19 a &6 4 3 (a, IA)k , ► Q--k cr y 22\ id4,, 14//11//i 19 .3 i1/\)< - 1//�l,( ',1 23. �/%e / ela,e( l l '` !y/,,, ,,,./ /,,,,/fit 1g I 24• � . G� �' C9,_i /� 3c,/sciS; cam/ ,Z- 25 L .y 11,t `ti` c.i r I �X //a�` „ 26.(---;( i.',/K. cLiJ_ 6?-C-- ., 4- -/ t fir r 2 / C._ 7-2-c) - �lJLf/(rti 4:l 28. .E JC/Z 1 -141.(L 0 go /(( �,� W4; 4 t..1 ■ \\,L)\-.)-- , ---.\-30- ---------. Oc._ -,\,\,, L - I i LA.... \\\4.5L..9..v._4 \. \ • MAR-1 91 ti 0012 AFFIDAVIT OF CIRCULATOR I,_ , being first sworn, deposes and says: I circulated or sisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X Subscribed and sworn before me this //,,r do of2„, , 19 S: Notary Public or other person authorized to take oaths --- title or notarial inform- ation .117tAYY 1tiiBLAC.kw the Sweyot Aeluntsa6 R+m+diug at BowAAea, Morww . 47.;, &63' CA•bu.i.aisa swim* Atigia4 '4'4/94 • MAR i g 1981 ,, 0044 "7' WARNING /` J\ A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years, or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in •erformin• his duties as Count Attorne for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1991, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of De.ut Count Attorne Cecil Wood•ate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND .MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE . Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO , a 43 AZ' ce 3. ,_'._ R,, ♦ ,c ._ ) ► : A • - • 4. ' ;:! .77 , Magni f,Zc 6. 8. ,;f i -I -,BAR 191921 0044 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT • • Name of Elector St. No. or P.O. Box No. 151!1 , - T 1 be 13.e>x sy �� ld21, 2. 4' ��s.. 1v5�., ,. / 7X 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. MAR 19 vei 0-044 AFFIDAVIT OF CIRCULATOR t-r'L I9 ' 1 � , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. Subscribed and sworn before me this ' 4 day of , 19 (11 . Notary Public or other person authorized to take oaths --- title or notarial inform- ation YUBLtC tnt Ow Sore et Mantar+k• ?.idiae et bookies, i oneMSuk 4-440:wwrr»41. a'w0e:1016 Amt "/9"-•,k/ • 4 J hr Vic"!._.. 11 / :._, a %;:--) MAR 191981 y tl �_\- A i L 0n � \` 0 WARNING ., A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding . the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981 . BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR k ST. NO. OR P.O.BOX NO 1. --r—_. — • 3. 4 AA./D-.4 - R/ s h. . IA -e/i4 4.( ,� krr..,a-e-QA..0 30,1-\0tc cw-0 Q.V., \ ,,4 5.4 ,L �S A A r , A-72-,--,6-1- ir/- 6. tt`6L-t'',-k &,,,Cd,6,&y, C u 1. L-. e to)l a- I 5o e" , \. 6 647 67,...L4-7-1-7-. - ,ide-k. 2 blii6.-z. hl--/. t • VAR 1 q 1981 0042 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 2. 3. • 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. MAR 19 $4:1 0042 AFFIDAVIT OF CIRCULATOR zL �� , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (x �. Subscribed and sworn before me this /7 day of / , 19 . )22 Notary_ Public or other person authorized to take oaths --- title or notarial inform- ation sty Commix iat► B pions Abodli i y 1 • MAR 1 9 1981 CA ;'t)s, - ,'* , .002` F' F"vest' s . - ✓;-d --- I WARNING `` . /. ° f ,Nv A person who knowingly signs a name other than his own to this $I 1 ,r,∎! petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P . McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29 , 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME/O—F ELECTOR ST. NO. OR P.O.BOX NO 2 1. „ a ter, �" iliV.v .:: 3� x Y l g, 3 2. 6),i4,(7,4%: e- I (>:,4-r' se. ;t s- G4_,,,,,,,, .„4.4 7 I 3:1474„lif CHA Fr- j?, ?c a yt A...ad:Yr...3 _ /� ,,i�ce / 4. ! i . -� ✓.� C ��1 � / _/.l id-'�� LJ6Gt��/fir' . ,e 7- 3 _ 5 a, y y r //) i //1 al °ic'_ ✓JS/ 3 A J-�� � ' 7 , � _ 6. -. i" l " -- , v 4 L c. 6- /c_ 7.,1,--/ c-lg 7 gu 7 7. 8. I9 iy,r2e, es 6t ii. fie.- ,66x 2%/S� &s,;t A- - .- -MAR 1 9 191 0021 . BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF : COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O.' Box No. 1. / tS6.--L .,/2 tie f , ' .cz. oe y .0 11Qc3 e th2 y& f i , , g. ,_, 4(..-771..',/,'-- - 4---- -- ..�/Li O%: 7E-f ✓J 2 c,Ld, , 7c,- cu.., 5- ft7girllial27 B ///91/F-C 2m)65.5_1_b_240.) 2C 6. \\I . 1 e_pc \,v�tp.,r' ibex g L 1-cu.i,(10,.i, 7- A 'J- Rol;ter P&i i i t r ,B 0.x g6 Bn(iI,4 11 L Q..,8 8. S u_. 1 X +d— , i7 H 1 Z A , ail. .51 7 13 c 0 i d e., I v r - 10 a. ,4 -�-„--- f7A�,,, e,,,,_ a x G,.3 u l4?,-- /77- 7 11 .g1- ', / 41. API* 4 3 12- ' -7_i(_,61-x),8, 2,:if ii I. A /3 ePilf il Ser-ta5 nt- 3 13. CE-141j 6'7'6- / t i e%I (2 C,1 7/ 7.1C ?? fcil YA' 12c,.,,;(1,--ailig, Z.' 15. . , • • • • 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. I MAR 1 9 ''o 03... AFFIDAVIT OF CIRCULATOR �- I , €(1z71_/ ��,..:.( �'� , being first sworn, deposes and says: I circulated or /- sted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) d/f. . , j C/� ' 1 Subscribed and sworn before me this /J da_ of . , , 19 J . ./, ,/..i7) Svc f' Notary Public or other person authorized to take oaths --- title or notarial inform- ation Raaianit at CMlt1L.a" 2.41Y-14..'4 , , ,. / My Comarieaiso Sweat Amoral * 1/' .. • r x f 1` '' ti MAR 1 g 1981 \lot. ft/ ��32•'_ y� � ✓:- • CIS WARNING A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of De•ut Count Attorne Cecil Wood•ate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF E LECTOR ST. NO. OR P.O.BOX NO/ 2"itifinAV r4 �/,c 1 I c X7 r�0�L 2-- 3. L -c .j. ci/ I I i,eet Ylej t I/4,)j1 lAn'a 'Yr) rl 0,-1-1 1 V 5• A . / _4 Lev Q 6 Or Air —1 al I I/ 7 7. 8. - 1AR 1 g t 1 0028 BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. 2. 3. • 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 . 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. MAR 1g MI R(�j AFFIDAVIT OF CIRCULATOR I, ``j (/ �.�� , being first sworn, deposes and says: I circulated assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) /�-- r �Z ' Subscribed and sworn before me this j7 day of , I9.,° h , Pdotar' Public or other person authorized to take oaths --- title or notarial inform- ation -- MAR 7 q 798 �•? • • ii LULA VF;.' 0040 J Uil le l a$!. _'? WARNING A person who knowingly signs a name other than his own to this `>!-; petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years, or both . RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of Januar and Februar , 1981; 2 Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 2. fiivt/6 fi P 13 o V3 . -(;') /c/ 4, _ ASe - 4. ((( 5. 6. 7. 8. lAR 1 9 1991 0030 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. 2. 3. • 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. • • .: . _ MAR / 91 0030 AFFIDAVIT OF CIRCULATOR I,& / , being first sworn, deposes and says: I circulated r assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) 771)://--,J_Subscribed and sworn before me this .„I day , 19 (% . -n _ L..) ��? w Notary Public or other person authorized to take oaths --- title or notarial inform- ation ..at,..for me ; „„. • ,Lig at Boafiat, iviur+arica 44,6101:%Adel bagais r Amara 2a, j',A cs / 3 J n MAR 1 g 1981 ,e-- :,r 1 WARNING co A person who knowingly signs a name other than his own to this �' ( AU..,ti J petition or who signs his name more than once upon a petition to recall --`--L' the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: 0) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981, in addition to other statements regarding the moral conduct of certain Jeferson County Residents made public to the media during the months of January and February, 1981 ; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO j 1* '.ti . W • ( .1 _.a d Ill 0 O/'.' . 2. r v.i .c..I-.ri MI= Atdr 4f 4. 5. IIIIIIMIIIN 6. 7. 8. O 0 8 ;BAR 1 9 1981 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O.' Box No. 1. 2. 3. 4. 5. ■ 6. 7. -■_ 8. 9. 10. 11. 12. 13. I. 11 . 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. • . /r V MAR I on'D8 AFFIDAVIT OF CIRCULATOR I, J 1,/t: / , being first sworn, deposes and says: I circulated .r assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. Subscribed and sworn before me this /, day of j,,„, , 19 . I '' (?„ Notary Public or other person authorized to take oaths --- title or notarial inform- ation num vc:a else Siam ,.■x.ty..• LRcaiding at Boakiar, tnootiota wY C•siaiisaiso bowing Aiwa* / 7/ ,',. � MAR 1 9 1981 FC j 000 3 �, v--_, WARNING 1 A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981, in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 2. � 4 , 3. • A 2,0-4 IMBSIIMMINIMMIT 4. c - y I - 5. oer' c734"Le ke) IMENIONME& :2. 7. a�— --_ f . Z✓tti C ( ) C L 2/&'L 4 ci ;;AAR 1 91981 0093 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS - PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT — Name of Elector St. No. or P.O. Box No. P-f:ft ) 11,7 t-3 llt-ift/el 2 f. h All ry 15,ie 1/ , 3, fa Fe/// e'OX 7/ (Y1 2 4. CSc: . 5.Qt • 1., LA-st. jz , ‘ '-"V (31 'clef l/3/e. /K c= Pei '7) /:..)/3 een 8. 44 ° y(,c. r ECM t9)T 11)>1�--1 75ek f Ci-tr Ht. 9' J v'✓ll u. 1 e ✓\ be s as 10. 'u p 3 k;y11i F a67,40-1 aJ 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. • • MAR 9 *41 AFFIDAVIT OF CIRCULATOR , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. Subscribed and sworn before me this j day of , 19 . (La, /27 > � Notary Public or other person authorized to take oaths --- title or notarial inform- ation ic k' nY at �• srAaON* • 1 t I MAR 1 9 1981 , ::, �:°� 1 ,. 1 Y I i / J _ i WARNING �,_ i,. cz 1,111 . . A person who knowingly signs a name other than his own to this / '1L petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both , or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during_ the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO r 1. . / = . kCn NL=C s u. »x 61,-7 4 AI A.ia C, � 1 t 2. ,ta ti /(, f. -ger I�-b`, G I �lui 4 e(6 ' ,- 31/0k— n-wo t' t r,� SfI/� i-> f 3,0)( r,6 _ -,Y/TEv�I .7-- i..., 4. /t) - 1K' 5 ' 4 1 , 4 "tc1._9 / .Se.')/L: -)GiVe//f;Z./3 kitAac( N/ / i .01-: re, ,,-wic-�. r j , J AI AV 'IleMIC L ' N---• & k_ou\l_ N.,) 8. 'MN' ..., . --,....7A V t... ).1 a " 1 --t:'0 1■01 ; 17°11 y- II 0011 �?h,AR i 9 t981 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. I/ 42rc..e 12.47.. _LJ ,9 ll= 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. ti 1 MAR 19 11 0011 AFFIDAVIT OF CIRCULATOR I , , being first sworn, deposes and says: I circulated ossisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X t Subscribed and sworn before me this day of „_, , 19 . Notary Public or other person authorized to take oaths --- title or notarial inform- ation A Y PUBLIC for •fe *wow of 3 onevii My Cairmakosies 8,.pfw. I►+wA.cxI /eI j • _ • • MAR 1 q 1981 N, �LEf'. prdr 0002 _ �� . ui @fl. WARNING �' � M '' r A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981 , and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the med;a during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981 . BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO ` 1. �,y� ' 1- ! = MadQ.v` - C0x I J, i h1'. I /,' Ale- 115 e 0 Z �3 3. A t 2kA. Lr )L144; e 4.7 AD,r lo%, 4. a ' '� j e i l 6�i!S k` 53, AOct- ,2/1 • 5. ( .�'/'Y�/�i C� �C'-1 iA/c' /3o A- 7 ,46 tit ) � k 6. t, 7ti ti, �ucektyL: R rSo A (C/ I;Sot�(dr 7=lS�:Y- ) ( .4,‹A6 / ✓// c 1 4c /6/ 2,c.r 8 42.-(Z 61,4.1 4, a�l S7--- 15c SSj 4f--<-12AA ,l . . - - 1. ;!1AR 1 91g81 000.? BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT • Name of Elector St. No. or P.O. Box No. 22L0.06 . - DawsolU 31;1./ , &4J t 7 3 ial,cif.y/. ! /! /!/r A a rt ..�►ii! .t .4 4G.:_14"i %7 4.1 'l�"�a./ / A o �.a • `M 5.11 ,. .A: ! - 1- 0 r r N ,00. 3 6. ,, _ _,�r�� Z.I.�/ ■.ice_ .. ! d`�' �J��, • f .r _ J 7. ! e.� I `. if- ,rte .5-d.. . ` ..4/21 . l 9. /tea ..te;Cli .i� c A.' 5t—;/e(C01-- cox .75-0e7 .,/ auti:4,41) 7 10-i : 'lKseN 45e tt -©y ,16-/de 7 11� 7y;• . �/,,'i�;�% itti.c�t-'/1:1: r / f 13. a h (4.‘ �'1,a),,, M t)L it r3 ti 6 3 i- '•'t l ,` .3 15MPPfl�. .,. • .> r ;� ,�i ` �►,_ 1 ' 16•f L /7. 17 . I.1Y` --- AL=f C i 773 l/Yi/P4 J(. .:,LEA 5'1 " ,7-`,5:-../c4:,, i%-.,,,,f.klir_,.. . .. .5:7- ic: /-4 }- 4-e yli 4c 6 69AN,4?,5- 4.4 18/ ' ! � �, / Yl /x,A c c=L). 1.1,)/el/,fi-,7: iccx,. ,-,, at 1/C 1)c-/C _ 19. ,:2,; .-, '_ A.--L.E_. ,y,.:.-i.,v . - #• t5<�v t/ ,- / 20.{• f. J,� r1/'d �7 C-- 17 / 0 . /, ~m-6_ L - 12 21. x.' 4- (20 p a y j✓v_k 5//e do 44/AA 22;r .._i‘„ i L,_ ,C-)i , , / /" i•• 7 34._ it r - ,rm /7 24✓ Lc),LlCSU DC w"l /30X277 V4 3 26... �,� � 27. /1 is _J. iiiiiitiminumm 1 0,.. . . 28. 4 (()i ) I e-1.-4- ZiO% l slar jZo-te 29. AA') - 1(7,2 ;r y.v '- +V`,I,i_.-' 6 b x 1D. , 0tih&'d' � h . I 30./T • . i _ I`1' , . • n 66. A' SoJlder . . . • • ` MAR l g1 00 AFFIDAVIT OF CIRCULATOR I, /> (e/� 4C�-�lCc. Sadzi lon, being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) 4JL'Git IG Ice C , 6 Subscribed and sworn before me this / day of 54,1,„( , 19.5'/ . Nota Public or other person authorized to take oaths --- title or notarial inform- ation *4..`1rARY PU1LZCfrr the ta_::a of *+do.nc�, ..v C,;:.niir'.' rvim. Aa-rta+H 23, /1'7 / • k I .. MAR q 1981 /I �UrJ re( ECJ 1 Y� WARNING r.r'\ Ali J , A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years, or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by Lire following facts : (1) His public statements in the television interview, as taped, on January 29, 1981 , and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981 . BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 1. .♦ -1/4 9 A. _ c c -Tr A i 2. 4/ A' .4. INEMIS ► A. ,i .V 3. .Baia. EMMEN A • Sir -AZ/ is / ,( t'`-) o I9 5. ` . e / t . - 13E; /5 - 6. ` . MONEME 71111nEURMI n e G Le re .. u( 1 • 'ti ?i1 R 1 91981 ()f;F " ' BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE . COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. „Let , o7 /sr S- rc). 2'...72" ice ‘;,:f /, r'`2:/''•5 ^ j3ox 9� _ 3• �' I c� 7,u ! /M i G(?_, R X &',6c).- ts JO, 0,4. l ire=� 5/Q//5. P/3 6. - 7 gce_te-i_./ Pk I l i vs , )144 47<, _f 8. 4 -a -e i 1- h E _lac 41/ 6r- i 9' /7274/ 64d24-1-c) • 10. , % 1L,„„Jl ,G , WA/j/P E /V y ✓ � 11: 41 ,/00.14/ i 5 /: 12.'4_414 4 C r ' .c. 7 2- F6:f &/'935 64244-&244/77:4144- 13 _/f), „ P. -1°Yx 14 a, /. .� livLOi ,l ,�,}�'�►, � � c•16 a, f f 4 '� l ct L3t ,P6, S'/ cu cj er /270l0' 17. kJ'- ICJ (A. / 4C &u./4A-)1(_L-- 18.4.1414_,t__,:a ./.524,,h' J L ' 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 1 MAR 1 9 0:. 00, AFFIDAVIT OF CIRCULATOR I, 1:71e-iielat-ei .44, T47,, , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) I4' G, e,4- n Subscribed and sworn before me this /6, day of , 19 _. ' ,.../VL /�` A V•/ 11? �� 4�d-ECC__r Notor Public or other person authorized to take oaths --- title or notarial inform- ation tao. for ttte y4'`:" d _ .— -`. V.-11;1-1C , Vet, /C HiY G"''wa'1»►*t4) . fir'. • • •; MART 9 1981 yL. �,1' ;��. R cevEr • ' 0005 �: JUN ., WARNING Bch . _,r `� � ; �� ' A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years, or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana , County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard Februar 27, 1981 , in addition to other statements regardins the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) A e and reli ious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES: I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 3./ "'' Y)-] E N o x /72 tar ` i4/rlrlDw e _ d3 o 6. to -/e._ 1 -- key Pox 7 7. 1(iA ?Ct-tt- O L /10 8. 4t-14)&1_ Slap /e5 ;U0/ 1 LIAR 19 Iggi 0095 • BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O.' Box No. 1. JAI /.. ii / :•.�. '1 .y __,rii_ ) r L 7 ‘2 #4 = ,�_Z T /° /, - #3. i� i LL , o e / 3 4 ,� X41,; Arc 6Y!/:77/ e> --' 5 C O A /u W „' ,-,t M H7-/- d/y � 5l.°� / 3 ,,--- ,a»(4Z_ ,e % : ' 17: 2 V.154--i 'sari ' C/7-,/ j2r ? 9>ery= fP 8. //- y 1 . ?: ,23 9. u U otwice. ,PC M_,Art IC u ( ' C., t 1.1/f. . /+ >e 1...) c >-c :i__ ,- c-L co��7 7 O2x. . Pi,„ � 13. , 4,/-2, ,' /0 10:j' /76 / , 66 J' 14. 07_ R.A.,:e (_,-A, f? D 27 p R /3- -V /-'? / 15 , . /14-/9 -- w- ,, 16. A i r" 2' - ,- Y/46(=d_ gox 3E 17. Qi . ' # 4 Jj ,C.)/ fl/Z•1 18..A. II, G�/ys /3)/ ii/‘ 7 r 19 y, : `�- . - .1 6-) c. , / '6 , z e 7 22 i Aff/ 1 //0 /-75) iqnX - - - ' 7 23. 24. 25. 26. 27. 28. 29. 30. L MAR lg .198j AFFIDAVIT OF CIRCULATOR I, d4, .:Z.,/, ,„ 1 being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) Subscribed and sworn before me this .. day of 1 ,“. , 19 .x% . Notary Public or other person authorized to take oaths --- title or notarial inform- ation h,, ARY ?UMW tot fSe Stem or 1:'g:ii c,g at "v>y Orx,:1'.isv:a Y a, E7l8 Artko.lot es, � �/ \46J-1 • t MAR i 9 1981 . . . 0021 WARNING i`• a :_ L� ` " ' A ,p -r on who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years, or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson , respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981 . BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 1. f2-6 -e--c/ 2. / S/ 4 7?e/Y - 45 6./ ���_. �tir 7. ' /11 2-1 r � , 7 l � / ,��N��yFe�y • _ ?BAR 19 1I 0021 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1 72Ziti-S, - 3 'A 61 ) 7/6-77- 2O 4. 6. 764.1 . j)I , & J/(-1'4 ,` 1 1� /2- 8`. � ; , 9. 10. :- 11. , : E< / EA/1 Ei 12./f O-rt -')Ov1 riCat.4,4 1c1 7C 13. Bryn // r; E v4/0 51,4.? 15. i. 'i as _ ♦ 4 -3 16 1Ir 446), /J /l;lcti^ /2A GU A,' c 17.'////Ccie[f -e461444._ . 4:-1,t; 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 1 ti 'BAR19 kfl 0021 AFFIDAVIT OF CIRCULATOR ,?f /1/ , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. X/—) (x) -4.Le, er-2.2.2e_i, Subscribed and sworn before me this /7 day , 19 K. Notary Public or other person authorized to take oaths --- title or notarial inform ation .. . CLERK & r. a - cz‘,„\' . T- ,�, `• ; MAR 1g1981 i� 7; jU,,' "1 t ; l .� G_ 0022 - �- l0-,„,, ;,. , rj WARNING ‹T`-(9MT\-, \ A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P . McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981 , and subsequently reported in the Montana Standard Februar 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 1. ill ad v� , !. ' !; 5/Z/Lfo o �, 3 - ,. 2. / - / /�o 10 :a . a „ 0-4 _ ,� ,Apiplimme.7 ' - - rilffilli■ ° P��.” i NM= si_Ai e . _.f.....2.: . , _. : ian. IL : "� Rog. c� - oN ' 2 �. ,. .. . ILA a �►.. , � �: � 8-/ /7 /1t-A'—'e----• Vet o /53 ,66,E/d`e f-- ,.3 E_ JAR 1 919a1 O22 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1•` VftN —E x1S3 JWh 2. A .14 c ��,(:�� n,d e N 6_ L a Efts c( gip . AY PV -� ass' Pi fru.-L/-.4,,c_t_, 711) o �d 7ov de,e 7 7 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. On LL. 23. 24• 25• 26. 27. 28. 29. 30. • MAR 19vai AFFIDAVIT OF CIRCULATOR I, being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (x) Subscribed and sworn before me this ///-. day of , 19 ai . Notar Public or.otperson authorized to ake oaths --- title or notarial inform- ation Residing at prier, % y Crn:.rnia•ieo Swim, Ate' ' • • • ... • i MAR 191981 ` is ;,0vder n co, `,� WARNING A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both , or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P . McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981 , and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981 . BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO G 1./et c'(, ,�k%c,0- 0 Le ���15 L'acx �3tt Sr , un, 12 D . 3 i, k'c /xx779 (efeA 4.-AP-d -271` 3 - .?‘-/ Sij 5- �� l 42. --)1/,l.r..� 6 '�.L )36 / `e-y?'4 7` - R. d MCO 7. k4iaA ...A, ' .�.��/� -L• A At :a/ • C lAR 1 g 1981 0023 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE ` COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT • Name of Elector St. No. or P.O. Box No. 1.f iii1C ' : -C ` u / t,.l�/�-LS i.3oX 3C/1-/ i5iti' j 2 _.__ /r-, I by i c kr pO 3 V 's , ti I D---. .'3./17".'e.' . a.9/' ? / .u. /17 -.R6-.PillA r 0X /31 4%67 ; 2, 4.7'I , +e' 7Ef N//f CRC sox Vo 3 3 Sot/ /a--- 5. ;2 P 42AA IIV i. w1,5 .Bvk3oz 16, 1h- I 6-elai' i -t- _ ,‹3011,4— zx_a tee. : :2_, /77 7. -. %d_vi' /1/e tom` Gig to -x 3cp.Z , /,>:,,1:; /z 8. .��.� ' I i �-; 'ems---{�. --,Y'y .S.,1 7 j 7,-1 12. 11. 4t_g_z„, /P. -Li' io,,k t s i3G }l:1 3 J4S /L, ) 12 �, �Ag. /4G#Z/s ue :3- f 13. ,";i•ct/( G 17701C/ 1 e GI f h o ld 6 ox 1,95--- J'- dec-S/.car /2 14 . Ke'"- 'he:Vi L,AOe 0, aixiC 72# ,,, 1 . _. 15. _y r z y.;e p i a-6 e 3 v).i t d • • ,f-))/F/-9 g i /y g A t tix 9',, Q ,(3,5/ /ti' / - 1 6 1 d -. nkli fft H0A-4..g,a ,/9f-75 mi. / 17,7)),2,,i_L_;',ii,a ,i.-.2ed, it,..„.2.7,-/ 4„,, ,,x-ek.---/-4-,b--„_„_:,,, / ..__ •19. j !ate ;L, 16. r 4 _ 1197 ?I-4c,— /Z- fr L 1 20:)p&q.21.727c,----t-i }-,zdza-f--1 L? 1 e � i 16. 4-/ '/ ; .y 4_a.;e J 2 2 i ea, .ms s'?-�•' ...-- ti--- C'/o'?C//fr` G -e,, //•C 23. 24. 25. 26. 27. 28. 29. 30. z 1' MAR 19 193j 00z3 A AFFIDAVIT OF CIRCULATOR I, /---..,-.01e/c? ja7 , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. /7 • - (X) jj Subscribed and sworn before me this Lo day of .42,4t..2._ , No ary Public or4 other person authorized to take oaths --- title or notarial inform- ation Rauieliitg at L'41.2:41.2z, Mr Cosimisaieo Aa4* alkas • 7 . , .. , . ,� �_._. : MAR 9 1981 1 / t' ' Co, WARNING �'- )eii MT. A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : C1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981, in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media durin' the months of Januar and Februar , 1981; 2 A•e and reli .ious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 31S/A/ , 1. t(91bne___Se/WZ22t-C' Q V � kUJO ( L.4 u(Lt i -‹ 2. _ J IB. C- yew ;, / 2_ _ 1 3. .//' ■ .r' .d - At I` 447 q' 1/ /' 4. /1/14,71/ e0 OILS 66. ? 10 - 80CIi-De . 1 Z 5..7 ..e. , e - 4r4 R 15 ., x.99 5/A") ' - / :-)-- 6. ---76 -C / di t l_/ c12_ 77c C,*, ;/"C': '(?")'‘1 1113/,'i /2..-- 7. ..ce r �hc,- --1 ` -)h c. ;- 'i--0 J�`� a-., -,- I c)---.„ (1,,ti W`CL• b, C) i 6 9AR 1 91981 00Z5 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name sof Elector St. No. or P.O. Box No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 15. • 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. . MAR 1g MI AFFIDAVIT OF CIRCULATOR 1ipLTZ� , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) � Subscribed and sworn before me this day of , 19 Notary Public or other person authorized to take oaths --- title or notarial inform- ation • • • • { . . MAR 191981 �' 031 6 JU., it ",..: :"4.44:4_ I- •\ i;cJrify C;r'kc !C.)! WARNING — & Recorder , Jefferson r.� � PJIT. 2 tl i ..,, A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson , respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts : (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO a 1. _ X 2• 4'c"ll•C 7-7— ina e/ /e / 6 ( Va.,,--zr J () • )f . ,\../-P,.74–c.../!--/QR ,,zilia..(,/ 8"4, --2 ..),z_cyy., 61 ,e.„6„....„..,,clozpo_ , \i,\ • (7 1 ,, .i i. L td j \vu Lr C g/,;,,( V 8. )1.,_/1/./v; , ! ' .1 Z V ►- iAR l 491gal 0031 BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. X\ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. • • AR9i ` J3� AFFIDAVIT OF CIRCULATOR -142-Zeg „.,— , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. X) �L� �z� Subscribed and sworn before me this le, day of pi€ , 19 ail . Notary Public or other person authorized to take oaths --- title or notarial inform- ation • • • 1�,•, _- MAR 191981 i ;LC_Ei Cu! - c Ju,. _., i 1 . `.: . ;`�/ 0036 & R or .ir' -� ' ,/, Jeff r-^-1 Co, ,� WARNING 91 i� A per on who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both , or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana, County of Jefferson, respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Deputy County Attorney Cecil Woodgate as discussed in a public meeting with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF: COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO t 1. , :e._ . ' i I\/.�j 4 ! ,�du ea�.i 2. AO' # i < � ; �� j , /dJ___ 3 J � � LCL/LTT /) , 3/ 7 -/ (X:,:_ 4.4,16.1* pc /-io_ N ! ,4 m _/5`•s 4,-,44,/•• 6. �� ` ��. ^� C,rH nz Jx ) r 0 7. \ 8. 0036 - - , AR 7 91g91 • BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF : COMPLETE SIGNATURE Printed LAST Address PRECINCT Name of Elector St. No. or P.O. Box No. 1. 2. 3. • 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. ---_ • r i 4' • MAR 1 g 11 0036 a AFFIDAVIT OF CIRCULATOR . I, :0.4!!lcx,..- // - cz-1 ,i• being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) 1141: 6(/--d4 _ ‘7,-) 1.--,Fle,a,,,- Subscribed and sworn before me this / day of , 19 0 . / A (7 No Public or other person authorized to take oaths --- title or notarial inform- ation ,• . a`V -._..... Yt:!' s)° .. _. -.. of MonrawN Rsud;ny at Ekxubdsr, C.;ioo=-.0 la'-.00. Cr missies, Baying At , /r5.-1,671 1 MAR 1 9 1981 R ECE(VEI ct,'r JU' 17 _1 OGZ •• ,. .. 9 n4Co, /N WARNING '9I A person who knowingly signs a name other than his own to this petition or who signs his name more than once upon a petition to recall the same officer at one election or who is not, at the time he signs this petition, a qualified elector of the state of Montana entitled to vote for the successor of the elected officer to be recalled or the successor or successors of the officer or officers who have the authority to appoint a person to the position held by the appointed officer to be recalled is punishable by a fine of no more than $500 or imprisonment in the county jail for a term not to exceed 6 months , or both, or imprisonment in the state prison for a term not to exceed 10 years , or both. RECALL PETITION To the Honorable Joanne P. McFarlane, Election Administrator of the County of Jefferson, State of Montana: We, the undersigned qualified electors of the State of Montana , County of Jefferson , respectfully petition that an election be held as provided by law on the question of whether Patrick F. Flaherty, holding the office of County Attorney, should be recalled for the following reasons : Incompetence: failure to abide by the Code of Ethics for attorneys ; loss of objectivity in performing his duties as County Attorney for Jefferson County by allowing personal beliefs to interfere with the application of justice as supported by the following facts: (1) His public statements in the television interview, as taped, on January 29, 1981, and subsequently reported in the Montana Standard February 27, 1981 , in addition to other statements regarding the moral conduct of certain Jefferson County Residents made public to the media during the months of January and February, 1981; (2) Age and religious discrimination in the dismissal of Desut Count Attorne Cecil Woodiate as discussed in a public meetin g with the County Commissioners on March 16, 1981. BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON : AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF : COMPLETE SIGNATURE Printed LAST Address PRECINCT NAME OF ELECTOR ST. NO. OR P.O.BOX NO 1• � �_ L . ,iC�jlfc /� l L Zr7 - 7 L-/cP6 �C1i 11_ caz 2./'l -5//-373i_ - d z'n I z9 /71-3;:y. -4-01 /2.124,4- 4-14c,r Zev -r*P (1.7frf.,‘. t , y 7 .L2zi. -1 /V/'/;/e [we's) AA-AV14 8 ,a.-.114S42-P7 /911/41/01CS POO t I, ._ �. MR 1 91981 0039 , - BY HIS SIGNATURE EACH SIGNER CERTIFIES : I HAVE PERSONALLY SIGNED THIS • PETITION: I AM A QUALIFIED ELECTOR OF THE STATE OF MONTANA AND THE COUNTY OF JEFFERSON: AND MY RESIDENCE AND POST-OFFICE ADDRESS ARE CORRECTLY WRITTEN AFTER MY NAME TO THE BEST OF MY KNOWLEDGE AND BELIEF : COMPLETE SIGNATURE Printed LAST Address PRECINCT • Name of Elector St. No. or P.O. Box No. 1- /1//14 iadetf q u.S(2,C.f I Box l oLt-. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15 . • 16. 17. ` 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 0039 p MAR /93i AFFIDAVIT OF CIRCULATOR I , y_/ f`,. ,,66,6, , being first sworn, deposes and says: I circulated or assisted in circulating the petition to which this affidavit is attached, and I believe the signatures thereon are genuine, are the signatures of the persons whose names they purport to be, and that the signers knew the contents of the petition before signing the same. (X) Subscribed and sworn before me this /l day of , 19'/ Notary Public or other person authorized to take oaths --- title or notarial inform- ation fi3'P,i1' n{ `Ti f }': ra�o sf 1ri€ . et Eou',3.e_, !v ^ttnci& /9 / • • • Jardine, McCarthy & Grauman Attorneys at Law — 12 North Main Street John H.Jardine WHITEHALL, MONTANA 59759 Box 488 Jock McCarthy April 20, 19 81 Telephone 406-287-3832 David A. Grauman County Commissioners Jefferson County Boulder, Montana 59632 Gentlemen: You have on several recent occasions consulted us concerning alleged misconduct on the part of your County Attorney, Patrick F. Flaherty. In particular, we have been advised that he withheld the the filing of charges against George DeMers who was investigated and, according to the Sheriff ' s reports, probable cause existed for charging him in Youth Court with the commission of a felony. If the charges can be sustained and proved in Court, it would seem that Mr. Flaherty would be guilty of obstructing justice and, therefore, of Official Misconduct. In accordance with your request, we have prepared an affidavit for your signatures in support of a Motion For Leave To File Information. We have likewise prepared the Motion which will be presented to the Court. If this meets with your approval, we will have you sign the affidavit and present it to the District Judge for his consideration. We remind you that the District Judge may not see fit to allow the filing of the information. There is a hiatus as to the filing of this without presentation by the County Attorney, but quite ob- viously, no County Attorney can be asked to file charges against himself. On the grounds that justice cannot be served without the type of action, which certainly has some logical appeal, we hope to convince Judge Blair, or any other District Judge that may sit on the case , that the Leave to File should be granted. The Judge may also consider the immediate suspension of the County Attorney. We are not without reservations about this type of action. It is unique and without precedent to our knowledge. There could be some civil liability against you for damages by Mr. Flaherty if he escapes conviction of the charge. While we do not readily perceive such a result, we caution you of the possibility so you may govern yourselves accordingly. We shall do everything within our power to ably represent you, but we want to reiterate the possible exposure for civil damages in this particular case. Ve y tr 1 •ours J. N H. JA'o i JHJ/sjb • 1 IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF JEFFERSON 2 3 STATE OF MONTANA, ) No. _ 4 Plaintiff , ) 5 vs. ) ) 6 PATRICK F. FLAHERTY, ) 7 Defendant . ) 8 9 AFFIDAVIT IN SUPPORT OF MOTION FOR LEAVE TO FILE INFORMATION I0 11 STATE OF MONTANA ) . ss . 12 County of Jefferson ) 13 WE , Glen A. Stevens , Delbert Bullock and J. L. Sodorff , each 14 being duly sworn, do depose and state that each of us is a duly 15 elected, qualified and acting County Commissioner of Jefferson County , 16 Montana. 17 I• 18 That in the course of the performance of our duties as County 19 Commissioners for Jefferson County, Montana, we have had discussions 20 and interviews with the Jefferson County Attorney, Patrick F. Z1 Flaherty, and Harold DeMers, Sheriff of Jefferson County, Montana, 22 other county officials and agents, and other persons ; 23 II . 24 That during the month of November, 1980 , Harold DeMers, Sheriff 25 of said Jefferson County, Montana, learned that one George DeMers 26 had allegedly committed the crime of criminal mischief, a felony 27 as specified in Section 45-6-101 MCA, 1979 , on or about November 2 , 28 1980 in the town of Basin, Jefferson County, Montana; That Sheriff 29 DeMers caused an investigation to be made and from the results 30 thereof, determined that there was probable cause to file a petition 31 against George DeMers in the Yourth Court of the Fifth Judicial 32 District of the State of Montana, in and for the County of Jefferson; STATE •UALIN4{MO CO. M(YMA.MOM". 1 -1- 1 That Sheriff DeMers further advised the Commissioners that he was 2 informed of the alleged criminal activities of George DeMers in 3 early November of 1980 but had assigned his staff to investigate 4 the matter and to furnish their findings to Patrick F. Flaherty, 5 the Jefferson County Attorney, without any interference or suggestions 6 by Sheriff DeMers; That said investigative report and statements 7 of witnesses and other evidence was delivered to Patrick F. Flaherty S for probable criminal action; 9 III . 10 That Harold DeMers further stated to the Commissioners he 11 had been advised on or about March 23, 1981 by Dennis DeMers and 12 Sharon DeMers, parents of George DeMers, that they had been contacted 13 by Patrick Flaherty earlier concerning the pending criminal charges 14 against George Defers . 15 Iv. 16 The Commissioners are further informed and believe that prior 17 to November, 1980 and to date, Patrick Flaherty had been and now 18 is representing Dennis DeMers and Sharon DeMers in a civil action 19 involving title to certain mining claims owned by them. 20 That during this time , while representing the DeMers in this 21 civil action, Dennis DeMers called Patrick Flaherty regarding the 22 status of the action, and Flaherty informed DeMers that there was 23 a criminal matter pending against their son, George DeMers , in his 24 office and he would like to discuss the matter with them; 25 v. 26 That at Flaherty' s request, Dennis DeMers did go to Flaherty ' s 27 office during the month of March, 1981 and was informed of the 28 investigation against George DeMers . Flaherty presented to Dennis 29 DeMers the investigative file and all reports of the Jefferson 30 County Sheriff ' s Office regarding the alleged criminal activity 3) of George DeMers and allowed Dennis and Sharon DeMers to review 32 the entire file; That at this meeting between Flaherty and the •V•LIONING CO. M[L{NL.MOMT. -2- DeMers, Flaherty inquired of George DeMers present location and 2 activities . He further informed the DeMers on or before March 25 , 3 1981 that he was receiving pressure from Allan Jones, Adult Parole 4 and Probation Officer for Jefferson County, Montana, to initiate 5 criminal proceedings against George DeMers, but that he would not 6 file Petition in the Youth Court or in the alternative, he would 7 withhold filing the said charges against George DeMers if he would 8 enter the military or would leave the State of Montana; That 9 subsequently, he was informed by the DeMers that their son, George, 10 could not pass the military entrance exam, but that he would be II sent out of state for employment as suggested by Flaherty. 12 VI . 13 That on or about March 28 , 1981, as advised by Flaherty, 14 Dennis and Sharon DeMers did receive a letter from Allan Jones 15 regarding the status of their son, and they informed Flaherty 16 of their receipt of the letter on March 29 , 1981; 17 VII . 18 That on or about March 25 , 1981 , Patrick Flaherty did file 19 with the Youth Court of the Fifth Judicial District , a Petition 20 charging George DeMers with the commission of the crime of Criminal 21 Mischief, a felony as specified in Section 45-6-101 MCA, 1979 . 22 WHEREFORE , that to the best of their knowledge , information 23 and belief , each of the undersigned as a Jefferson County Commissioner, 24 alleges that this case is the proper case for the filing of an Informa- 25 tion against the Jefferson County Attorney, Patrick F. Flaherty, 26 for Official Misconduct, a misdemeanor , pursuant to Section 45-7-401 27 (1) (a) (b) (c) , MCA, 1979 , for his purposely or negligently failing 28 to perform any mandatory duty as required by law, and knowlingly 29 performing an act in his official capacity which he knows is for- 30 bidden by law, and with the purpose to obtain advantage for himself 31 and another; to-wit , George DeMers ; 32 /// /// •TATI •U•LISNINO CO. WELCH&.MOST -3- And that there is no Deputy County Attorney in and for Jefferson 2 County, Montana, to bring the Information before the District Court 3 and that for justice to be served, the Affiants ask the Court to 4 allow the Information to be filed by John H. Jardine , of the firm 5 of Jardine, McCarthy and Grauman, Attorneys at Law, Whitehall , 6 Montana, special counsel , retained by the Jefferson County Commis- , /- 7 sinners . 8 DATED this day of April, 1981. 9 10 11 12 13 14 SUBSCRIBED AND SWORN TO BEFORE Me this day of April, 198 15 16 Clerk of District Court. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STAYS Pu.U.MI NG CO -4- M[L[N•.MOM From the office ,�f ri �H1crt, 1 PERSON COUNTY ATTORNEY 406/225-4211 Boulder, Montana 59632 January 19 , 1981 MEMORANDUM : TO : Jefferson County Commissioners FROM : Patrick F . Flaherty , Jefferson County Attorney RE : Quality of investigative work at the Jefferson County Sheriff ' s Office' Dear Commissioners : The quality of investigative work and lack of cooperation at the Jefferson County Sheriff ' s Office is giving to their duly constituted County Attorney makes it necessary for me to write this unpleasant letter . If you will refer to the enclosures you will see a December 17th , 1980 statement given to this officer by Nels Sanddal . Upon receiving the complaint from Nels Sanddal I asked the Jefferson County Sheriff ' s Office in a phone call to investigate the charges of Criminal Mischief and make a report back to this office. I do not regard lightly the destruction of property by any citizens in this county and especially the shooting of dogs . Under the law the killing of dogs is allowed if the dogs are endangering livestock . The crucial element to be determined by the investigators is whether or not the dogs were actually endangering the livestock of the Defendant . After requesting the investigation on or about December 17th , 1980 I had received no report back from the Sheriff ' s Office . On January 12th , 1981 I wrote a memorandum to the Sheriff ' s Office asking what had happened with the report . I received on January 15th , 1981 a statement by Forest Shewmaker and a statement by Spike Towhy. The investigative report does not address the crucial element of endangering livestock in a criminal mischief investigation , nor has the investigative agency interviewed all of the witnesses nor has said investigation been conducted in a timely fashion . MEMORANDUM : Page 2 January 19 , 1981 A vandalism incident occurred approximately two (2 ) months ago in the Town of Basin in which $2 , 000. 00 worth of damage was done to some Montana Power electric lines . It took the Sheriff ' s approximately two ( 2 ) months to bring a report to this office of the results of their investigation . The investigation consisted of an interview with perhaps four (4 ) witnesses . On January 8th , 1981 I turned a complaint of a statutory rape investigation over to the Jefferson County Sheriff ' s Office . The information I turned over to them included voluntary statements by two 14 year old victims and their diary . I also gave the names of three ( 3 ) witnesses who needed to be inter- viewed to complete the investigation . Sheriff DeMers told me that the investigation would be completed within one ( 1 ) day and this statement was given to me on January 14th , 1981 . I talked to Sheriff DeMers again on January 16th , 1981 and he told me it would take 2 or 3 days to complete the investigation and he denied having made the statement of January 14th , 1981 . I telephoned the Attorney General ' s Office and they told me that Harold DeMers and his Deputy Sheriff Will Spainhower (whose son is the subject of the investigation ) had been to the Attorney General to see if they could thwart the investigation by having myself investigated for attempting to prosecute a statutory rapist . In the meantime one of the complaining witnesses has been subjected to severe emotional strain to the point where she even wishes to withdraw her statements and not proceed with the pressing of charges . I respectfully request that the County Commissioners exercise their supervisory powers to insure that the Jefferson County Sheriff ' s Department complies with the requirements of the law, provides services as they are required to by the law and refrain from obstructing justice and interferring with the due process of law. Sincerely , 7'{:CL, PATRICK F . FLAHERTY PFF : kah cc : Harold DeMers Mike Greely , Attorney General Fritz Behr , Attorney General ' s Office COMMISSIONERS: JEFFERSON COUNTY JOANNE P. McFARLANE County Clerk and Recorder Vicent M.Capp,Chairman.Whitehall lesTie J.IoM.Clancy CLERK and RECORDER CARLA MATLACK Delbert M. Bullock,Basin Deputy Boulder, Montana 59632 JANUARY 28, 1981 PATRICK F . FLAHERTY COUNTY ATTORNEY BOULDER, MONTANA 59632 DEAR PAT: WE, THE BOARD OF COUNTY COMMISSIONERS ARE ADVISING YOU, PATRICK F . FLAHERTY, COUNTY ATTORNEY THAT WE WILL NOT AUTHORIZE HIRING OF ANY ADDITIONAL PERSONAL FOR THE PURPOSE OF A SPECIAL INVESTATING COUNSEL WITHOUT PRIOR PERMISSION OF THE BOARD OF COUNTY COMMISSIONERS . WE ARE CITING FROM MONTANA CODE ANNOTATED 1979 - SECTION 7-4-2703 LIMITATION OF NUMBER OF DEPUTIES AND SECTION 7-4-2705 EMPLOYMENT OF SPECIAL COUNSEL IN CERTIAN COUNTIES . YOURS TRULY; ESLIE J: SODORFF, C `rRMAN BOARD OF COUNTY COMMISSIONERS COMM - . IONER :7./7 COMMISSIONER LJS/JJ COMMISSIONERS: JEFFERSON COUNTY JOANNE P. McFARLANE Vicent M.Capp,Chairman.Whitehall County Clerk and Recorder Leslie'J.Snaortl.Clancy CLERK and RECORDER CARLA MATLACK Delbert M.Bullock.Basin Deputy Boulder, Montana 59632 JANUARY 28, 1981 PATRICK F . FLAHERTY COUNTY ATTORNEY BOULDER, MONTANA 59632 DEAR PAT: WE, THE BOARD OF COUNTY COMMISSIONERS ARE ADVISING YOU, PATRICK F . FLAHERTY, COUNTY ATTORNEY THAT WE WILL NOT AUTHORIZE HIRING OF ANY ADDITIONAL PERSONAL FOR THE PURPOSE OF A SPECIAL INVESTATING COUNSEL WITHOUT PRIOR PERMISSION OF THE BOARD OF COUNTY COMMISSIONERS . WE ARE CITING FROM MONTANA CODE ANNOTATED 1979 - SECTION 7-4-2703 LIMITATION OF NUMBER OF DEPUTIES AND SECTION 7-4-2705 EMPLOYMENT OF SPECIAL COUNSEL IN CERTIAN COUNTIES . YOURS TRULY; - ESLIE SODORFF, C RMAN BOARD OF COUNTY COMMISSIONERS ._ COMM :IONER / p COMMISSIONER LJS/JJ w 1. _ r- Y= JEFFERSON COUNT CLERK RECORDER '' :Boulder, /� [ JOANNE P. McFARLANE t L #rtKa :Boulder Montana 59632 County Clerk and Recorder I. +: -k? CARLA MATLACK IrPit ri ?" «r«r�rp s : May 6, 1981 Deputy = i fz` COMMISSIONERS: ." ' Leslie J. Sodorff,Chairman, Clancy'_ '' '�}pY Delbert M. Bullock, Basin !'{.,, 1 -1 ~" Glen A. Stevens, Whitehall Mr. Patrick Flaherty Boulder, Montana 59632 Dear Pat: In regard to your recent billing for legal defense on your behalf, (Gregory A. Jackson) in defense of contempt of court charges, the Board of County Commissioners will not honor this claim due to the opinion issued to the Chairman of the Lewis and Clark County Commission in the same type of text by the Attorney General . The Board is of the opinion the same as the one mentioned in paragraph three of the opinion (copy enclosed) . The Board also wishes to take this opportunity to draw your attention to monies owed the Jefferson County Sheriff's Office (copy enclosed) and the fees owed by you to the Clerk of the District Court (copy enclosed) . Also, 1 there is still an amount of $36 .70 due to the county for personal calls made by yourself while in office and for which calls you have not reimbursed Jefferson County. We are enclosing your salary check from the county for the 20 days in April and also your mileage check. Sincerely, Board • County Commissioners Jeff: sib,. Cou y', u: -: ana BY / "7 -e--vO -len A tevvns, Commissioners Enc: 6 GAS/jm • o . 000000 : 6o 5oo . 00a000 + �d 50 . Ooo1joa - '41100 . 000000 - 1744146 . 20UODU - T20 75 . 000000 - e' ?492 . 100'000 -- owigo - 3b . 700000- 4 Sao„4( 70 . 340000 + 107 . 040000 x I 'January 20, 1981 . Patrick Flaherty Attorney at Law Boulder, MT 59632 E Dear Mr. Flaherty: A review of the records for Civil Service by the Jefferson County Sheriff Department shows that the following items are still owing: Jefferson County • Date of Return Case Fee 1159 Feb. 19, 1979 Manley vs Manley $2.00 1162 Feb. 19, 1979 Mork vs MO:alley 2.69 1200 April 12, 1979 Linnell Herchey 5.06 1213 April 26, 1979 Kosola vx Thompson 2.00 1283 Oct. 12, 1979 Tri Valley Federal Credit Union vs Prusley 12.24 '` 1285 October 10, 1979 Bullock vs Clayton 8.50 1378 Oct. 26, 1979 Remmick vs Gwynn 2.00 i' ' 1568 April 22, 1980 &i1 ays Thrift vs 2.00 1610 May 30, 1980 Flaherty vs LeRoux 2.00 I 1613 May 30, 1980 Flaherty vs Wilson 2.00 1614 June 2, 1980 Flaherty vs Sakkinen 3.85 1618 June 3, 1980 Flaherty vs Manley 4.00 . z , 1620 May 30, 1980 Vossler vs Stringer & Butler 4.00 1625 May 30, 1980 Kosola vs Capp 4.00 1633 June 10, 1980 Shorten vs Stringer & Butler 4.00 1691 July 24, 1980 Daniels vs Stringer & Butler 4.00 1751 Sept 26, 1980 Vossler vs Howey 2.00 1752 Sept 24, 1980 Flaherty vs Shewmaker 2.00 1753 Sept 24, 1980 Flaherty vs Campbell 2.00 Total $70.34 If your records do not agree, please contact this office. r i. Sincerely, iiSally H. Buckles � Deputy Sheriff Civil Department k IDDRESS (Complete only if different than shown above) I r ,;., , • , i .. , , 026/Lc- „6„,..y.„..D ' a t, (3734/ 7/4,. a� .- A -30 .5c ` X77 g 1; ,jc ,�c� b 6 3 3d i1' - ' --- - --- - --- -__ - --- -- - --_ i L. 1 II It _ _ ii! - ---------- — Ia- ,; . ,I ;,1 1 KEY ACCOUNT AMOUNT `>ow. hill must be itemized on this form. 101 Refund-Tax Roll `"lc sure to shoN date or elates of purchases. 102 Refund-Other Claim No. Male separate claims for items to be paid Ile.,:: u itierent rundo. FUND EXPENSE Warrant No. � 201 Co. Commissioners. . . . JEFFERSC ,x COUNTY, DR 202 Clerk & Recorder 203 Treasurer Name TO o y_..,A„__..Jack.soz� 205 State Examiner 207 Surveyor Address DATE or DATES -.. 208 District Court of Purchases or ADDRESS....S.u7 to 3D, Arcade Building AMOUNT 209 Sheriff For Services Rendered ...Heie.na.-,.-._NT 5 96 01 $ Filed - 210 Attorney 211 Justice Courts T have carefully examined • — - • '. - - on ount Attorne l' 212 Coroner thie within account and refer 213 County Building the same to the Board of relatin• to contem•t of court char•es `� 2131 Co. Building Grds 214 Elections County Commissioners Commissioners. . . . I l 1 320 00 2141/2- Air Port Alproved for $ -1 e •enses 1 30 • 2 10 • 2 24 44 50 215 Care of Insane 216 Board of Health Disapproved $ Lon•-distance tele•hone calls 25 00 218 Highway _"_ 219 Bridges - 221 Shop County Clerk & Recorder - -- 2 00 224 Office Expenses Allowed on general Fund -- $ 225 General Relief _ 226 Medical & HospitalAllowed on Road Fund $ 228 Co. Physician 233 Burial & AmbulanceAllowed on Poor Fund $ iffier:, , " ' Allowed on Bridge Fund --- $ 235 Care of Prisoners.. . . 0111111WAilik 236 Superintendent 0 Allowed on Fund $ — 2 240 Publ 0 Public AdministratorS]'ate 241 Solid Waste 242 Industrial Accident. , Chairman 243 Unemployment Comp The undersigned says: That Amount of Bill 1 392 50 244 Gopher 245 Predatory Animal 1 he is Federal Tax 246 Weed Control For value received I hereby the claimant mentioned herein 247 Burial of Soldiersassign my ri*;ht, title and and states the above amount Social Security 249 Co. Exten. Office. . .. interest in this claim, is correct, just, and due. Retirement 250 County Agent • amounting to Insurance 253 Planning Board $ Amount Disapproved 254 Social Security-CP 255 Retirement-CP SIGN HERE. . . ' ��-4 . . . �Amount Approved _ 256 Health Insurance-CPto _ -- - - - 257 Misc 258 Civil Defense of ALL BILLS MUST.:13E FILED ON OR B ORE TILE 26TH OF EACH MONTH, OR PAYMENT 260 Insurance . MAY BE DEFERRED UNTIL THE FOLLOWING MONTH. THESE BLANKS WILL BE 263 Junk Vehicle Signed FURNISHED.43Y THE COUNTY AUDITOR. 499 Mosquito Control Mail All (.brim Tn r'fiiw''V ('TJ RK X, RECORDER_ Box 11 '1 . ilmilisiPr Mnntmmm OUTLAY„ Witness . • - • . ... v.41.31,-•.:.0,,,:q.„..575..4.;,,„ -.....:....,.., „.:7::::4„;-__,..1• 7•2:.?:....;,,„,..... r•,;,....:,•..„,.....;,...,. ./...•„.f....„,.,,,;.. -1.....: ,..,„„;,„•„,.,.:„,.- .,,-..,..!-.:•••,),.....--. : ,. .,. „4„.._„._.•,,,.:.,;::,,.,...,:„...„,„„„.:‘,„v„.„,...„:„.„,• ,„...........„,.,) h . .;. ..,..,:„.,,-..,.., ...:, _ ., .,.:.:::.„:,,.:"-'7.7''',.'-',',;:,: .:1,-.,E,--,..,..'Al.. &,:::,-Aii,-,-.,-:. ...:.:•, .- • : • - - :..;' :: . -.. •: ": ' ' .,,,-,::,. . :,- -..--' .' .''=...--- ' ;.;'.1 ':-,E';',7..:-•-,, ... ''''''.,...-',..'''.:.; :;,''..•;:.1..7". ...::'''' r•:',47;.: -:2 '7'.-::.:'';:''! - FLAHERTY,• ..Patrik F. - ,-• -. .,. . ..:-.:, .• . _ .- • . 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'Z3 „ 10.-1/\.`r -fy C j■_,..-_,`' .C.--- ." .e-C 0.....c_.:,---k-v •e. -0.0,e-le`'`'f>`•- / /1 C. ., 4 . . • '''.:.:N ■ . . , . it ii2 I • i - 0 i''(-ThV --. 1:. ..1 " ''i-t k --24. ,A Pc.w cam_ ,, •i i ; — -�■1A"... r- i r ((-- !j n . ' .2 ,-.-D __ V-- t.60,..e....4-, f z U ,�/ 1 C �G�f`�cam;� ` ems" (-o r , ,,,,_.9-„ ,.'t` ///1": ' f' ��2i�X v -cv,e.,.v v- trk Ccs�c's r.� , cc 1ci , n l_/(11 # • • J ck sini & c d1cg (nonxnsrlur5 at a u (406!443-2140 Suite 3D Arcade Bldg. Gregory A.Jackson XcNH}j Douglas B.Kelley Helena,MT 59601 15 April 1981 Mr. Patrick F. Flaherty Jefferson County Attorney • Boulder, MT 59632 Dear Pat: Please find enclosed a copy of an informal Attorney General ' s opinion that has recently come to my attention, that may have a bearing on the claim that was submitted to the County for payment of my attorney fees. The logic in the letter is not the greatest in the world, and I think that the opinion is distinguishable from Graveley ' s, in that his contempt finding was upheld by the Supreme Court. It is interesting to note, however, in Graveley ' s situation, that Graveley was paid his attorney fees or, at least, a portion of them by the County but was denied the transcript cost, based upon this letter. I feel it is distinguishable but also feel that you should be aware of it, as it may later come to the surface, in regard to the claim form. I have just recently received my 1980 tax liability statement from my accountant and could certainly use the moneys owing to me for your defense. I would appreciate anything you could do to expedite the payment of those moneys. Thank you. Sincerely, Gregory,;A. flack on J GAJ/slb' l /inch 18 February 1980 Bob Decker, Chairman Board of County Commissioners City-County Building Helena, Montana 59601 Dear Mr. Decker: You have requested my opinion whether Lewis and Clark County is obligated to pay for the appeal transcript of contempt proceedings against the county attorney. The contempt charge was based on the county attorney' s alleged dis- obedience of a court order regarding a criminal case he was prosecuting. The lawyer representing the county attorney has now presented a claim to the county for certain expenses incurred in seeking Supreme Court review of the contempt proceedings. Section 7-6-2426 of the Montana Code Annotated enumerates the expenditures that may legally be charged against a county. Subsection (2 ) of that statute provides that a county must pay "all expenses necessarily incurred by [a county attorney] in criminal cases arising within the county. " The first question presented by your inquiry is whether the cost of the appeal transcript of the contempt proceeding against the county attorney falls within the ambit of subsection (2 ) . $ It is my opinion that none of the expenses of defending or appealing the county attorney' s contempt charge were necessarily incurred by him during a criminal prosecution. Conduct constituting contempt is wholly distinct from the underlying subject matter of the controversy being liti- gated. It involves an individual 's acting in disregard of the lawful authority of a court, whether that authority is being exercised in a civil or a criminal action. See §§ 3-1-501, 45-7-309, MCA. The Montana Supreme CourT has specifically held that contempt proceedings are entirely independent of the cases out of which they arise. See State ex rel. Enochs v. District Court, 113 Mont. 227, 2Y3, 123 P.2d 971, 974 (1942) . Due to the personal quality of the conduct involved and the separate nature of contempt pro- ceedings, neither the action of the county attorney in this case nor the ensuing defense and appeal of the court's Page 2, • 18 February 1980 s finding of contempt can be considered a necessary part of the criminal case in which he was involved. Therefore, his . expenses from the contempt proceedings are not legally , chargeable to the county under subsection (2 ) of section 7- 6-2426. The only other arguably applicable provisions of section 7-6-2426 are subsection (9 ) and ( 10 ) , which provide generally for county payment of "contingent expenses" of the county and of other sums "declared to be a county charge . " Such general provisions have been interpreted narrowly by the Montana Supreme Court. As stated in Wade v. Lewis and Clark County, 24 Mont. 335, ' 340, 61 P. 879, 880 (1900 , "What is not by the law imposed upon a county is not a charge against it. " Therefore, before an expense may be charged against the public funds of a county there must be a specific legal requirement of county responsibility for payment. Brannin v. Sweet Grass County, 88 Mont. 412, 415, 293 P. 970, 972 (1930 ) . There appears to be nothing in Montana law authorizing a county to undertake or pay for the defense of a county attorney or any other county officer in a contempt pro- ceeding. Section 2-9305, MCA, which provides for the indemnification of governmental entity employees for certain legal expenses applies only to suits for monetary damages arising from the employees ' negligent or wrongful acts. There is no similar provision pertaining to other types of actions against county officers or employees, such as official misconduct or contempt charges. See 37 OP. ATT'Y GEN. NO. 57 (1977) . Therefore, the legal costs of appealing the contempt order against the county attorney cannot be considered either "contingent expenses for necessarily incurred for the use and benefit of the county" or expenses "declared to be a county charge" within the meaning of section 7-6-2426 . County payment of public funds must be specifically authorized by statutory or constitutional provision. As • stated above, there is no law in Montana authorizing or obligating a county to pay the legal expenses of defending a county attorney in a contempt proceeding against him. Therefore, Lewis and Clark County is not liable for the costs of the appeal transcript in this case. Very truly yours, MIKE GREELY Attorney General cc: Charles A. Graveley Lewis & Clark County Attorney • From the office of Patrick I. jIuhcrtu 406/225-421i JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 April 8 , 1981 Jefferson County Commissioners Jefferson County Courthouse Boulder , MT 59632 Dear Commissioners : Attached to this letter please find a Jefferson County Claim form submitted by Gregory A . Jackson for the defense of myself on contempt of court charges by the Justice of the Peace Joe Miller . As you are probably aware , the Justice of the Peace filed contempt of Court charges against myself. It became necessary for me in my official capacity to defend those charges by hiring compotent defense counsel . The District Judge ruled that the contempt of court citation issued by the Justice of the Peace was legally defective and that the Justice of the Peace exceeded his jurisdiction in filing those charges against myself. I believe this is a proper bill because public officials are entitled to a defense from frivolous and malicious attacks against them while they are acting in their official and representative capacity . I believe further- more that the County has adequate grounds to request that Judge Miller pay the defense bill in this matter . Should you have any questions as to the propriety of this claim , I would invite you to request an opinion from the Attorney General as to whether or not this is a legitimate expenditure . The Attorney General is obliged under law to give his opinion to yourselves if you so request it . Sincerely , • l PATRICK F . FLAHER PFF : kah Encl . From the office of Patrick 3. 'lalicrttl 406/225-4211 JEFFERSON COUNTY ATTORNEY ' Boulder, Montana 59632 April 8 , 1981 Jefferson County Commissioners Jefferson County Courthouse Boulder , MT 59632 Dear Commissioners : Attached to this letter please find a Jefferson County Claim form submitted by Gregory A. Jackson for the defense of myself on contempt of court charges by the Justice of the Peace Joe Miller . As you are Probably aware , the Justice of the Peace filed contempt of Court charges against myself . It became necessary for me in my official capacity to defend those charges by hiring compotent defense counsel . The District Judge ruled that the contempt of court citation issued by the Justice of the Peace was legally defective and that the Justice of the Peace exceeded his jurisdiction in filing those charges against myself . I believe this is a proper bill because public officials are entitled to a defense from frivolous and malicious attacks against them while they are acting in their official and representative capacity . I believe further- more that the County has adequate grounds to request that Judge Miller pay the defense bill in this matter . Should you have any questions as to the propriety of this claim , I would invite you to request an opinion from the Attorney General as to whether or not this is a legitimate expenditure . The Attorney General is obliged under law to give his opinion to yourselves if you so request it . Sincerely , PATRICK F . FLAHER PFF : kah Encl . • • LAW OFFICES OF JOHNSON, SKAKLES & KEBE ATTORNEYS AT LAW ONE FIRST NATIONAL BANK BUILDING BUTTE•SILVER BOW, MONTANA 59701 TELEPHONE: (406)723.5411 HOWARD A. JOHNSON (1893-1974) ANACONDA OFFICE: KEITH P. JOHNSON 117 MAIN STREET GREG J. SKAKLES 1981 ANACONDA, MONTANA 59711 WILLIAM M. KEBE, JR. April 13 , 1981 TELEPHONE: (406) 563-8400 Mr . Patrick Flaherty , Esquire County Attorney Jefferson County Boulder, Montana 59632 Re : Appointment of the Public Defender in Jefferson County Dear Mr. Flaherty: It has come to my atten on that Rich Llewellyn has been appointed to handle the bill of L._sa Jean Filopolous on an action first prosecuted in the Police Court of the Town of Whitehall. It is my opinion that steps should be taken immediately to protest appointments of these types , where no jail sentence is imposed or could be imposed. Thus the appointment of legal counsel in matters of these types is highly improper. Also, for your information , since the appeal is not solely an action prosecuted in the Town Court , the expense of the appointment of the legal counsel would be chargeable to the county in which the proceeding arose, see MCA 46-8-201 (2) (a) . In the case at hand, the fine from which defendant is appealing is $50 , and I 'm sure that the fees of assigned counsel would end up dwarfing this amount . For these and the above reasons, proper attention should be taken by you to prevent this type of action in the future . I have also enclosed a copy of the attorney general ' s opinion concerning this matter of the appointment of assigned council only in instances where a jail sentence is possible . Thank you for your time and consideration to this matter . If you should have any questions , please feel free to call my office . Sincerel yours , 0 ;//////// William M. Kebe , Jr. WMK/clm Encs . cc : Town Clerk of Whitehall County Commissioners Jefferson County Joe Miller , Justice of Peace 46-15-IU. UitiMil'AL PROCEDURE 296 299 BAIL 46-8-202 (2) The defendant, if charged with a felony, must be advised that counsel office and the appointment of a salaried will be furnished at state expense if he is unable to employ counsel. If the public defender and such assistant offense charged is a felony and if the defendant desires counsel and is unable public defenders as may be necessary to satisfy the legal requirements in pro- to employ counsel, a court of record must assign counsel to defend him. office counsel for defendants unable to employ counsel. The costs of such (3) If the offense charged is a misdemeanor and if,the defendant desires office En. 5-1006obyn Sec.expense. L 1967; R.C.M. 1947,95-1006. counsel and is unable to employ counsel, a court of record in the interest of justice may assign counsel to defend him. History: En.95-1001 by Sec. 1,Ch. 196, L. 1967; R.C.M. 1947,95-1001. CHAPTER 9 t 46-8-102. Waiver of counsel. A defendant may waive his right to t counsel, except that in all felony cases where the defendant is under 18 years BAIL of age, the defendant shall be represented by counsel at every stage of the proceedings following the filing of a petition under 41-5-501. Part 1 — Definition and Availability of Bail History: En. 95-1002 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1002; amd. Sec. 2, Ch. 386, Section 46-9-101. Definition and purpose. 46-8-103. Duration of a 46-9-102. Bailable offenses. ppointment. Where counsel has been 46-9-103. Bail after conviction. assigned, such assignment shall be effective until final judgment, including 46-9-104. Bail on a new trial. any proceeding upon direct appeal, unless relieved by order of the court. Sections 46-9-105 through 46-9-110 reserved. I History: En. 95-1003 by Sec. 1,Ch. 196, L. 1967; R.C.M. 1947,95-1003. 46-9-111. Release on own recognizance. 46-8-104. Appointment after trial. Any court of record may assign Part 2 — Bail—General Procedural Provisions counsel to defend any defendant, petitioner, or appellant in any 46-9-201. Who may admit to bail. postconviction criminal action or proceeding if he desires counsel and is 46-9-202. Giving bail before another court or judge. sunable to employ counsel. 46-9-203. Report to county attorney concerning drug users. History: En. 95-1004 by Sec. I,Ch. 196, L. 1967; R.C.M. 1947, 95-1004. 46-9-204. Discharge of defendant. 46-9-205. Surrender of defendant. 1 s Part 2 Part 3 — The Amount of Bail i Cost of Assigned Counsel 46-9-301. Determining the amount of bail. 46-9-302. Bail schedule for minor offenses — acceptance by peace officer. 46-9-303. Bail set in warrant — acceptance by peace officer. 46:8-201. Remuneration of appointed counsel. (1) Whenever in a Sections 46-9-304 through 46-9-310 reserved. € criminal proceeding an attorney represents or defends any person by order 46-9-311. Reduction, increase, revocation,or substitution of bail. of the court on the ground that the person is financially unable to employ counsel, the attorney shall be paid for his services such sum as a district Part 4 — Furnishing Bail II ` I court or justice of the state supreme court certifies to be a reasonable corn- 46-9-401. How bail furnished. 1 i pensation therefor and shall be reimbursed for reasonable costs incurred in 46-9-402. Persons prohibited from furnishing bail security. the criminal proceeding. 46-9-403. Qualifying property as bail. (2) The expense of implementing subsection (1) is chargeable to the _ 46-9-404. Justifying the bail. Sections 46-9-405 through 46-9-410 reserved. • i county in which the proceeding arose, except that: 46-9-411. Definition of guaranteed arrest bond certificate. (a) in proceedings iolely"involving the vi4latinn.of a city ordinance or 46-9-412. Sureties for guaranteed arrest bond certificates. state statute prosecuted in a municipal or city court,,the,expense is charges 46-9-413. Certification of sureties to courts — withdrawal as surety. 46-9-414. Motor vehicle violations — certificates accepted in lieu of cash. ble to the city or town in which the proceeding arose; and �. (b) when there has been an arrest by agents of the department of fish, Part 5—Conditions of Bail—Violation and parks or Violation o agents of the department Thereof P g partment of justice, the expense must be borne by the state agency causing the arrest. 46-9-501. Form of conditions of bail. Z History: En. 95-1005 by Sec. 1, Ch. 196, L 1967; amd. Sec. 1, Ch. 186, L 1973; amd- Sec. 1, 46-9-502. Conditions performed — bail discharged. Ch. 15, L 1974;amd.Sec.9,Ch. 184, L 1977;R.C.M. 1947,95-1005;amd.Sec. Ch. 218, L 1979. 46-9-503. Conditions not performed — forfeiture. s 2' 46-9-504. Procedure on forfeiture. .._')i1T,‘") ,T,.1..114. ., .,.,r„.. ...,.-/.- -:Mt. 1 . 46-9-505. Issua er n,r 4 r ?of Mr,rr,,,,o ,.,.d, ,,:,,. ,,,,.lk..,,a From the office of Patric(: , . , Inhcrtu 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 July 23, 1981 Jefferson County Commissioners Courthouse Boulder, MT 59632 Dear Gentlemen : Please accept my resignation as Jefferson County Attorney effective August 3 , 1981 at 5 : 00 . I_ wish to thank the citizens of Jefferson County and the County Officials for an opportunity to have served them. There is one important criminal case that I am leaving unfinished and that is the case of State of Montana -vs- William F. Williams , No . 80-385 . I would appreciate it if you would designate myself as special counsel for Jefferson County on the date that the Supreme Court sets oral argument in that case . If I should be successful in prosecuting the appeal then a criminal would be sentenced and the cost to the County would be minimal . If the appeal is not prosecuted, then the Defendant would have to be retried and this would cost the citizens of the County several thousand dollars . Wishing all of you the very best in all areas of your lives , I remain Sincerely yours ,, / PATRICK F. FLAHERTY Jefferson County Attorney PFF/c i f • 3flatrirk 3F. F1aIrrt No weapon that is and every tongue that formed ogoinst you occuses you in judgement shall prosper Linturirlor at Kam you will condemn" Is 54.17 Boulder, Montana 59632 (406) 225-4212 October 3, 1981 Northwestern National 2501 Beltview Drive Helena, Mt 59601 Re: Your file #10-12218D/Jefferson- County Dear Mr Ear2's371: I have received your letter of September 25, 1981 and am surprised that you make such hasty demands upon myself without doing a full investigation. Your actions remind me of those of the county commissioners when they charged me with a crime only to learn later their actions were improper and Judge Bennet even alludes to a "malicious prosecution." WE must be so careful in this life because we are judged by the standards with which we judge others. I deny any liability under the claim asserted by the commissioners and yourself. As a county attorney I ,need to attend to the criminal and constitutional work before the civil work. Those people familiar with the workings of the county attorneys office will tell you that I was the workhorse of that office and was doing the bulk of the work while Mr Woodgate was employedas a deputy. The claim was filed late but many legal pleadings are filed'!lAe.- I remember receiving some correspondence from some official in the reorganization suggesting that I correct this technical filing trouble by filing a motion for leave to file a late claim supported be reasons and a proof of service. I was -on the verge of ,doing this when the commissioners suspended me from office and I was without authority to act. HOWEVER THAT FILE WAS ON THE TOP OF MY ACTIVE FILES ON MY DESK WHEN I WAS SUSPENDED. MR WOODGATE AND THE COMMISSIONERS THEN HAD THE RESPONSIBILITY TO PERFECT THE FILING OF THOSE CLAIMS. WHY DID THEY NOT DO SO DURING THE MONTHS OF APRIL, MAY,JUNE AND JULY???? Upon my return to office I promptly prepared the necessary papers and left them with the secretary and Mr Woodgate to file. I only hope they have filed them or taken other appropriate measures to mitigate damages (if there be any considering the financial plight of the Milwaukee) . I am thankful that you are so eager to cover damages for the wrong acts of the county officials. It is admirable of an insurer to honor its obligations so readily. Please direct all future contacts through my attorney in Helena, Mr Greg Jackson, Suite 3D, Arcade Building, Helena, Montana. I do hope to get a chance to meet you someday also. Sincerely, r �, . f CC: Greg Jackson Commissioners Office of JEFFERSON COUNTY SHERIFF Boulder, Montana 59632 September 15, 1981 Patrick F. Flaherty Box 2303 Great Falls , MT. 59403 Enclosed please find a copy of the letter which was sent to you with regard to the bill owing the Jefferson County Sheriff Department for service of Civil papers for you. Personal conversation was also held about this bill . To date you have made payment of $8.00. We request immediate payment of the $62.34 balance on this bill . Sincerely, r //./�/ l %/� I ,Harold DeMers 1 Sheriff Encl . CC. Chief Justice Frank I . Haswell . `January 20, 1981 Patrick Flaherty Attorney at Law Boulder, MT 59632 Dear Mr. Flaherty: A review of the records for Civil Service by the Jefferson County Sheriff Department shows that the following items are still owing: Jefferson County # Date of Return Case Fee 1159 Feb. 19, 1979 Manley vs Manley $2.00 (4_ 7'L 1162 Feb. 19, 1 979 Mork vs McNal l ey 2.69 1200 April 12, 1979 Linnell Herchey 5.06 1213 April 26, 1979 Kosola vx Thompson 2.00 5-s- • 6-- ? 1283 Oct. 12, 1979 Tri Valley Federal Credit Union vs Prusley 12.24 1285 October 10, 1979 Bullock vs Clayton 8,50 1378 Oct. 26, 1979 Remmick vs Gwynn 2.00 N 1568 April 22, 1980 &MI E Thrift vs 2.00 4V -sip 12j y-/o- a� 1610 May 30, 1980 Flaherty vs LeRoux 2.00 1613 May 30, 1980 Flaherty vs Wilson 2.00 1614 June 2, 1980 Flaherty vs Sakkinen 3.85 1618 June 3, 1980 Flaherty vs Manley 4.00 1620 May 30, 1980 Vossler vs Stringer & Butler 4.00 1625 May 30, 1980 Kosola vs Capp 4.00 1633 June 10, 1980 Shorten vs Stringer & Butler 4.00 1691 July 24, 1980 Daniels vs Stringer & Butler 4.00 1751 Sept 26, 1980 Vossler vs Howey 2.00 1752 Sept 24, 1980 Flaherty vs Shewmaker 2.00 1753 Sept 24, 1980 Flaherty vs Campbell 2.00 Total $70.34 If your records do not agree, please contact this office. Sincerely, Sally H. Buckles Deputy Sheriff Civil Department JEFFERSON COUNT Y BOARD OF COUNTY COMMISSIONERS COMMISSIONERS: Leslie J. Sodorff, Chairman, Clancy Boulder, Montana 59632 Delbert M. Bullock, Basin Glen A. Stevens, Whitehall December 21, 1981 Frank I. Haswell , Esq. Chief Justice Supreme Court of Montana State Capital Building Helena, Montana 59601 Re: Patrick F. Flaherty, Commission on Practice Matter Dear Justice Haswell : Several months have transpired since the captioned matter was heard and Jefferson County still suffers repercussions consequent from Mr. Flaherty's tenure in office as County Attorney. A copy of our letter to Bruce M. Brown, Esq. , dated October 27 , 1981, with attachments, and the reply from Arnold Huppert, Jr. , dated November 17, 1981, are enclosed herewith for your information. Yours truly; ��sl ie J. Sodorff, Cha' an Board of County Commissioner LJS/jj • • • Flaherty initiates claim for damages Tribune Capitol Bureau ses of contempt of court and official •Costs in prosecuting the above HELENA — Great Falls lawyer misconduct for allegedly delaying claims. Patrick Flaherty has initiated a claim prosecution of a vandalism charge Details of the allegations are not for damages he allegedly incurred against a Boulder youth. given in the notice, and Jackson says during his controversial term as JO- ••Money advanced by Flaherty for the county can prevent their "expo- ferson County attorney. county business, which the county sure" and save money by settling Notice of intent to file a claim commissioners have refused to pay. "amicably" with Flaherty for $50,000 under the Montana Tort Claims Act • Damages for malicious prosecu- within 45 days. was given by his attorney, Gregory tion and defamation of character by Jackson's letter says Flaherty in- Jackson of Helena, in a letter mailed reason of the county having accused tends to file a claim against the coun- to Jefferson County Clerk and Re- Flaherty of crimes. ty, the county's insurance carrier, corder Joanne McFarlane Thursday, • Damages for deprivation and and certain county officials including the day the Montana Supreme Court violation of Flaherty's federal and the commissioners. He reserved the subjected Flaherty to a public cen- state civil rights, including freedom right to litigate the claims and have sure and suspended him from the of speech and press and the right to the amount of damages determined practice of law for 90 days for alleged hold public office. by a jury. ethics violations. • The notice of-intent alleges the fol- lowing expenses and damages: •$5,000 attorney's fees in Flaher- ty's successful defense of charges brought against him by Jefferson County officials for the criminal often- ■ • jachsnm law firm £mumsddn s al law Gregory A.Jackson Suite 3D Arcade Bldg (406)943-2140 Helena, MT 59601 14 January 1982 Ms. Joanne P . McFarlane Jefferson Co. Clerk and Recorder Courthouse Building Boulder, Montana 59632 RE: PATRICK F. FLAHERTY, Notice of Claim Dear Ms. McFarlane: Pursuant to the Montana Tort Claims Act and §2-9-301, M.C .A. , please be advised that Patrick F . Flaherty hereby gives notice of intent to file a claim against Jefferson County, the insurance carrier for Jefferson County, and also against certain Jefferson County officials , including, but not limited to, the Jefferson County Commissioners . Mr. Flaherty is seeking to be reimbursed for expenses incurred by him and compensated for damages while acting in his official capacity as the then-Jefferson County Attorney. Those expenses and damages consist of the following: (1) Attorney fees in the approximate sum of $5 , 000 . 00 , incurred in the successful defense of Patrick F. Flaherty, of the charges brought against him by Jefferson County officials for the criminal offenses of contempt of court and official misconduct; (2) Sums advanced by Patrick F. Flaherty for County business, which the Jefferson County Commissioners have , to date , refused to pay, although requested on two occasions to pay; (3) General and punitive damages for the negligent and/or malicious torts of malicious prosecution and defamation of character, including both libel and slander, by reason of Jefferson County ' s having accused him of crimes ; (4) General and punitive damages pursuant to §42 U. S.C. , §§1981, 1982, and 1983 , as well as the Montana statutes and Montana Constitution of 1972 , for deprivation and violation of Mr. Flaherty ' s civil rights, including, but not limited to, freedom of speech, press , and the right to hold Jackson and Kelley Ms . Joanne P. McFarlane Jefferson Co . Clerk and Recorder 14 January 1982 Page Two public office, as well as the defendants ' conspiracy to deprive Mr. Flaherty of the above civil rights; (5) Attorney fees and court costs in prosecuting the above claims . In the interests of saving the County the expenses of litigation, as well as exposure of the details giving rise to the above- entitled claims, and, further, in an attempt to amicably settle the differences between Mr. Flaherty and the County, Mr. Flaherty is willing to accept the sum of Fifty Thousand Dollars ($50, 000 . 00) , if settlement can be accomplished within forty-five (45) days of your receipt of this letter. In the event that settlement cannot be reached within said forty-five (45 ) days , the foregoing offer of settlement will be rescinded. Mr. Flaherty expressly reserves the right to litigate the above-entitled claims and have the measure of damages be determined by a jury in either state or federal district court, or both. Please respond to this demand letter and notice of claim as soon as is practicable. Sincerely, Gregory A. Jackson GAJ/slb 3nthsnn tam firm �` LN £uunsElors at taw pm , 1982 '► �' - • 'Suite 3D Arcade Bldg. , , �-�"" •-FA �✓�„ Ltk " HELENA, MONTANA 69641 duA,rADsryns Ms. Joanne P. McFarlane Jefferson Co. Clerk and Recorder Courthouse Building Boulder, Montana 59632 Ill1E4EF1Girk. S'Ll1N �.k.)U1'`v' 1 1 • 4s ' . CLERK RECORDER r JOANNE P. MCFARLANE Boulder, Montana 59632 County Clerk and Recorder *11“4... `.�.. ' CARLA MATLACK . �1F, %/4-(-rttt Deputy ` ' �.y COMMISSIONERS: rJ r .. �tf Leslie J. Sodorff,Chairman,Clancy + ' ` Delbert M. Bullock, Basin 1 4�� Glen A. Stevens,Whitehall ' ` � :' z S y t4. April 6, 1981 • Patrick F. Flaherty j County Attorney { Courthouse Annex Boulder, Montana 59632 I Dear Pat: { The following telephone calls that were on the March 13, 1981 Mountain Bell Telephone bill were not made with the County's best interest in mind. The calls are as follows: Call #13 - Helena - Independent Record - 442-7190 $.54 Call #16 - Butte - Montana Standard - 792-8301 $.82 Call #18 - Helena - Independent Record - 442-7190 $1.10 Call #36 - Helena - Independent Record - 442-7190 $1.38 Call #44 - Helena - Independent Record - 442-7190 - $.82 Call #45 - Butte - KXLF TV - 792-0444 - $1.24 Call #59 - Butte - Montana Standard - 792-8301 - $.40 Call #62 - Butte - KXLF TV - 792-0444 - $1.52 Call #67 - Butte - KXLF TV - 792-0444 - $.26 Call #75 - Butte - KXLF TV - 792-0444 - $1.52 Total of these calls are $9.60. The Board of County Commissioners feels these calls can not be justified as official county business, and reimbursement should be made at this time. If you have any questions on this or any other matter, please ;; feel free to contact us at any time. Yours truly; I 1 ' 'tom H 7 r -slie J. Sodorff, Chi i, Board of County Commissioners LJS/jj ii Enclosurers '3' I uY ��wlli 1Ld:L� `V i� `l.J�V 1 CLERK RECORDER t w s JOANNE P. MCFARLANE . r : l .-T. Boulder, Montana. 59632 County Clerk and Recorder Xr i .. -. CARLA MATLACK rr rim x Deputy v4 At, �' �' COMMISSIONERS: . :t i Leslie J.Sodorft,Chairman,Clancy Lq Delbert M. Bullock,Basin a ti �, a Glen Ar. Stevens, Whitehall Jr April 6, 1981 Patrick F. Flaherty County Attorney Courthouse Annex Boulder, Montana 59632 . Dear Pat: The following is a list of claims that were paid by County funds. The Board feels that these claim are illegal and never should have been paid. The claims are as follows: Date of Claim - 5-9-79 Supreme Court Dues for Pat Flaherty and Allen LeMieux $20.00 -4-25-79 Montana Bar Association Dues and Supreme Court Dues - Allen LeMieux $110.00 -4-25-79 Montana Bar Association Dues and Supreme Court Dues - Pat Flaherty $90.00 The Board feels these claims should be reimbursement back to the County as soon as possible. I Yours truly; A � lie J. dorff Char Board of County Commissioners LJS/jj Enclosurers 7 ACCOUNT Animist I 1� [10.00. 1 , Warrant No. ,7(2,-.. . . . • 1 r 410100 Commissioners FUND 4103 District Court / II0340 Justice Court Name {.� '._........ .. LINTY ._—_ 410542 Treasurer uaaminer r--•- �C' ass DR.• 41 0540 Treasurer Address )t shorty 410550- � = .ii Y For 41 0900 G -//Clerk&Recorder ._ 410600 Election, -`{/' $.!; Filed `I — ..:)7 JJfjer.on County Courthouse AMOUNT 411100 r} Attorney fn 0� \ 'Wader, Montana Attorn Buildinfs L I have carefully examined 414500 the within account and refer 411500 Super Admin.nen ,�..... the same to the Board of 80 5 00 42019 Sheriff rants • • 1 42019 Sheriff Grants County Commissioners. Ltl . 00 420230 Care or Prisoners Approved for $' }'ti sp sy 420600 Civil Defense �5 �� 4201300 Coroner Di approved $ 430200 Surveyor(1000-2110) ��.�. �,. Care or Insane .. {. a,�'......fld.... 450200 ; County C erk & Recorder — 4307A0 Sso3° V • _ j ,1 ( ro f 4i.r1-: Deputy '110 430200 Allowed on General Fund -- $ fU 430270 Shop 420730 Emerg.Med. Allowed on Road Fund ----- $ 430940 Burials .....— Allowed on Poor Fund ----- --.° 440100 county Physician ' 440200 Hospitals Allowed.on Bridge Fund --- $ A50110 Welfare Admin. Fund $ 450131 General Asst. Allowed On 450133 ADC D a t _450136 Other Asst. //// �7J1 430137 Foster Care 1� Cha irrflarl 4302 Bridge �� [t7.9 7 ......_._.... rr i`1 / 431100 Weed — i /.c ., 2... . /.�.....(. ,.t.m led says : That Amount of Bill 90 , 440600 Predatory Animal y.�L�.� 4602 Fairs Federal Tax 460ICO Library For value received I hereby Planning assign my right, title and or Corporation) State Tax 41030 Toned herein 4401 Board or Health interest in this claim, • Social Security 450300 amounting to Gopher .ve amount 450400 '�`� and du- . Retirement $ �>j 440700 Insurance 440540 Q>'� '!f / Amount Disapproved to � ,k'`� 430800 �` Amount Approved _ 4407 Mosquito of Airport _ 43of - Signed OR BEFORE THE 26TH OF EACH MONTH, OR PAYMENT OUTLAY - HE FOLLOWING MONTH. THESE BLANKS WILL BE OUTLAY �U �� Witness AUDITOR. �ED BY THE COUNTY i I�� ilii il�ll l ll� l�i�� ll1 r �l1�1P ''1�1111��1�',lil t�I '"r k Key Nn. ACCtO NV w.,ww... 1 1A,e. Warrant No. . ././C23. . . • Mir! 410100 Commissioners FUND 4103 District Court 410340 3 ustice Court 0 COUNTY,UN TY, DR. 410312 State Examiner Name C,..ej ri --.12 Cr,,,l_ 410540 Treasurer Address. J_.cr- : s.k•--.--c)-.Li mr: Allen LeMieux 410550- Clerk&Recorder 410900 For....../•4,‘-.e..Q..- tis Jefferson County Courthouse 410600 Elections `U AMOUNT //Q tJC� $fl(' C Filed - ' ...�,2c i 411100 I J v (� Attorney Boulder, Montana 59632 411200 County Buildings I have carefully examined _ IIn 411500 EstateAdmin. the within account and refer 100 100 411600 Superintendent the same to the Board of Vitiation Dues 42019 Sheriff Grants County Commissioners . ki e 10 . 00 420230 Care of Prisoners f/} 420600 Civil Defense Approved for $--//0 420800 Coroner Dis roved $ 430200 Surveyor[1000-2110? / C n/��y /� 440430 Care of Insane `�-.1 U1 1r` •�I-••-+-�1•+-+i L oc r ;;,E.. 450200 Burial of Soldiers County Clerk & Recorder d,;1. 510300 unallocated Costs .4?r:Gi (i j.)71,1Vitejc Deputy 430200 Highways C ~J-' / i / Allowed on General Fund $ ...1 l 430270 Shop / 1 420730 Emerj-Med.Sees. Allowed on Road Fund $ / 430940 Burials i �� Allowed on Poor Fund - $ .�{��� � 440100 County Physician - - 440200 Hospitals Allowed on Bridge Fund - - $ +�:, 430110 Welfare Admin. IJIAIIIIIIIIIIIIIIIr....... 450131 General Asst. :lal: e on Fund $ _.___... .. 430133 ADC /// 450136 Other Asst. /j ll _ ' /�� � 450137 Foster Cue �G..� .S.-;F!�^ ✓✓✓���-"" ://ff Ch Ir an q 4302 Bridge (.'�-;� G 431100 Weed - r� - Mys; That Amount of Bill ,�. 440600 Predatory Animal �3,l 4602 Fairs _ Federal Tax j 460100 Library For value received I hereby "ration) 5 State Tax 411030 Planning assign my right, title and , herein 4401 Board of Health , interest in this claim, �� IMMInt Social Security 450300 Senior Citizens amounting to v) . ,' Retirement , • 450400 Co.Eaten.Agent -J _ , _ Gopher $ Insurance _ µO540 , Alcoholism a Amount Disapproved 410700 ".'cN.* /� to -Ai - - • ` A roved // l,/ �J 430800 Junk Vehicle ..4. • Amount pp L 4.407 Mosquito o 1 ;,' Airport f 0J '*'ORE THE 26TH OF EACH MONTH, OR PAYMENT 4308 Solid Waste Signed .' 1 TIC MONTH. THESE BLANKS WILL BE OUTLAY > '_ 1 COUNTY AUDITOR. _ TOTAL Witness ' & RECORDER, Box 115, Boulder, Montana. 7'� Warrant No. . .Q:% 410400 ` Commissioners ti7:"'^--- FUND 4103 Il District Court _- * 410340 Jn]tiet Court �/J�� ) / S1.Y yJ/_/f��' COUNTY/NTY/ DR 110542 State Examiner Name" LtsXf. Q.��� .-JJ�-... {JC' ' r' 410540 Treasurer Addre r Allen LeMieux f `~ 410550• Clerk R Recorder Patrick Flaherty 410900 For. �ka.Ati -t.c.d cilad- 410600 £ttori ey (X D V ��-- 2./--(9 9 AMOUNT 411100 ) Attorney $dO Filed_...,. .5..-- , moulder , Montana 59632 411200 1 County Buildings I have carefully examined -- 411500 iEstateAdmin. the within account and refer f. D. - s , „ 4_1160ip Superintendent the same to the Board of L 42019 Sheriff Grants County Commissioners.,„l aMieux 10. 00 420230 Care of Prisoners -IA 420600 Civil Deense Approved for $..( '200 Bordner Disap roved $c 430200 Surveyor(WOO-2110j 440430 Care of Insane _LIZ(.r L, LL )/f. r 1 r.�' 450203 Burialo(Soldiers • County Clerk & kecdrder 510300 Unallocated Costs . P ap t 7-,A f) CR.DCeLp u f y 43 0200 Hlghrays 430170 shop Allowed on General Fund -- $.,7(G 420730 Emera.Med.Serf. Allowed on Road Fund $ 430940 Burials 440100 County Physician Allowed on Poor Fund $......•.....•.• 440200 Hospitals . Allowed on Bridge Fund $ 450110 Welfare Admin. 450131 General Asst. Allow on Fund $ ...._......__. 450133 ADC Dat 450136 Other Asst. //7 � 450137 Foster Care `^,.^1�.'.�w. r.. 7 h r art 4302 Bridge .J •y��-rt r� S: That 20 . 00 431100 Weed _ y Amount of Bill 440600 Predatory Animal C— F �� ��try Federal Tax 4 Fairs , 460,00 uerary For value received I hereby xporation) State Tax _ 411030 Planning assign my right, title and herein 4401 Board of Health interest in this claim, nount Social Security i 450300 Senior Citizens amounting 'to �Ue / Retirement ' 450400 Co.Exten.Agent 4407(X) Gopher $ 1 i Insurance , I / 440540 Alcoholism Amount Disapproved 4' to l/,+, ..Is. .� . • • • Amount Approved . 43 Junk�ehiele 4407 ■ Mosquito • of er•a Airport ,f� • ;FORE THE 26TH OF EACH MONTH, OR PAYMENT 4301 Solid waste Signed t�49 LLOWING MONTH. THESE BLANKS WILL BE OUTLAY • THE COUNTY AUDITOR, TOTAL I Iat) Witness ( & RECORDER, Box 115, Boulder, Montana. r From -,the office of latrtch 1 ilierty 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 5%32 March 17 , 1981 u• MEMORANDUM : TO : Jefferson County Commissioners —__ Jefferson County Sheriff Joe Miller , Justice of the Peace FROM : Patrick F . Flaherty , Jefferson County Attorney RE : Office Policy Dear Gentlemen : In the interest of justice and efficiency all requests for legal work shall be directed to myself as County Attorney . Deputy Cecil L . Woodgate is not to undertake independent legal work and advice unless it is with the expressed approval of myself . Your cooperation in this regards would be appreciated . Sincerely , i � \ � fr _ ti PATRICK F . FLAHERTY PFF : kah cc : Cecil L . Woodgate From the 'Patric-It .2i. J`l.tlierip JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 April 3 , 1931 MEMORANDUM : TO : Mr . Cecil L . Yoodgate FROM: Patrick F . Flaherty , Jefferson County Attorney Dear Mr . Woodaate : You recently defended your position in the assault matter of a local Boulder women by stating that without a complaining witness the case is very hard to take to trial . The Supreme Court of the State of Montana differs with you as do I . For your reference I am enclosing a similar case , namely that of State vs . Brubaker , 80 St . Rep . 432 . If you will review the facts in that case it will be seen that a women was beat severely about the brain . She did not testify at trial and by evidence which is scantier than we have in the Gloria Jones matter he was convicted . The law requires the County Attorney to prosecute all crimes which occur within the County . I have done so and my philosophy seems to be in accord with the holdings of the Montana Supreme Court and other County Attorneys . The case is enclosed for your information . Sincerely , /1 PATRICK F . FLAHERTY PFF : kah Encl . cc : Jefferson County Commissioners Vern Sutherlin From the optic- ; o I,ktrich IF. .fIxtlertir JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 March 12 , 1981 U• MEMORANDUM : TO : Cecil L . Woodgate FROM : Patrick F . Flaherty , Jefferson County Attorney RE : Employment termination Dear Woody : This letter has 3 purposes . The first purpose is to thank you for all the help you have given to myself , this office and to the County . The second reason in writing this letter is to put in writing the agreement we reached in our discussion during the week of March 2nd , 1981 . I advised you at that time that your employ- ment as a deputy county attorney would no longer be proper and I am terminating your employment as my deputy effective March 31st , 1981 . If you would like written reasons for this action , I would be happy to put them in writing as well . The third reason in writing this letter is to ask that you prepare memorandums of policy for your successor and myself . I am particularly concerned for a status report of the Marion Opitz rape investigation case . You have been handling this for approximately 9 months and we still donot have a complete investigation provided to this office . I would like the investigation completed or at least a complete update as to this before the 31st . Secondly , I would like as much as can be done via update report on the status of the Whitehall High- school v . Martel Construction et al . lawsuit . It may be that when the case finally goes to trial I would ask the commissioners for their approval to hire you as ad hoc special counsel . MEMORANDUM Page 2 March 12 , 1981 v• I hope that you understand this decision is made for purely professional considerations and I trust that it will do nothing to interfere with the enjoyable personal friendship we have cultivated over the past couple of years . Sincerely , 1 71 . .y { 1 , PATRICK F . FLAHERTY PFF : kah COMMISSIONERS: JEFFERSON COUNTY JOANNE P. McFARLANE County Clerk and Recorder yteentak Cam9,Chairman,iNAitaball Leslie J.Sodortt.Clancy Chairman CLERK and RECORDER Deputy MATLACK Delbert M. Bullock.Basin' Glen A. Stevens, Whitehall Boulder, Montana 59632 February 5 , 1981 Patrick F. Flaherty County Attorney Boulder, Montana 59632 Dear Pat : Due to the unstable circumstances that have arisen between the Jefferson County Attorney' s Office and the Jefferson County Sheriff ' s Office we the Board must deny your request for you to attend the seminar in Colorado Springs on February 8 through 12th, 1981 . Yours truly; &e Delber Bullock, Chairman, Pro-tem Board of County Commissioners DMB/jj From the office of • jaltick , _ 3rinhertq 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 January 27 , 1981 Jefferson County Commissioners Jefferson County Courthouse Boulder , MT 59632 RE : National College of District Attorney ' s Organized Crime Seminar Dear Commissioners : I have received acceptance and a partial scholarship to attend an organized crime seminar which is taught by some of the leading criminal authorities in the country and the course material would be relevant to some problems in Jefferson Count nand the State of Montana generally. (See enclosures ) I would appreciate your reviewing the :enc o+ material and receiving your approval to attend said' co ace. Funds have already been earmarked for such continu gal eduction conferences and there is adequate fundth o c ±er this conference . However , I anticipate that I may be out the State for a period of one week to attend this confe "4. tan4 would accordingly ask your permission to leave Montana for e conference on February 9th ae4„ tofiltesp too Mont na no later t Monday, February 16th , 1981 unles .' t ces should arise s h :as,an accident or some other unforeseen; cireiimstance that woutde*A0 it impossible to return .in time - ssi:" Sincerely, £� t v L^ra'. ,„ r PATRICK F. FLAHERTY PFF : kah Encl . National College of District Attorneys College of Law University of Houston Houston, Texas 77004 (713) 749-1571 Regents of the College John Jay Douglass Representing Naaonar Dean District AEorneyS Assooalon Carl Vance.Cnawman Wmam B Randall Robert S. Fertitta Lee C Fake Roden Johnson Associate Dean Representing American G al E TO: Applicant Edmund c Brown Donsamarell ORGANIZED CRIME I Representing Amencen College or snai Lawyers LeonJaworsk' FROM: Linda Eichhorn E/Dy L Jenkins Representing rnremarro,e Registrar A cadew,or Lie, Lawyers Jo^ A Geogee hardy ll Jo'n Jay Dovgless Regents Emear CONFIRMATION: J Frank Coakley Your registration has been received and you have been accepted to the Jolt, N Price ORGANIZED CRIME Part I Seminar, Colorado Springs, Colorado, February 8- 12, 1981 . All sessions will be held at the BROADMOOR Hotel , Colorado Springs, Colorado 80901. (303) 634-7711 . REGISTRATION: Registration will be held from 3:00 p.m. to 5:00 p.m. on Sunday, February 8th. The COURSE will begin at 9:00 a.m. on February 9th and will end at 12 noon on Thursday, February 12th. MATERIALS: Course materials will be distributed at the time of registration. ASSISTANCE: Through a grant from LEAA you will be reimbursed a maximum of $150 for travel expenses. Reimbursement forms will be available at registration. The College will pay, direct to the hotel, the cost of one-half the double room rate ($22.50) for 4 nights (Sunday thru Wednesday only) . FEDERAL EMPLOYEES AND MILITARY PERSONNEL ARE NOT ELIGIBLE FOR THIS ASSISTANCE. HOTEL CONFIRMATION: A hotel reservation form was attached to your seminar brochure for you to forward directly to the hotel to ensure your accommodations. You will receive a preferential room rate of $42 for single and $45 for a double ($22.50 twin, shared with another attendee) if you reserve by January 9th. HOTEL RESERVATIONS MUST BE RECEIVED BY THE BROADMOOR NO LATER THAN THIRTY (30) DAYS PRIOR TO NIGHT OF ARRIVAL! CREDIT CARD $ CHECK CASHING POLICY: The Hotel will not accept credit cards unless it is their own. They will cash personal checks with proper iden- tification (credit card or driver's license) . CHECK-OUT: Check-out time is 2:00 p.m. on Thursday, February 12th. AIRPORT TRANSPORTATION: Take the Air-Ground Transportation Authority Limousine from the Colorado Springs Airport. Fare is approximately $5.00. CAR RENTAL: Avis has an office in the hotel. National, Budget and Hertz have counters at the airport. CLIMATE: Cold. Forty-five degrees during the day; twenty at night. Last year at this time there was no snow at the Broadmoor. FREE TIME: Class will adjourn at noon on Tuesday, February 10th, to allow you time for sightseeing. CANCELLATIONS: Fees are fully refundable if the College is notified three working days prior to course commencement. Those cancelling later than three working days are subject to a $50 processing fee. Failure to notify the College prior to course commencement will result in forfeiture of fees paid. ADDITIONAL INFORMATION: Please call the registrar at 713/749-1571. PROGRAM OF INSTRUCTION: Enclosed ORGANIZED CRIME SEMINAR, PART I . Colorado Springs, Colorado February 8 - 12, 1981 TENTATIVE SCHEDULE OF INSTRUCTION ********************************* SUNDAY, February 8 3 : 00 p.m. 5: 00 p.m. REGISTRATION 5 : 15 p.m. 7 : 00 p.m. CASH BAR RECEPTION MONDAY, February 9 8 : 00 a .m. 9 : 00 a.m. CONTINENTAL BREAKFAST 9: 00 a .m. 9: 15 a.m. WELCOME AND ORIENTATION 9 : 15 a.m. 10 : 05 a .m. ORGANIZED CRIME PERSPECTIVE AND TRENDS Robert Stewart 10 : 05 a .m. 10 : 40 a .m. NARCOTICS TRAFFICKING Michael Callahan 10 : 40 a .m. 10 : 55 a .m. BREAK 10: 55 a .m. 12 : 00 p.m. INVESTIGATIVE PLANNING Ronald Goldstock 12: 00 p.m. 1: 30 p.m. LUNCH 1 : 30 p.m. 2 : 45 p.m. LABOR RACKETEERING AND PENSION FUND FRAUD Robert Stewart 2 : 45 p.m. 3 : 00 p .m. BREAK 3 : 00 p.m. 4 : 30 p.m. WORKSHOPS 4 : 30 p.m. ADJOURN TUESDAY, February 10 7: 30 a.m. 8 : 30 a.m. CONTINENTAL BREAKFAST 8 : 30 a .m. 10: 15 a.m. INVESTIGATIVE TECHNIQUES 10 : 15 a .m. 10 : 30 a.m. BREAK 10 : 30 a .m. 11: 00 a .m. THEFT AND FENCING ' Stephen Moore 11: 00 a.m. 12: 00 p.m. GAMBLING, LOANSHARKING AND EXTORTION Ronald Goldstock 12 : 00 p.m. ADJOURN WEDNESDAY, February 11 8 : 00 a .m. 9 : 00 a .m. CONTINENTAL BREAKFAST 9 : 00 a.m. 10 : 30 a .m. LEGAL IMPLICATIONS OF SURVEILLANCE AND SEIZURE Bernard Siegel 10 : 30 a .m. 10 : 45 a.m. BREAK 10 : 45 a.m. 12: 00 p.m. IMPACT OF PRIVACY AND DISCLOSURE LAWS Richard Huffman 12 : 00 p.m. 1: 30 p.m. LUNCH 1 : 30 p.m. 2 : 45 p.m. INTRODUCTION TO: GRAND JURY , IMMUNITY COMTEMPT, AND PERJURY Bernard Siegel 2 : 45 p.m. 3 : 00 p.m. BREAK 3 : 00 p.m. 3 : 50 p.m. OFFICIAL CORRUPTION Michael Capizzi 4 : 00 p.m. 5: 30 p.m. WORKSHOPS 5 : 30 p.m. ADJOURN THURSDAY , February 12 8 : 00 a .m. 9 : 00 a .m. CONTINENTAL BREAKFAST 9 : 00 a.m. 10 : 00 a.m. CIVIL REMEDIES Frank Murray 10 : 00 a.m. 10 : 45 a.m. MOTORCYCLE GANGS 10 : 45 a .m. 11 : 00 a.m. BREAK 11: 00 a.m. 12 : 00 p .m. SPECIAL TRIAL AND POSTTRIAL PROBLEMS Richard Huffman 12: 00 p.m. ADJOURN ORGANIZED CRIME SEMINAR, PART I COLORADO SPRINGS , COLORADO FEBRUARY 8 - 12, 1981 FACULTY ROSTER ************** Michael Callahan Steven E. Moore Narcotics Trial Supervisor Deputy Prosecutors Office Pima County Attorney ' s Office 516 Third Avenue 111 West Congress Street Seattle, Washington 98104 Tuscon, Arizona 85701 (206) 583 - 2200 (602) 792 - 8411 Frank Murray Michael R. Capizzi Bureau Chief Assistant District Attorney Special Operations Bureau District Attorneys Office 101 West Jefferson Orange County Courthouse Phoenix, Arizona 85003 P .O. Box 808 (602) 255 - 3702 Santa Ana , California 92702 (714 ) 834 - 3600 Bernard Siegel Deputy District Attorney Ronald Goldstock Philadelphia District Attorney ' s Acting Inspector General Office U. S . Department of Labor 2400 Centre Square West 200 Constitution Avenue, N.W. Philadelphia, Pennsylvania 19102 Washington, D.C. 20201 (215) 686 - 8016 (202) 523 - 8760 Robert Stewart Richard D. Huffman Attorney-in-Charge Chief Deputy District Attorney U. S . Department of Justice County of San Diego Organized Crime and Racketeering District Attorney ' s Office Section P .O. Box 2031 970 Broad Street, Room 635 San Diego, California 92112 Newark, New Jersey 07102 (714) 236 - 2355 (201) 645 - 3975 • 0 . 543H- 1 . 33 + 0 . 82 + 1 . 10 + 0 . 82 + 1 . 52 + 1 . 24 + 0 . 40 + 1 . 52 + 0 . 26 + 9 . 60 i a �� H 406 225-4211 MAR 13 1981 416 225-4211 MAR 13 1981 "'°..... H ITEMIZED CALLS PAGE 1 BUSINESS OFFICE 406-449-4450 NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT SERVICE & EQUIPMENT - MAR 13 THRU APR 12 24.28 1 213 345P HELENA MT 406 449 3825 1 2 .40 ITEMIZED CALLS-SEE DETAIL 122.51 2 213 1022A HELENA MT 406 933 5531 1 4 .68 TAXES-U.S. 2. 76 STATE . 00 3 213 153P HELENA MT 406 442 2020 1 5 .82 COUNTY . 00 CITY . 00 2.76 4 213 917A WHITEHALL MT 406 287 3455 1 8 1 .24 CURRENT CHARGES-INCLUDING TAX --DUE BY APR 04-- 149.55 5 213 200P HELENA MT 406 933 5659 1 35 5 . 02 LAST BILL ADJUSTMENTS PAYMENTS 6 214 1135A VIRGINIACYMT 406 843 5432 3 5 .52 215.54 . 00 215.54 THANK YOU 7 216 1126A DEER LODGEMT 406 846 2711 1 1 . 32 TOTAL DUE 149.55 8 216 100P BOULDER MT 406 225 4211 15 5 1,06 COLLECT FROM D LDG MT 406 846 2711 9 216 1118A DILLON MT 406 683 2383 1 8 1 . 99 10 217 1035A HELENA MT 406 443 1019 1 1 .26 11 217 450P HELENA MT 406 443 1010 1 2 .40 12 217 1046A HELENA MT 406 442 4840 1 2 .40 13 217 138P HELENA MT 406 442 7190 1 3 .54 14 217 214P HELENA MT 406 449 3104 1 3 .54 JEFFERSON COUNTY OF CLERK & RECORDER -- 4 B 293 68 9999 0506 81 AA PO BOX 115 BOULDER MT 59632 -- 4 B 293 68 9999 0506 81 406 225-4211 MAR 13 1981 .mommimmm H 406 225-4211 MAR 13 1981 r......... ITEMIZED CALLS PAGE 3 ITEMIZED CALLS PAGE 2 H NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT 30 219 1044A BUTTE MT 406 792 8311 1 3 .54 15 217 118P BUTTE MT 406 494 3041 1 4 .68 31 219 1027A BUTTE MT 406 792 8311 1 4 .68 16 217 1156A BUTTE MT 406 792 8301 1 5 .82 32 219 242P HELENA MT 406 442 8950 1 5 .82 17 217 455P DEER LODGEMT 406 846 1320 1 6 1 .22 33 220 434P HELENA MT 406 442 9430 1 1 .26 18 217 154P HELENA MT 406 442 7190 1 7 1 . 10 34 220 853A HELENA MT 406 442 3930 1 2 .40 19 217 144P HELENA MT 406 442 9430 1 8 1 .24 35 220 1050A HELENA MT 406 442 5825 1 2 .40 20 217 422P HELENA MT 406 442 9493 1 9 1 .38 36 220 1104A HELENA MT 406 442 7190 1 9 1 .38 21 217 218P HELENA MT 406 442 0230 1 9 1 .38 37 223 404P HELENA MT 406 442 9493 1 1 .26 22 217 1048A BOZEMAN MT 406 587 3161 1 10 2.45 38 223 1050A HELENA MT 406 443 2140 1 1 .26 23 217 325P BUTTE MT 406 792 0444 1 11 1 .66 39 223 331P WHITEHALL MT 406 287 3455 1 1 .26 24 218 912A HELENA MT 406 442 9430 1 1 .26 40 223 326P HELENA MT 406 449 3104 1 2 . 40 25 218 1004A HELENA MT 406 442 9430 1 1 .26 41 223 401P ANACONDA MT 406 563 5244 1 2 .56 26 218 328P HELENA MT 406 443 1010 1 1 .26 42 223 1136A HELENA MT 406 449 2026 1 3 .54 27 218 1036A HELENA MT 406 442 9430 1 2 .40 43 223 323P BUTTE MT 406 792 1713 1 3 .54 28 218 334P HELENA MT 406 449 3104 1 3 .54 44 223 355P HELENA MT 406 442 7190 1 5 .82 29 218 405P HELENA MT 406 449 2585 1 8 1 .24 -- 4 B 293 68 9999 0506 81 AA -- 4 B 293 68 9999 0506 81 AA r 406 225-4211 MAR 13 1981 ......... H 406 225-4211 MAR 13 1981 H ITEMIZED CALLS PAGE 6 ITEMIZED CALLS PAGE 4 NO. DATE TIME TO PLACE TO AREA - NO. X MIN AMOUNT NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT 75 3 2 1201P BUTTE MT 406 792 0444 1 10 1 .52 45 223 256P BUTTE MT 406 792 0444 1 8 1.24 76 3 3 1047A HELENA MT 406 442 0230 1 1 .26 46 224 11314 HELENA MT 406 442 1700 1 1 .26 77 3 3 8394 HELENA MT 406 442 0230 1 1 .26 47 224 823A HELENA MT 406 442 3480 1 2 .40 78 3 3 915A HELENA MT 406 442 0230 1 1 .26 48 224 840A WHITEHALL MT 406 287 3455 1 2 .40 79 3 3 400P BOULDER MT 406 225 4211 15 10 1 .53 49 224 11.01A HELENA MT 406 442 7440 1 3 .54 COLLECT FROM HELENA MT 406 442 2480 50 224 1106A HELENA MT 406 442 9430 1 4 .68 80 3 3 1136A HELENA MT 406 442 0230 1 15 2.22 51 224 1032A WHITEHALL MT 406 287 3219 1 9 1 .38 81 3 4 920A HELENA MT 406 442 3100 1 1 .26 52 224 1111A FORSYTH MT 406 356 2236 1 12 4.77 82 3 4 922A HELENA MT 406 442 7830 1 1 .26 53 224 132P HELENA MT 406 443 5777 1 22 3.20 83 3 4 1014A IDAHOFALLSID 208 529 1348 1 1 .46 54 224 1138A SACRAMENTOCA 916 487 9391 1 29 10 .61 84 3 4 923A BILLINGS MT 406 248 2611 1 3 1 . 18 55 225 1103A HELENA MT 406 449 3104 1 1 .26 85 3 4 910A HELENA MT 406 443 4197 1 9 1 .38 56 225 307P HELENA MT 406 442 9430 1 1 .26 86 3 5 104P WHITEHALL MT 406 287 3455 1 1 .26 57 225 1032A HELENA MT 406 933 5561 1 1 .26 . 87 3 5 322P HELENA MT 406 449 3104 1 1 .26 58 225 142P HELENA MT 406 933 5561 1 2 .40 88 3 5 11354 BUTTE MT 406 494 2550 1 1 .26 59 225 1254P BUTTE MT 406 792 8301 1 2 .40 -- 4 B 293 68 9999 0506 81 AA -- 4 B 293 68 9999 0506 81 AA 406 225-4211 MAR 13 1981 ��s H � 406 225-4211 MAR 13 1981 � r H ITEMIZED CALLS PAGE 7 ITEMIZED CALLS PAGE 5 NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT 89 3 5 1148A BUTTE MT 406 792 9393 1 1 .26 60 225 206P HELENA MT 406 449 3631 1 2 .40 90 3 5 1137A BUTTE MT 406 723 8262 1 1 .26 61 225 124P HELENA MT 406 442 2020 1 3 .54 91 3 5 10314 HELENA MT 406 442 2540 1 3 .54 62 225 118P BUTTE MT 406 792 0444 1 10 1 .52 92 3 5 857A HELENA MT 406 443 4228 1 5 .82 63 226 943A HELENA MT 406 442 9430 1 1 .26 93 3 5 1030A HELENA MT 406 443 4245 1 7 1 . 10 64 226 955A HELENA MT 406 442 9430 1 1 .26 94 3 5 1039A HELENA MT 406 449 2026 1 13 1 . 94 65 226 852A HELENA MT 406 442 9430 1 1 .26 95 3 6 1031A HELENA MT 406 449 3440 1 1 .26 66 226 1017A HELENA MT 406 449 3104 1 1 .26 96 3 6 953A HELENA MT 406 442 4840 1 3 .54 67 227 226P BUTTE MT 406 792 0444 1 1 .26 97 3 6 844A BOZEMAN MT 406 586 3748 1 3 .84 68 227 335P WHITEHALL MT 406 287 3506 1 2 .40 98 3 6 1010A HELENA MT 406 443 6030 1 6 . 96 69 227 910A HELENA MT 406 933 5660 1 3 .54 99 3 6 1016A HELENA MT 406 933 5659 1 8 1 .24 70 227 208P HELENA MT 406 443 2140 1 5 .82 ' ;•j 100 3 9 330P HELENA MT 406 442 7830 1 1 .26 71 227 840A HELENA MT 406 442 9430 1 6 . 96 101 3 9 1153A PAYETTE ID 208 642 2491 1 2 .82 72 227 148P HELENA MT 406 933 5659 1 20 2. 92 - N 102 3 9 1031A HELENA MT 406 442 2540 1 3 . 54 73 3 2 1102A HELENA MT 406 442 0230 1 1 .26 103 3 9 351P HELENA MT 406 442 4966 1 13 1.94 74 3 2 1059A HELENA MT 406 449 3104 1 3 .54 -- 4 B 293 68 9999 0506 81 AA -- 4 B 293 68 9999 0506 81 AA • ' 406 225-4211 MAR 13 1981 H • ITEMIZED CALLS PAGE 8 • NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT 104 3 9 357P HELENA MT 406 442 9523 1 15 2.22 105 310 148P BILLINGS MT 406 245 8989 1 9 3.34 106 310 342P HELENA MT 406 443 7250 1 11 1 .66 107 310 157P BILLINGS MT 406 259 4548 1 13 4.78 108 310 956A HELENA MT 406 442 9430 1 22 3.20 109 311 126P HELENA MT 406 442 0230 1 1 .26 110 311 1159A WARM SPGS MT 406 693 2221 1 1 .32 111 311 I45P WARM SPGS MT 406 693 2221 1 3 .68 112 311 240P WARM SPGS MT 406 693 2221 1 3 .68 113 311 149P WARM SPGS MT 406 693 2221 1 3 .68 114 311 113P WARM SPGS MT 406 693 2221 1 3 .68 115 311 338P WARM SPGS MT 406 693 2221 1 4 .86 116 311 1155A WARM SPGS MT 406 693 2221 1 4 .86 • 117 311 235P WARM SPGS MT 406 693 2221 1 5 1 .04 118 311 1055A HELENA MT 406 443 3738 1 14 2.08 -- 4 B 293 68 9999 0506 81 AA • • 406 225-4211 MAR 13 1981 H ITEMIZED CALLS PAGE 9 NO. DATE TIME TO PLACE TO AREA - NO. * MIN AMOUNT 119 311 152P HELENA MT 406 442 0230 1 15 2.22 120 312 1110A HELENA MT 406 442 4840 1 1 .26 121 312 834A WARM SPGS MT 406 693 2221 I 2 .50 122 312 910A WARM SPGS MT 406 693 2221 1 5 1 . 04 TOTAL OF ITEMIZED CALLS EXCLUDING TAX 122.51 • • TAXES-U.S. 2.45 STATE . 00 COUNTY . 00 CITY . 00 2.45 EXPLANATION OF * 1 DIAL STATION DAY RATE 3 DIAL STATION RATE INCL 60% NITE/WKND DISCOUNT . . . 15 OPERATOR STATION RATE -- 4 B 293 68 9999 0506 81 AA From the office of Pufrith 3.f. 1-1;a1Frtt! 446/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 September 11 , 1980 Mrs . Joanne McFarlane Clerk and Recorder Jefferson County Courthouse Boulder , Montana 59632 RE : Telephone bi l l Dear Joanne : I wish to acknowledge an additional indebtness to Jefferson County in the approximate sum of $500 . 00 for telephone bills which have been paid by the county due to the negligence of Mountain Bell in failing to accurately bill the 4211 and 4212 numbers . I will make every effort to see that this is paid off as soon as can reasonably be done . I have been after the phone company for over a year and a half to straighten out this problem and it has not been until a few weeks ago that they have finally straightened the billing procedure out . Sincerely , ' r ! f� �,�1 t •PATRICK F . FLAHERTY PFF : kah • • �.. From the office of illatrirk . . Jlalirrtu 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 January 23 , 1981 Applied Management Corp . 1938 Beltview Dirve Helena , MT 59601 Mr . Jack Williams Police Chief City of Helena Civic Center Bldg . Helena , MT 59601 Mr. Mike Lavin Crime Control c/o Attorney General ' s Office Capitol Bldg. Helena , MT 59601 RE : Budget Analysis Dear Gentlemen : I am interested in obtaining a performance survey and cost efficiency audit of the budget of the Jefferson County Sheriff ' s Department . George Pendergast with the Department of Community Affairs has highly recommended all three of you as having some expertise and experience in this area . Would you mind forwarding to this office and to our County Commissioners Office information you do have and what services you could provide in this regard . Please also furnish cost estimates for doing a proper job. Sincerely , • PATRICK F . FLAHERTY PF1- : kah cc : Jefferson County Commissioners PHONE: 312 679-7240 STATEMENT INVOICE NO AMOUNT GPS U050013-2 11.13 11.68 LIED OMAC®IFIFI 4 ! tC• LMA 3057514-2 16.43 3640 JARVIS AVENUE SKOKIE, ILLINOIS 60076 ACCT.NO. 59632 ATTRNCOUO 6/19/81 4 SOLD TO: ATTORNEY COURTHOUSE BOULDER MT 59632 AMOUNT DUE 39.24 AMOUNT IMPORTANT ENCLOSE THIS STATEMENT WITH I ENCLLOS D PAYMENT FOR FULL CREDIT TO YOUR ACCOUNT INVOICE NUMBER INVOICE ATTENTION NAME DESCRIPTION AMOUNT DATE U050013-2 02/24 PAT 1 GOURMET PAN SET PAST DUE 11.13 1039749-7 03/17 5 COMMUTER CUP PAST DUE 11.68 3057514-2 05/01 PAT T I LCD DIGITAL QUARTZ W PAST DUE 16.43 PLEASE PAY TOTAL AMOUNT DUE 39.24 TD COMMODITIES, INC. 59632 ATTRNCOUO .640 JARVIS AVE. SKOKIE, IL 60076 LTD CCMMCDITIES, lNC. PHONE 679-7240 3640 WEST JARVIS AVE - INTERNATIONAL MARKETING SPECIALISTS- SKOKIE. ILLINOIS 60076 - IMPORTERS & EXPORTERS OF GENERAL MERCHANDISE - BEFORE TURNING YOUR ACCOUNT OVER TO OUR ATTORNEY, WE WANT TO MAKE SURE THERE IS NO MISTAKE. Dear Customer: Please read this letter carefully. It concerns a matter of greatest importance to you — Protecting your personal credit rating. Although we have written to you repeatedly about the PAST DUE amount shown on the enclosed statement, you have ignored our payment requests. Now — unless we receive payment immediately —we will assume that you do not intend to pay. Our only recourse then is to take legal action. It seems to us that you should much prefer to settle this claim in an amicable way —and thus save yourself the possibility of unnecessary extra costs. Your account has now been designated for referral to our attorney. We are giving you this final opportunity to clear up your account. If there is any question about the amount PAST DUE, please let us know at once. Otherwise, we will expect your payment immediately to forestall final action. Yours Truly, L. Esters Manager — Special Collections P.S. Please return the enclosed statement, which shows your account and invoice number,along with your payment. D x= JEFFERSON COUNTY :. i w CLERK RECORDER l,F-?tT `- ,.', �� JOANNE P. McFABLANE o tit r c ou�der, Montana 59632 County ARLA Clerk and Recorder Y Y� .. w Deputy ,,,, -^( August 6, 1981 COMMISSIONERS: tom' v Leslie J. Sodorff,Cbairman,Clancy Delbert M. Bullock, Basin r .' 'g • +a Glen A. Stevens, Whitehall A i e John Matthews, Atty. Central Services Dept. Department of Justice 303 Roberts Helena, Montana 59620 Dear Mr. Matthews : Enclosed, please find all the papers concerning the resignation of Patrick Flaherty, County Attorney for Jefferson County, the resolution making it a full time position and the appoint of Cecil L. Woodgate as full time Jefferson County Attorney. Hope I haven't left anything out of this package, but if I did, please call . I am assuming that you will be contacting Mr. Woodgate regarding the part of his salary paid by the state. Thank you! Sincerely, 0 AV' , %,� 'fferson County Clerk and Recorder JEFFERSON COUNTY R CLERK 4:: V� � RECORDER JOANNE P. MCFARLANE + 411, III.odder, Montana 59632 County Clerk and Recorder CARLA MATLACK s �r. Deputy ir` tr, August 3, 1981 COMMISSIONERS: J :.. -:ti. `_ ., rte". Leslie J. Sodorlf,Cha rman, Clancy T. ,� Delbert M.Bullock,Basin ,1.-z - Glen A. Stevens, Whitehall Patrick F. Flaherty, Atty. Boulder, Montana 59632 Dear Pat: The Board of County Commissioners of Jefferson County have received your resignation as County Attorney, effective August 3, 1981, at 5:00 o'clock, P.M. and have accepted the same. We wish to extend our best wishes to you in your private practice. Sincerely, Board of County Commissioners Jefferson County, Montana Cniairman,' ,. t/ Commissioner , ,-- /Commissioner LJS/jm 1 IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, 2 IN AND FOR THE COUNTY OF JEFFERSON. 3 4 STATE OF MONTANA, No. 1023 5 Plaintiff, 6 vs. C3 = � ' ;! - MEMORANDUM AND ORDER 7 PATRICK F. Fr AMM, JUL 13 '=.i i 8 VIOLA M. T.^.E :N C^! ", Defendant. B DEPUTY Btortn-LNF ' lJ_ ;hc.tr 97[ 9 10 Charged by information with the crime of official misconduct under Section Il 45-7-401(1) (a) (b) and (c) , defendant has timely moved for dismissal (Section 12 46-13-102) on four grounds specified in the motion. The matter has been fully briefer 13 argument has not been requested and the notion is deemed submitted. 14 The first ground stated is that the affidavit submitted in support of the 15 special prosecutor's notion for leave to file the information was insufficient. (It 16 should be noted in passing that it appears fran the record that the only A 17 information was contained in the affidavit.) The thallange made is appropriate and 18 dismissal may be granted on the ground asserted. Bradanan v. District Court, 172 M 24 19 To properly move a district court to permit the filing of an information it 20 must appear fran the affidavit or otherwise that there is "probable cause" to believe 21 an offense has been committed by the defendant (Section 46-11-201) . In 1903 Mr. 22 Commissioner Poorman made a declaration that has echoed resoundingly down through the 23 years: 24 "obtaining leave to file; an information without a previous 25 examination of the accused before a committing magistrate is not a mere perfunctory matter which should be granted as of 26 course, but rests in the sound discretion of the district judge, upon the showing made to him at the time." 27 State v. Martin, 29 M 273, 275; Juhlv District Court, _107 M 28 309, 312, Revised Commission Comment—Section 95-1307, RCM, 1947; McKenzie v. District Court, 165 M 54, 61. 29 As pointed out in Juhl, supra, pg. 365, and in 41 kit Jur 2d, Section 25, obtaining 30 leave to file an information is an old Damon law practice not followed in most other 31 states and in the federal courts. 32 The definition of the term "probable cause" as applicable to the institution of SW; •uSLISMIMO CO. M[L[M1,MOMT. 1 pr'osecut.tcxus wwS 1xz coed by Montana frail New York or California. In Neville v. 2 Mullen, (1922) 63 M 50, 59, the Court borrowed from Burt v. Smith, 181 N.Y. 1, 2 Ann. 3 Cas. 576, 73 M.E. 495, the definition that has been adhered to most consistently: 4 "Probable cause is the knowledge of facts, actual or 5 apparent, strong enough to justify a reasonable man in the belief that he has grounds for prosecuting the 6 defendant in the manner amplained of." 7 It also borrowed from Rnuno v. Williams, 162 Cal. 444, 122 Pac. 1082: 8 "Probable cause for a criminal prosection is, in effect, the concurrence of the belief of guilt with the existence of 9 facts and circumstances reasonably warranting the belief." 10 These definitions were approved in Wong You v. District Court, 106 M 347, 352, 353 11 (an arrest warrant case) which was in turn picked up in Pinsoneault v. District Court 12 145 M 233, 239 (an information sufficiency race) . The criminal code =mission 13 coined, perhaps inadvertently, its an definition: 14 "The application must be complete in itself, and contain such salient facts as will allow the district judge to make 15 an independent determination that an offense has been ccamitted." (See footnote to Section 95-1301 RCM 1947) . 16 A 17 They might usefully have appended the words "by the defendant." This definition 18 suggests the judge might withhold his permission until he is satisfied there is a 19 prima facia c se. This clearly is what is required for a grand jury presentation: 20 "The grand jury shall find an indictment when all of the evidence before it taken together, if unexplained or un- 21 contradicted, would in its judgment warrant a conviction by a trial jury," (Section 46-11-331) 22 23 ($pile I believe that "a mere probability" is sufficient probable cause for arrest 24 or search warrants (State v. Miner, 169 M 260, 264 interpreting for Montana 25 Spinelli v. u; S. , 393, U.S 416, 89' S.Ct, 584, 21 L Ed. 2d 637. See also State v. 26 Troglio, 157 M 22, another search warrant case dealing with rules set out in Aguilar 27 v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L Ed. 2d 723) , mere should be required, 28 as in the case of the grand jury, for the institution of prosecutions either by 29 preliMinary examination or by the filing of an infcamation. For that purpose, I 30 would define "probable cause" as "A combination of facts and circumstances which, 31 standing alone and unchallenged, would convince a reasonable person, fully informed 32 on the law, that the defendant had ar pitted the crime sought to be charged beyond ,VOLIOMINO CO. M[LIMA.MONT. -2- a reasonable doubt." I would define the tern in this manner for the reason that the 2 facts presented upon an application for leave to file an information are presumably 3 the essential facts in the prosecution's case in chief. If these facts are in- 4 sufficient to withstand a motion made for dismissal at the close of the state's case 5 in chief then the prosecution is ill-founded, unjust and a waste of the court's 6 scanty resources.) For use in a malicious prosecution suit, "probable cause" has 7 been defined as " . . . only such a state of facts and circumstances as would lead a 8 careful and conscientious man to believe that the plaintiff was guilty." Rickman v. 9 Safeway Stores, 124 M 451. The standard set and adhered to in the U. S. Supreme 10 Court for arrests and searches aril seizures is " . . . facts and circumstances 11 sufficient to warrant a prudent man in believing that the suspect had committed or 12 was committing an offense." Gerstein v. Pugh, 420 U.S. 103; 43 L Ed. 2d 54, 64; 95 13 S. Ct. 854. In that case, the court held that the Fourth Amendment " . . . requires 14 a judicial determination of probable cause as a prerequisite to extended restraint of 15 liberty following arrest." (43 L Ed. 2d at p. 65) , Perhaps that court would apply 16 its definition of probable cause to Montana's intonation filing procedure. ' 17 Whatever "probable range" may be as it relates to the granting of permission 18 to file an information, I would accept the lead of The Criminal ('rime Revision 19 Content, supra, and examine the affidavit of Jefferson County's three commissioners 20 as presented by the special prosecutor to determine if, within its four corners, it 21 contains such salient facts as would justify an independent determination that an 22 offense has in fact been committed. The salient facts set forth are: 23 November 2, 1980, a transformer located in Basin was damaged by gunfire. The 24 incident was investigated by the sheriff, who concluded the damage was caused by a 25 particular juvenile. A full report of the investigation was turned over to the 26 defendant by the sheriff's office at sane time not specified in the affidavit. March 27 25, 1981, the defendant filed a petition in Youth Court charging the youth named by 28 the sheriff with being a juvenile delinquent by reason of having committed the offense 29 of criminal mischief. 30 The commissioners stated they were informed and believed that prior to 31 November, 1980, and until the time of their affidavit, April 20, 1981, the defendant 32 was attorney for the parents of the youth in a civil matter, They also alleged that .WLISNING CC. ENA."ONT. -3- HEL 1 there were, during this time, communications between the defendant and the parents 2 about possible criminal (juvenile) proceedings against their son, and that prior to 3 the filing of the juvenile petition against the son the defendant disclosed to the 4 parents the entire investigative file on their son's case and told than he would not 5 file a petition against their son if he would enter the military or leave the state. 6 The official misconduct charged in the affidavit is specified generally in 7 terms of the statute " . . . purposely or negligently failing to perform any mandator 8 duty as required by law, knowingly performing an act in his official capacity which -'sr 9 he knows is forbidden by law, and with the purpose to obtain advantage for himself 10 and another; to wit, [the youth] . 11 County attorneys are required generally to " . . . institute proceedings 12 before magistrates for the arrest of persons charged with or reasonably suspected of 13 public offenses when he has information that such offenses have been ccnmitted . . ." 14 (7-4-2712) . Under the Youth Court Act (41-5-301) , the probation officer is charged 15 with initiating proceedings. Upon determining that such action is appropriate, he 16 may refer the matter to the county attorney for filing a petition charging the youth 17 to be delinquent youth or a youth in need of supervision (41-5-301 (5) (c)) . If the 18 county attorney does not file a petition the probation officer is charged with 19 informing the complainant and victim, if any, of that fact, and advising him of his 20 right to submit the matter to the county attorney for review (41-5-301(7)) . "The 21 county attorney, upon receiving a request for review, shall consider the facts, 22 consult with the probation officer, and make the final decision as to whether a 23 petition shall or shall not be filed" (my emphasis) . It appears from the affidavits 24 that the adult probation officer referred the matter to the defendant: "He [the 25 defendant] further informed [the"parents] on or before March 25, 1981 [the day the 26 petition was filed] that he was receiving pressure from Allan Jones, Adult Parole and 27 Probation Officer for Jefferson County, Montana, to initiate proceedings against [the 28 youth] . . . " There is nothing in the affidavit suggesting that any kind of 29 probation officer advised the complainant or victim of the failure of the county 30 attorney to file the petition or of his right to require. the. 00uunty attorney to review 31 and finally decide whether a petition should be filed, 32 There is nothing in the Youth Court Act mandating that the county attorney, STATE -4- SVELISMINO CO. HELENA.MONT. 1 upon receiving information of possible delinquent conduct, file a petition charging 2 the youth, immediately or at any time. On the contrary, the act's "Declaration of 3 purpose" (41-5-102) suggests just the opposite. The first three parts of that 4 section provide as follows: 5 "The Montana Youth Court Act shall be interpreted and construed to effectuate the following express legislative 6 purposes: " (1) to preserve the unity and welfare of the family 7 whenever possible and to provide for the care, protection, 8 and wholesome mental and physical development of a youth caning within the provisions of the Montana Youth Court Act; 9 " (2) to remove from youth cannitting violations of the law the element of retribution and to substitute therefor a program of supervision, care, rehabilitation, and, in 10 appropriate rages, restitution as ordered by the youth court; " (3) to achieve the purposes of (1) and (2) of this section 11 in a family environment whenever possible, separating the youth 12 frrm his parents only when necessary for the welfare of the youth or for the safety and protection of the axmnmity; " 13 Pursuant to these aims, the probation officer is authorized, prior to the filing of a 14 petition, to enter into a consent adjustment with the youth and the parents if 15 counseling and advice without filing a petition woull be in the best interests of 16 the child and the public (Section 41-5-401(I) (b)) . Although not specifically re- 17 quired or authorized by the statute, it would seam that the county attorney, elected . 18 to enforce the laws, would have an appropriate role in making a determination as to 19 whether the youth should be proceeded against formally by petition or whether the 20 case should be handled by consent adjustment. I think it would be generally 21 acknowledged that such a role is assumed by county attorneys throughout the State of 22 Montana, many of wham approve of the consent adjustment in writing. After the 23 determination is made to resort to informal adjustment, a broad range of remedial 24 dispositions may be resorted to (41-57403) , many of which involve the parents. 25 Even after the filing of a petition, the Court may suspend the formal 26 proceedings and place the youth under supervision under terms negotiated with the 27 probation service and agreed to by " . . . all necessary parties." (41-5-524(1)) 28 In my view, and practice, one of the necessary parties to such an agreement is the 29 county attorney, who retains the right, upon his awn discretion, tp reinstitute the 30 )?prat prangs. (41-5-524(3)) 31 Clearly, then, a county attorney does not have a mandatory duty to proceed 32 with dispatch. to adjudication in a juvenile proceeding in the same manner that he is .r.,. -5- •V OM Co. NsuNA.Morn. 1 required to do in an adult case. Full disposition of the race may be made without 2 adjudication or even the institution of formal proceedings. If the county attorney 3 elects to proceed formally by filing a petition there is no particular deadline he 4 must comply with in doing so, except he must proceed within five days against any 5 youth in detention, (41-5-301(6)) There is nothing in the affidavit suggesting the 6 youth in this case was ever detained. In any event, the final decision as to 7 whether and when formal proceedings will be undertaken in a juvenile case is clearly 8 within the discretion of the county attorney. There being no mandatory duty, the 9 first allegation set forth in the affidavit ( not set forth in the information except 10 by section reference) that the defendant violated Section 45-7-401(a) by 11 ". . . purposely or negligently failing to perform any mandatory duty as required by 12 law . , ." cannot be sustained by the evidence set forth in the affidavit. 13 • As to the allegation, again made in the affidavit and not in the information, 14 that the defendant violated sub-part (b) of the statute by. " . . knowingly perform- , 15 ing an act in his official capacity which he knows is forbidden by law . . .", 16 there is nothing in the affidavit to sustain the charge. Neither the Court nor the 17 defendant are advised by this allegation just what forbidden act the defendant 18 knowingly performed. Drawing the worst inference possible from the affidavit's 19 recitation of purported facts, one might guess that the county attorney delayed the 20 filing of a petition bee-Ans. the youth in question was the son of the defendant's 21 clients. Not a single fact, other than the purported existence of the attorney- 22 client relationship, is offered in support of the inference. The fact is that the 23 affidavit states that the attorney-client relationship still existed when the 24 I defendant filed the petition. The affidavit, on its face, discloses the defendant 25 was holding up on the filing of the petition while an attempt was being merle to get 26 the th into the military foxy service. Fegretably, there are county attorneys, 27 probation officers, juvenile judges and even recruiting officers who believe the 28 armed services should be used as reform schools. While one ma y disagree with this 29 approach, there is nothing that I. am aware of that Oakes it illegal, One cannot tell 30 from a reading of the affidavit how long the defendant had the military service 31 disposition in the works, but a matter of months would not be surprising, in this 32 Court's experience, Even less acceptable, in our view, is disposition by forcing the STATE •USLI•MIMO CO. -6- M[lZM•.MOMT. 1 youth to leave the state, which the affidavit alleges was an alternative .to 2 military service. Giving the youth a "floater" may be unconstitutional, it is 3 certainly unconscionable, but it is not illegal, insofar as we are advised. If 4 there was an attempt to make such a disposition, it would not be surprising if it 5 did not cause considerable delay in the proceedings. Thus there is no case made in 6 the affidavit, taken on its face, that there was undue delay in filing the petition 7 or that either the delay or the attempted disposition were illegal, much less that 8 the defendant, with his presumed legal expertise, knew they were illegal. 9 Finally, it is alleged in the affidavit, not in the information, that the 10 alleged illegal act was performed " . . . with the purpose to obtain advantage 11 for himself and another; to-wit, [the youth] . • . ." It doesn't suggest what 12 advantage was intended to be gained by the defendant. Again, one can only infer the 13 defendant might have seen delay as a means of retaining the parents as civil clients, 14 but the inference is again singularly lacking in any supporting facts other than the 15 purported existence, prior to the offense and after the filing of the petition, of 16 an attorney-client relationship. That, I would hold, is no basis at all to'support 17 a criminal charge. 18 For the above reasons, it is not possible to conclude a rase is stated by the 19 inferential allegation in the affidavit that the defendant delayed filing of the 20 juvenile petition because he was retained as civil counsel for the youth's parents. 21 Nor is an offense stated upon the allegation that the defendant disclosed to 22 the parents the report of the investigation of their son's alleged misconduct. Long 23 before Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L Ed. 2d 215 (1963) required 24 it, the Montana statute (46-15-302(2) ). required prosecutors to disclose to the 25 defendant everything they may have, accusatory or exculpatory, which may be material, 26 relevant, and necessary to the preparation of the defendant's case. (Disclosure of 27 "work product" is unnecessary, but the affidavit is silent as to whether such 28 material was disclosed) . I am sure that In Gault, 387 U.S. 1, 87 S. Ct. 1428, 29 18 L Ed. 2d 527 (1967) would require extension of the Brady right, supra, to 30 juveniles. Thus if it is true that the defendant opened his prosecutorial file to 31 the parents of the alleged youthful offender, as alleged in the affidavit, he was 32 not only not breaking the law but was doing only that which the parents could legally •U•LIOHIHO CO. -7- H OLOHI.MONT. I insist upon. 2 We hold, then, that while the allegations set forth in the affidavit may, if 3 true, raise some questions of legal ethics, they are not sufficient to support a 4 conclusion that there is probable cause to believe that an offense has been 5 comcitted by the defendant. (46-11-201) 6 The second ground stated for dismissal is that the information fails to state 7 an offense. 8 A criminal charge must state facts constituting the offense in ordinary and 9 concise language and in such manner as to enable a person of common understanding to 10 know what is intended. (46-11-401) The information in this case sets forth sane of 11 the facts alleged in the affidavit, not all of them. But, as noted before, all of 12 the facts in the affidavit, taken together and deemed true, would not constitute an 13 offense. The information here does not even charge in the words of the statute, it 14 simply cites the statute, and even if the words of the statute were recited there are 15 no facts set forth to substantiate the allegation that the statute was violated. 16 The information does not in fact inform as to the nature of the crime chargedtnd 17 the basic facts upon which the prosecution relies. State V. Coleman, 177 M I, 579 P2d 18 732. It must be dismissed for that reason. 19 The third ground for dismissal is that the statute under which the defendant 20 is charged (45-7-401) is unconstitutional on its face and as applied beaten*. of its 21 vagueness and because in depriving the defendant of the emolument provided by 22 statute the defendant is deprived of due process of law. Upon briefing, it bevies 23 clear that subsection 4 of the section is the target of defendant's attack; it 24 provides: "A public servant who has been charged as provided in subsection (3) may 25 be suspended from his office without pay pending final judgment." Subsection (3) 26 requires that any action under the section must be commenced by the filing of an 27 information after leave granted by the district court or by grand jury indiclnr,it. 28 There is nothing vague about the statute: Once the information is filed the 29 court can suspend the defendant's pay, This is a, Statute of raze siMplicity and 30 brevity; it is not the least bit ambiguous and requires no construction or 31 interpretation, In operation, the only possible question is whether the judge will, 32 in fact, suspend the pay, •UNLISHINO CO. -8- HEI.tM.,,MONT. 1 The statute provides adequate due process. The offense is a misdemeanor 2 (subsection (2)) , yet prosecution for it cannot be instituted by complaint, as is 3 usually done in misdemeanor cases. The char T must be examined for probable 4 cause by either a district judge or a grand jury. An order to suspend without pay 5 is not final, thus it does not, by itself, deprive the defendant permanently of 6 anything. The deprivation comes only after full adjudication of defendant's guilt. 7 If these is an acquittal the defendant is restored to office and he is entitled to all 8 back pay (subsection 4) . There is no deprivation of due process and we are 9 referred to no authority that even suggests there is. 10 The final ground for dismissal is that there has been undue delay in 11 defendant's first appearance before a magistrate, in his initial appearance and in his 12 arraignment. First appearance, initial appearance and arraignment were delayed in 13 this case by substitution and attempted disqualification of judges by the defendant. 14 The defendant was never arrested or otherwise detained and took no action, other 15 than that related to judges, prior to the time of his arraignment. There is no 16 statutory time within which these appearances are to be made, but certainly they 17 must be mode in a "reasonable time," which, of course, is foreshortened by detention. 18 Inasmuch as most of the delay in this case is attributable to the defendant I would 19 hold that it is not unreasonable. 20 For the reasons stated above, the motion to dismiss the information is 21 (RANTED, the motion to reinstate Patrick F. Flaherty as Jefferson County Attorney 22 is GRANTED and it is hereby ORS that all back pay due him as such officer be 23 fully paid forthwith. 24 Dated this 21st day of July, 19$1. 25 26 27 District J ..e, presiding 28 cc to; FATE OF MONTANA, 1 County of Jefferson. ' 29 John H, 3 t U e, ^ ' 1 hereby certify that the instrument to Box 488 which thus e rt.irc!:. s a'fxe I. , 59759 d is a final 30 Whitehall, Mt„ and c;:v ^:.rd ;:dry of the original file m the ,-)ft r? tike Cerk of the 31 Gregory A, Jackson, Esq„ r:t Cnert. • Arcade Building, 3D It!ws 32 Helena, Mt, , 59601 cc. ,.i or the �• cccry this certified copy to .rU.-32._day J f of_ r2,.. S JEFFERSON COUNTY COMMISSIONERS ..5' .VSUwfna<o. — - .»••`^»+••r.1•"^ tt..IRE IN HIELMI .,aar. CI Ot tha Uis'irict CObrt._ f Deputy Clerk, d < -' - JEFFERSON COUNTY c.� . , , CLEMIM RECORDER "'' + a. .-,:---- ..,,--4:, JOANNE P. McFARLANE • e.11-.,.A e ' toulder, Montana 59632 County Clerk and Recorder 11 CARLA MATLACK m 4L& -• rrr ur i itl} Deputy ,c-1 �1i aayy -11— `'t„rTy `:,. - COMMISSIONERS: r y, .%,"-^14;14. Leslie t Bullock Basin, Clancy y Delbert M.Bullock,Basin � �'� i n t} Glen A. Stevens, Whitehall ft -1' a • ' April 2, 1981 Mrs. Joanne P. McFarlane County Clerk and Recorder County Courthouse Boulder, Montana Dear Mrs. McFarlane: The Board of County Commissioners of Jefferson County have /Nerd directed that no Deputy County Attorney can be mode without their explicit approval. We are therfore taking this means to direct you, as the Payroll Officer for the County of Jefferson, that you will not take application for employment, or sign anyone up for the County payroll without our approval and consent. Yours truly; l� Sd lie J. Sodorff, Cha n Commissioner ,I .7 . (Az. 11\ ssioner i / Board of County Commissioners LJS/DMB/GAS by JJ CM) NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN HELENA BRANCH: P.O. BOX 1731 / HELENA, MONTANA 59624 PHONE (406) 442-1050 February 25, 1983 Jefferson County Commissioners Jefferson County Courthouse Boulder, MT 59632 RE: 0/Insured Jefferson County 0/Claim # 10-12819 0/Policy # CLA/0553156 Subject Patrick F. Flaherty, plaintiff vs. Jefferson County et al Gentlemen : I 'm writing this letter in regards to the above captioned summons and complaint naming you as defendant. The complaint has been delivered to the law firm of Keller, Reynolds , and Drake, 38 South Last Chance Gulch, Helena, Montana, for defense . I believe that law firm has been in touch with you regarding the defense of this matter. Please be advised that Northwestern National Insurance Company is entering the defense of this case under a Reservation of All Rights and Defenses as enumerated in their policy of insurance. Any further investigation conducted or defense assumed shall not be considered as a waiver or estoppel of any of our rights or defenses under the policy. This Reservation of Rights is being served because of the following reasons. The policy of insurance provides the following coverages : Coverage A - Personal Injury Liability Coverage B - Property Damage Liability The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of: a) Personal Injury or b) Property Damage to which this insurance applies, caused by an occurence . Personal injury is defined in your policy as : 1 ) Bodily injury, sickness, or disease including death at any time resulting therefrom or if arising out of the foregoing mental anguish and mental injury and Patrick F. Flaherty vs . Jefferson County et al February 25 , 1983 Page 2 2) false arrest, detention, imprisonment, or malicious prosecution sustained by any person which occurs during the policy period. Occurence is defined in your policy as "an accident including continuous or repeated exposure to conditions which result in bodily injury or property damage neither expected nor intended from the standpoint of the insured. " Exclusion J under your policy excludes personal injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury. As you know, the complaint is voluminuous and much of it leaves a question in a reader ' s mind as to the intent outlined in the various causes of action. Several of the allegations in the complaint allude to actions that were taken while Patrick Flaherty was, in fact, an employee of the County of Jefferson. Coverage would not exist relative to these allegations . In addition, many of the allegations in the complaint allude to liable, slander, and defamation of character, none of which are covered under the terms of the policy. Many of the allegations allude to actions that were taken by the defendants that were allegedly outside the course and scope of their employment of their respective positions with Jefferson County. Any activities so conducted, under a personal venture, are not covered under the terms of the policy. The policy only covers employees, elected officials , etc. of Jefferson County while acting in the course and scope of their employment with Jefferson County. Punitive damages are asked for in the complaint. Please be advised that it is the position of Northwestern National Insurance Company that punitive damages are not coverable under the terms of their policy. Please be advised that the policy of insurance carries a limit of liability of $1, 000, 000. 00, and the complaint specifies and asks for damages well in excess of those limits . Northwestern National Insurance Company, in the event of an adverse verdict, cannot pay in excess of those limits . Any excess verdict would Patrick F. Flaherty vs . Jefferson County et al February 25, 1983 Page 3 be the responsibility of the various defendants. Many of the allegations specify that the actions of the defendants were willful, malicious, oppressive, and conspiritorial in nature and as such do not meet the definition of occurence as defined in your policy and set forth earlier in this letter. Several of the allegations of the complaint allude to willful violation of the plaintiff ' s civil rights : these allegations are not covered under the terms of the policy since they do not meet the definition of occurence and they do not constitute either personal injury or property damage as defined in your policy. Because of these reasons I feel that it is my duty to advise you that, although the attorneys employed to defend you in this case will do everything in their power to conduct the defense in your behalf without any consider- ation to the above policy defenses, you may still want to consider employing a personal attorney to represent your interests not covered under this policy. If you choose to employ such an attorney, those expenses must be paid by you. Northwestern National Insurance Company will assume the cost of the defense provided by the law firm of Keller, Reynolds, and Drake. Should you have any questions at all concerning the defense of this matter, please do not hesitate to contact me either by phone or by letter. My toll free telephone number is 1-800-332-6105 . y truly yours, ,;' J• 1m-r 0. Carlson Cla ' s Manager e -THWESTERN NATIONAL - INSURANCE COMPANY JOC/dab cc : Jefferson County Attorney FNI Insurance Agency- Boulder J / Jefferson County Attorney Jefferson County Courthouse Boulder, Montana 59632 406 - 225-4211 January 17 , 1983 Mr. Brian Armitage First National Insurance P . 0. Box 65 Boulder , MT 59632 Dear Brian: Enclosed please find a copy of a Summons and Complaint which was served upon some or all of the nanacu county defendants in the matter of i>atrid _ El.itert_r v . Jefferson County et al . , Federal Court Cause ?co . CV-83-3-BU . It appeJrs from the praeer for relief that this action is one which falls within the purview of the county ' s liability insurance and we would appreciate your handling the matter accordingly and arr./miinc for the defense of this action to the Hi . .a !1 I its o - jf i ;L- . vc PIP a call . ,jar '. '. .1 PC cc : • ]JY'" CYaim No. 2130 Your bill must be itemized on this form. ]]°� nn Be sure tr show date or dates of purchases. , ,�� il Make sep...ate claims for items to be paid Warrant No from different funds. FUND JEFFERSON COUNTY, DR. Name 2448.... 1 _ `- . key No. Account Amount Address .0 Ss_ r3ua CLAIMANT: I,aL ipuntications I Inc. ��,.� + 900�j�' 118 Q` $, Beverly DxiVe 410100 Connissioners For ADDRESS: 4121°2 ustice Court DATE or DATES $jllite 300 410532 Independent Audits �f of Purchases or eles CA 9Q035 AMOUNT 10540 Treasureyy $..tfri ....3/._.Filed ,/off Lao / ervices Rendered CITY: Ia03k :An9 rlosso Clerk & Recorder-Acct. I have carefully examined 4106 Elections 4109 Clerk 8 Recorder-Record. \/ the within account and refer U" L ri 11r1, ✓Cf the same to the Board of • 1 " �/s1 ' " ""+in. --- A '' County Commissioners. 11/15/7 ) " state •fin in. 1411600 rintendent L, 500 E120 Tickler Redd td sets 19 50 X201 � Grants i Approved for $ *Z..3., 420230 Care of Prisoners 5 E119 LPI Telephon e Memo Message Books 19 /5 T,'"'" '� erase nisei owed $ T2073° C �4?0800 ■Coroner ■ / ' • 430300 Ai •ort :oar. o -a / ounty Clerk & Recorder 440400 -M areal Health vu ..�• � — are o. Tnsane _l_ { I�/' i . ' PUtY 3d6S co of Abuse 3 j • v . ' J 6 ',450206 Veteran's Service 1' • 5103 Unallocated Costs Allowed on General Fund -- $.4'( s��- 4 430200 Highways Allowed on Road Fund $ __-% . V— 3/1i \ 430270 She j ^� y 1 .1 �,eyor Allowed on Poor Fund S- r r ,b-- t/ ,// 2 O6 450110 Welfare Admin. Allowed on Bridge Fund $--- .---- , l ) a Shipping i � ,y' r 1, � 1 .I - 450131 Phones& Postal, Co. Phy. All on Fund S ailsillargEMSNII Y' 450131 Phone Posts e 1 W 1 '. . -rgency iu' Da ... ........._....�_..._ ___._.. a, S' i ( � / 430244 Bridges / j–�',� Char .�L ,/ ' �6- 's/ �4311° Weed .i f Fwd-!w. rn-e-..., ! i .0�i ,L,;�LE.a- 4C../ ..-A.44.1 t< ,�i'1'L�,�'` i 440600 Predatory Animal � � —�i The undersigned says: That Amount of Bill 41, 31 460240 Fairs A' t / // J 410300 District Court D _ ,n P ec—r, Federal Tax 420100 R.S.-Sheriff he is YV an ....00J For value received I hereby (Comp any or Corporation) -�"c. State Tax ' " NMWMMS T�� assign right, title and .I II .- urses gn mY the claimant mentioned herein Social Security 440140 R.S.-sanitarian interest in this claim, and states the above amount ent 46°10° Library Retirement amounting to is correct, just, and due. Re 411030 Planning JAN 51980 Insurance 4s0300 Senior Citizens ! .$ 450400 County Agent Amount Disapproved 420800 uk vehicle b40700 'los9uito Control to SIGN HE Zr I� Amount Approved 430800 solid waste L V - - - _'-- '--- ® e AL P� 3/ of 'J ALL BILLS MUST BE FILED ON OR BEFORE THE 26TH OF EACH MONTH, OR PAYMENT Signed MAY BE DEFERRED UNTIL THE FOLLOWING MONTH. THESE BLANKS WILL BE FURNISHED BY THE COUNTY AUDITOR. Witness it- . e ' ^'i - ^^'' 1 p ^ fl t 'i•=i^i"( Th"4 '�rrc '. c, -14-01. de-r N:Ontana. 505 Flaherity, Pat 2/10— 2/13 1 30/1 Jefferson County Attorney g • . Box 677 •�id;:7j� Boulder M.T. BC/JT Cash 1405 CURTIS 51 • DENVER. CO 80202 (3031571-0300 ` 088521 DATE REFERENCE CHARGES CREDITS BALANCE 1 • ---- PICK VP \ 2 i(U..I J" - - J.. c. L 4 7L 1 L.. PIG.:;E 5" SL.�S 7. s. ` 32.25 5 :-tC; , -,�1, y. .' , ' 32.15 ' 32.;5 - 6 9 ;uE3 70.: - Ilk I i 0 L TD I T 'V r. ,: . .A J. J 13.1s 12 - � • :. 1C':.2 g- 104.63 • 105.63 4'' 14 V� - 14, : 1 D. V 105 1 G5.L3 ., IG:, r ,s lni 5,. L; 13-- 76 • r.:,.... :I^ LI' '�' 137.0 1_:.� .. .CO 18 19 20 i 21 22 23 ■ BILL TO ATTN 505 3o ADDRESS i !� SIGN SW JAIIIIMIIIIIIIIIIIIIIIIIIIIIIIII SIGNATURE W . 2.25 25\ I AGREE TH MY LIABILITY FOR 11-115 BILL IS Na WAIVED AND AGREE TO BE HELD PERSONALE LIABLE IN THE EVENT THAT THE INOICATE0 PERSON.COMPANY OR ASSO • CIATION FAILS TO PAY FOR ANY PART OR THE FULL AMOUNT OF THESE CHARGES • I I '' Your bill must be itemized on this form. / Claim No. 2876 Grain show date or dates of purchases. e 2576 Hake separate claims for items to be paid Warrant No, from different funds. FUND / Y JEFFERSON COUNTY, DR. Name l�.. 1G. S ?LAM . i K y Ho. Accow t Ainott Address CLAIMANT: Patrick F. Flaherty {n./ ���qq�� �j�� � 410100 Justice l,� .,,d-GI,PM.TC�N'(� DATE or DATES ADDRESS: 410140 Independent Court For. OV.. Jefferson County Courthouse 410532 Independent Audits of Purchases or AMOUNT 410540 Treasurey ervices Rendered CITY: Boulder, Montana 410650 Clerk ERecorder-acct. $1.Z.1.51.ve Filed,._... 2 examined ll .. 3fi6 Elections I have carefully examined I 1109 Clerk E Recorder-Record. the Within account and refer Prosecutors Worksho • in Denver 1" «A� ttorne I!l/L�7L the same to the Board of �I 411 „ uperi Admin.Februar 10, 11, 12 1980 111500 'state Admin. County Commissioners. 431600 Siq�erintendent r ' � 4201 Sheriff Grants Approved for $ ("774 ^�� . - I 420230 Care of Prisoners • ' A10600 Civil Defense Di a proved $ � l 520230 FMS I / • - gr. .; 4'.0800 Coroner ((�` � � � �1.� (., I A • I� 00 430300 Airport �lz(.ltn/.�.-� ,f..6•..L-G.. Q.�q,/ �,�, VP' I a4ei6e of of Health ounty Clerk & Recorder ` ' I a 440400 Mental Health ! . - .. 228 . 00 ,. , are o Tnsane l//,I�ai �/ eputy $- 44aS 'cold Abuse • ' - - - 129 . 88 450200 Veteran's Service ! Y 3103 .Unallocated Coats Allowed on General Fuld -- $., ......_ Meals 40 . 00 430200 ■Hi ays Allowed on Road Fund 43027• Shp Milea. e to and from Boulder to Air•ort in , „ - ,meyo,. Allowed on Poor Fund $ . - - , . a n a , i I �L°�fF.i7l:.tJi, a� Allowed on Bridge Fund --- $. , SESSION! Total : 553 08 450131 _ Al on hand $ __ man"��� Total divided in half e•uals _ ' rgcnq +r oat _ 430244 Bridges - . -YJ 7 � l� ' _ 43110 Weed 440600 , Predatory Animal IOW,The undersigned says: That Amount of Bill 460240 Fairs = j �/ 410300 District Court � — _•t _i — he is Federal Tax --(Company or Corporation) ' State Tax 420300 —R.s.-Probl Parole For value received I hereby the claimant mentioned herein "' `urses assign my right, title and Social Security 440140 —R.S.-Sanitarian and states the above amount — interest in this claim, is correct, just, and due. Retirement 4501ee -Libra ing —I— amounting to _ Insurance 430300 —, -nior Citizens $ 3Si5-fii own A-ent Amount Disapproved .:,, awn 'e ice �_; SIGN HERE. 440700 bs•uito Centro] to �R Amount Approved INNS i:ii i. ^uste — ''• i W 19 AL of ALL BILLS MUST BE FILED ON OR BEFORE THE 26TH OF EACH MONTH, OR PAYMENT liatrirk .R. Itallrrtll 'No weapon that is and every tongue that formed against you accuses you in judgement shall prosper Luunselar at 'Caul you will condemn" is 54:17 Boulder, Montana 59632 (406) 225-4212 April 27 , 1981 Mr. Cecil L. Woodgate, Esq. Jefferson County Courthouse Annex Boulder, MT 59632 RE: Letter of April 23rd, 1981 Dear Mr. Woodgate: Regarding the vouchers that indicate the items listed below: 1 box 17734 2-153CR Smead 1 box 17534 2-153COR Smead 1 box 17034 2-153CBE Smead 20 810 Tape 2 pkg. #653 Post it notes 2 pkg. #654 Post it notes 4 Acco Fasteners 3 doz. Berol Markers 1 Heavy duty black stamp pad 1 Acco Fasteners 1 Bostich b 8 stapler We did not remove any of these items from the office. The first 3 items are the colored filing folders which are in the library. The tape is in the tape dispenser on the secretaries desk. The post it notes are in the library. There are 2 boxes of Acco fasteners in the top drawer of the secretaries desk. All the markers and pens are in the library. The heavy duty black stamp pad is on the secretaries desk. And the stapler is the tan colored one on the desk in the deputy' s office. Mr. Cecil L. Woodgate, Esq. Page 2 April 27 , 1981 If you have any further questions please feel free to conta the undersigned. 2d4a4Sincerely, PATRICK , PFF:kah From the office of Vutrirh 7. Jlttlirrtp 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 September 11 , 1980 Mrs . Joanne McFarlane Clerk and Recorder Jefferson County Courthouse Boulder , Montana 59632 RE: Telephone bill Dear Joanne : I wish to acknowledge an additional indebtness to Jefferson County in the approximate sum of $500. 00 for telephone bills which have been paid by the county due to the negligence of Mountain Bell in failing to accurately_bill the 4211 and 4212 numbers . I will make every effort to see that this is paid off as soon as can reasonably be done. I have been after the phone company for over;.a year and a half to straighten out this problem and its haitnot:` been until a few weeks ago . that they have finally.strlaig"htened the billing procedure out , Sincerely , 't` PATRICK F. F RTy ty- PFF : kah .� From the office of . futrick , . 31?lul1ettp 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 March 17 , 1981 MEMORANDUM : TO : Jefferson County Commissioners FROM : Patrick F . Flaherty, Jefferson County Attorney RE : William Wayne Koski , Norman Sweet and Request for Special Deputy County Attorney Dear Commissioners : This memorandum is sent in response to our conversation of March 16th, 1981 and the letter which you issued to myself on that date and which you admitted is an inappropriate letter. I have just completed a conversation with Cecil L . Woodgate and with Mr . J . D. Carlson regarding the -defense of the Sweet and Koski matters . In reference to the Norman Sweet matter the insurance carrier has contacted Keith. .Keller to defend the matter. Mr . Keller will be filing an ` appropriate motion to .d -smiss i n,_the near .future . I 'have agreed to cooperate to' the';;fullest extent possible =with the insurance carrier so -that ;the county will achieve the best possible defense of 'this claim. Accordingly , Mr. '.Keith Keller will be the_,spokesman for the county and the defense - of this matter. The coutlty4 s interestsin the Norman Sweet lawsuit are adequately protected and there, is no need for the employment of special deputy county attorney to handle this matter . • The official position of the insurance carrier is that they have no obligation to defend until a lawsuit has been filed in the Koski matter . If a lawsuit is filed the insurance carrier will defend . It should be noted however that the insurance carrier will defend this case with a reservation of rights against the county . The insurance policy does not cover civil rights actions (42 USC 1983) , intentional acts and suits for excessive force. MEMORANDUM : Page 2 March 17 , 1981 The foregoing grounds would be the basis for the suit filed by Mr . Koski . I have previously advised the Commissioners in writing and orally that the county ' s insurance policy was antiquated . I do hope that the lesson we learn from the Koski case is that we get adequate insurance because it is becoming more and more fashionable to sue county governments for violations , especially the 42 USC 1983 violations . I did discuss the matter of the offer in compromise which I wrote to Brad Belke , the attorney for William Koski . This letter is no problem as it is an offer in compromise and is inadmissable in a suit for damages . Furthermore , the first attorney for William Koski , Steve Moses , informed me that Koski ' s damages were minimal and for that reason he was withdrawing from the case . Although the insurance carrier has no formal obligation to enter an appearance and defend at this time , Mr . Carlson informs me that he is attempting to pursuade Mr. Belke that the filing of a lawsuit will cost him in the area of $50, 000. 00 to prosecute and that it would be a flaky if not frivolous case to file . I have agreed to cooperate with Mr. Carlson in the defense of the Koski case , and should a suit be filed I will defer to the insurance carriers attorney for the representation of this case so that the county may defend it with one voice and this will save confusion and duplication of effort . I understand your respect for Mr . Woodgate and the security that he gives you . However , I view his employment as your independent special attorney as a waste of county funds , a duplication of effort and possibly an expenditure of funds in contravention of statute. Therefore , your request for my concurrence in his employment is respectfully denied . Sincerely , PATRICK F . AHERTY PFF : kah ' • From the office of , Patrick , . fflntlertU 40 .o/...„ 5-421 1 JEFFERSON COUNTY ATTORNEY Boulder, Montua 5%32 March 17 , 1981 Y MEMORANDUM : TO : Jefferson County Commissioners Jefferson County Sheriff Joe Miller , Justice of the Peace FROM : Patrick F . Flaherty, Jefferson County Attorney RE : Office Policy Dear Gentlemen : In the interest of justice and efficiency all requests for legal work shall be directed to myself as County Attorney . Deputy Cecil L . Woodgate is not to undertake independent legal work and advice unless it is with the expressed approval of myself . Your cooperation in this regards would be appreciated . Sincerely , / -P N 1- (k1 PATRICK F . FLAHERTY PFF : kah cc : Cecil L . Woodgate • jJatrich ±F. ihrirt riu From tha c, JEFFERSON COUNT% A.'110::::i Boll!kr, ! Jo ita;ia ;.:, .? March 12 . 1981 • Y' MEMORANDUM : TO : Cecil L . Woodgate FROM: Patrick F . Flaherty , Jefferson County Attorney RE : Employment termination Dear Woody : This letter has 3 purposes . The first purpose is to thank you for all the help you have given to myself, this office and to the County . The second reason writing the agreement wereachedin our �discussion s to in writg durinngtthe weekiof March 2nd , 1981 . I advised you at that time that your employ- ment as a deputy county attorney would no longer be proper and I am terminating your employment as my deputy effective March 31st , 1981 . If you would like written reasons for this action , I would be happy to put them in writing as well . The third reason in writing this letter is to ask that you prepare memorandums of policy for your successor and myself. I am particularly concerned for a status report of the Marion Opitz rape investigation case. You have been handling this for approximately 9 months and we still donot have a complete investigation provided to this office . I would like the investigation completed or at least a complete update as to this before the 31st . Secondly, I would like as much as can be done via update report on the status of the Whitehall High- school v. Martel Construction et al . lawsuit . It may be that when the case finally goes to trial I would ask the commissioners for their approval to hire you as ad hoc special counsel . • . if MEMORANDUM Page 2 March 12 , 1981 I hope that you understand this decision is made for purely professional considerations and I trust that it will do nothing to interfere with the enjoyable personal friendship we have cultivated over the past couple of years. Sincerely , • PATRICK F . FLAHERTY PFF : kah Office of PLEASE DO NOT REMIT POSTAGE STAMPS CLERK AND RECORDER Jefferson County BOULDER, MONTANA, 2-9 I9.8.1 M Pat Flaherty Boulder, Mt . 59632 To JOANNE P. McFARLANE Dr. Clerk and Recorder The Fees of this Office belong to Jefferson County and MUST BE PAID IN ADVANCE. -7"ire4-<; 7::/2 di-t 4161 - 1 dee-ser:e- e d�"ri 4 . 24 pr Hr. fee $63. 60 February 10, 1981 After Consulting with Cecil WOODGATE, Deputy Co. Atty, it is our- opinion that this is a county billing due to the fact that any person charged has a right to testimony concerning the charge: From the office of putrick J. itutiertu 406/225-4211 JEFFERSON COUNTY ATTORNEY Boulder, Montana 59632 February 11 , 1981 Mrs . Joanne McFarlane Clerk and Recorder Jefferson County Courthouse Boulder , MT 59632 Dear Joanne : We have a hearing in the lawsuit against Harold DeMers for the illegal receipt of county funds and Harold is contending that the suit is improper because he was on his own personal business at the request of his friend who happens to be the Sheriff of Powell County . Can you determine from your records if during that time in question Harold or his Deputies submitted a claim for meals , travel or mileage? Can you find any information that would show Harold was on county business in some fashion or other ? Sincerely , i / I \ 1 i i ,;,w, PATRICK F . FLAHERTY PFF : kah 11athitk s1' • 3fla1prtj No weapon that is and every tongue that formed against you ((T 'i accuses you in judgement shall prosper �l1ln � ���� .1a111 you will condemn." is. 54:17 Boulder, Montana 59632 (406) 225-4212 July 9 , 1980 Jefferson County Commissioners Jefferson County Courthouse Boulder , Montana 59632 RE : Use of Fairgrounds and Recreation Area Dear Commissioners : Shirley Vossler has asked myself to act as the unofficial spokesman for the Western Week-end group. Would you please set aside funds from the county budget earmarked for the fairgrounds recreation project an amount equivalent to what the county will be spending for the Madison County/Fairgrounds. Sincerely, '//\ . . • • . • , , PATRICK F . FLAHERTY PFF kah cc Shirely Vossler • • atrtrk ,F. 1a� rxtg The Lord God has that 1 may sustain given me o learned tongue (ruuttsrtur at Kam the weary with a word Isaiah 50.4 BOULDER.MONTANA 59632 1406)225-3233 September 6 , 1979 MEMORANDUM: TO : Joanne McFarlane , Jefferson County Clerk and Recorder FROM: Patrick F. Flaherty, Attorney at Law RE : Telephone bill Dear Joanne : In attempting to review the telephone records which I have, I believe that all my private calls (which I have asked to be billed as to number 225-4212) have been paid by the county and that the telephone company is not billing myself for those phone numbers . I do receive a small amount of service charge for my own phones , but I am not receiving a bill for my long distance calls . It is too hard for me at this point to figure out the precise dollar amount I would owe the county, but I would estimate that bill to be in the neighborhood of $700. 00 . By this letter I am acknowledging that debt to the county and expressing the fact that I will make that payment to the county. I am financially at a low ebb right now, but will be making a payment as soon as I am able. Si 7R1 / r PATRICK F. FLAHE•R'i`Y Attorney at Law PFF :kah _ From the office of 1 atrirlt _ J1 tterty JEFFERSON COUNTY ATTORNEY "-Not by appearance shall He fudge, 406/225-4211 but He shall Judge the poor with justice, Boulder, Montana 59632 and strike the ruthless with the rod of his mouth." January 15 , 1980 Mrs . Viola Trettin Clerk of Court Jefferson County Courthouse Boulder , Montana 59632 RE : Lonnie Challeen/Cause No . 4055 Dear Babe : I have reviewed the order entered by Judge Gordon Bennett on November 21st, 1979 directing that JeNitteriaten County pay all the costs of the Respondent ' s mentaeh treatment . Please:,," pay that order pending a resolution by myself and t ey gener_ office . , � ,O 7 � T " Sincerely , '''s -----. ---: -_--,-.1:. . .I, ,,,_ 4,/ 1 , C i_ �� r .E. PATRICK F . FLAHEliTY �' ■ .=. �- ,' r Jefferson County Attorney P F 4 �t (' r r 1 j :; °w err *. _ ; v� RS i }Y1 •tx 4 zn r F '; ■ s' ,� ��.. 1 A. ' ate I 1 1 L— r _may i. !r brraivsw'r"a�+r"'°.`w.�t-� `O6'�- 4 wa: ,t,i, r t�A if{ty ''VIOLA �Yi �t ;; ;:t'Jerk t li, -- . .-- DEPJTYt • SENDER: Complete items 1,2,and 3. Add your address in the"RETURN TO"space on 3 reverse. I The following;service is requested (check one). Show to whom and date delivered. 0 Show to whom,date,and address of delivery. ..__E 0 RESTRICTED DELIVERY Show to whom and date delivered �e (l RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$�� (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: Patrick Flaherty, County Attorney m Box 677 El Boulder, Montana 59632 Z 3. ARTICLE DESCRIPTION: m REGISTERED NO. CERTIFIED NO. INSURED NO. m � + cti. .c'\ \ , ! (Always obtain signature of addressee or agent) 2 I have received the a ttEIe descriud . .. e. SIGN UR Ad ress•e • uthon.-4 • t y 4. DATI"oF • LIVERY POSTM RK O Z 5 ADDRESS (Complete only it re sled) f1 m 6 UNABLE TO DELIVER BECAUSE. CLERK'S m INITIALS C •k GPO, 1918-212-392 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE Print your name,address,and ZIP Code in the space below. USE TO AVOID PAYMENT OF POSTAGE.5300 • Complete items 1,2,and 3 on the reverse. �r • Attach to front of article if spate permits.Otherwise U.S.MAIIL affix to back of article. rMlNINO"A f • Endorse article"Return Receipt Requested"adja- cent to number. RETURN III TO 0 at /( e Board of County Commissioners t� (Name of Sender / Jefferson County _ / - -ff j (Street or P.O.Box) Boulder, Montana 59632 (City.State,and ZIP Code I — — UNITED STATES POSTAL SERVICE • OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY TO AVOID ID A'PAYMENT Print your name,address,and ZIP Code in the space below. USE TO AVOID GE,taCO -41* • Complete items 1,2,and 3 on the reverse. Of POSTAGE,5300 - Attach to front of article if space permits.Otherwise U.S.MAWL affix to back of article. rmmum a.� • Endorse article"Return Receipt Requested"adja- cent to number. • RETURN TO Board of County Commissioners (Name.1 Senders Jefferson County (Street or P.O.Box) Boulder, Montana 59632 (C'ity,State,and LIP Code) • SENDER: Corm;Ile items t,2,and 3. Add your address in the"RETURN TO"space on reverse. I The foltowin4;service is requested (check one). ✓ ❑ Show to whom and date delivered ❑ Show to whom,date,and address of delivery ____4 34 0 RESTRICTED DELIVERY Show to whom and date delivered —c O RESTRICTED DELIVERY. Show to whom,date,and address of del ivery.$.____ (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: Harold DeMers, County Sheriff Boulder, Montana 59632 Z 3. ARTICLE DESCRIPTION; rn REGISTERED NO CERTIFIED NO. ( INSURED NO. rn 7.6 ` q 15 i m (Always obtain signature of addressee or agent) • I have receive t article scribed above. m SIGNATU70 / Add e 0 : rtho ed:•ent cn DATE OF DELIVERY POSjJIMARK ( 6 ! j •f r )" 5. ADDRESS 1Complete only if requested) a m ." 6. UNABLE TO DELIVER BECAUSE: "w�/CtEjjttK'S A �/��y►Ayt�IALS GPO: 1918•272-382 No. . 9 151 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO Harold DeMers, County STREET AND NO. Sheriff P.O.,STATE AND ZIP CODE Boulder, Mt. 59632 POSTAGE $ CERTIFIED FEE Y 4 W• SPECIAL DELIVERY RESTRICTED DELIVERY r ¢ O • W w SHOW TO WHOM AND DATE iy g DELIVERED Cg X H rn SHOW TO WHOM,DATE,AND co) 6 a ADDRESS OF DELIVERY d O V SHOW TO WHOM AND DATE oc O o Z DELIVERYD WITH RESTRICTED N O SHOW TO WHOM,DATE AND • + it,- ADDRESS OF DELIVERYJNI ¢ °C RESTRICTED RY cv ~ TOTAL POSTAG IIb'lEES POSTMARK e COMMISSIONERS: ` ' _ JEFFERSON COUNTY JOANNE P. McFARLANE Vicent M.Capp,Chairman,Whitehall County Clerk and Recorder Leslie J.Sodorff,Clancy CLERK and RECORDER CARLA MATLACK Delbert M.Bullock,Basin Deputy Boulder, Montana 59632 January 22, 1981 • Honorable Michael T. Greely Attorney General State Capitol Helena, Montana 59601 Re: Request for Prosecutorial and investigative Assistance Dear Mr. Greely: As you know, recent criminal charges have been filed against William Spainhower, III in connection with a charge of Sexual Inter- course without consent. It has come to our attention that there are several allegations that have been raised in connection with the investigation of that alleged offense. We have been made aware of accusations that have been leveled against the parties to the investi - gation, specifically the county attorney and the sheriff. We therefore request the assistance of the County Prosecutor Services Bureau and the Criminal Investigation Bureau to assist with the investigation and possible prosecution of the above case and any other criminal case which may arise out of the investigation and pro- secution of that charge. All other criminal cases would remain the obligation of the sheriff and county attorney of Jefferson County. If your bureaus can assist us, we will prepare a formal commissioners' resolution. Sincerely, �r ✓� sl ie J. vtodorff, Chairman Jefferson County, Montana ■ 1 / Commis ,Yon cammi ss i oner sm cc: Patrick Flaherty, County Attorney cc: Harold Defilers, County Sheriff ,\ January 22 , 1981 Honorable Michael T. Greely Attorney General State Capitol Helena, Montana 59601 Re: Request For Prosecutorial And Investigative Assistance Dear Mr. Greely; As you know, recent criminal charges have been filed against William Spainhower, III in connection with a charge of Sexual Intercourse without consent. It has come to our attention that there are several allegations that have been raised in connec- tion with the investigation of that alleged offense. We have been made aware of accusations that have been leveled against the parties to the investigation, specifically the county attor- ney and the sheriff.-(r We therefore request the assistance of the County Prosecutor Services Bureau and the Criminal Inves- tigation Bureau to assist with the investigation and possible prosecution of the above case and any other criminal case which may arise out of the investigation and prosecution of that charge. All other criminal cases would remain the obligation of the sheriff and county attorney of Jefferson County. If your bureaus can assist us , we will prepare a formal commissioners resolution. Sincerely, STATE OF MONTANA DEPARTMENT OF JUSTICE COUNTY PROSECUTOR SERVICES BUREAU 303 Roberts,Helena,Montana 59601 l406)449-3816 January 28 , 1981 Mr. Glen A. Stevens Mr. Leslie J. Sodorff Mr. Delbert M. Bullock Jefferson County Commissioners Jefferson County Courthouse Boulder, Montana 59632 Re : Investigation Of Allegations Associated With The Case of William S2ainhower , III Dear Commissioners : The Attorney General has directed this office to provide such assistance as may be needed in the aforementioned case . Enclosed is a resolution to be executed by the Jefferson County Commissioners appointing myself and Karen S . Townsend as special deputy county attorneys and authorizing us to assist. The Legislature, when the County Prosecutor Services Bureau was created, conditioned our ability to assist upon the qualifica- tion that the requesting agency would bear one-third of the cost of providing personal services. As a result, Jefferson County will be obliged to pay twenty-five dollars ($25. 00) per hour for each hour of personal services rendered. Travel , meals , lodging, secretarial assistance, investigative assistance and all other incidental expenses will be borne by the State of Montana. Assurances are given that duplication of services will not occur. If you have any questions , please don' t hesitate to contact me. Sincerely, CIA.. " MARC F. RACICOT Assistant Attorney General Bureau Chief County Prosecutor Services Bureau Enc. • 8 411' STATE OF MONTANA ATTORNEY GENERAL MIKE GREELY \II ."l I IIII\\ \II)\IA\5:'fnil II L1"FH)Nk JIM!414-_O�h 29 January 1981 Mr. Patrick F. Flaherty County Attorney Jefferson County Boulder , Montana 59632 Dear Mr . Flaherty : In a letter dated January 22 , 1981 , and received January 23 , 1981 the Board of County Commissioners for Jefferson County requested this office to provide investigative and prosecutorial assistance in connection with a criminal case pending in Jefferson County involving William Spainhower , III and certain accusations arising out of this matter leveled against the county attorney and sheriff of Jefferson County . On January 26 , 1981 , I directed the County Prosecutor Services Bureau of the Department of Justice to provide the assistance re- quested by the Board of County Commissioners. On January 28 , 1981 the Board was notified of my directive and provided with a resolu- tion appointing Marc F. Racicot and Karen S . Townsend as special deputy county attorneys for Jefferson County. On January 29 , 1981 the County Commissioners executed the resolution appointing special counsel. Also on January 29 , 1981 , after notification of the execution of the- aforementioned resolution by the Board , the County Prosecutor Services Bureau, in its capacity as special deputy county attorneys for Jefferson County, requested investi- gative assistance from the Criminal Investigation Bureau of the Department of Justice. Copies of relevant documents are attached for your information. As a result of the acceptance of the obligation to provide investi- gative and prosecutorial assistance , and pursuant to the supervi- sory powers vested in the office of Attorney General I am con- strained to issue the following directives in order to conduct an independent inquiry and assure an equitable disposition of this matter. As Attorney General of the State of Montana, I hereby order: 1 . ) That you immediately transfer all responsibility for the investigation and prosecution of the case involving William Spainhower , III and other accu- sations arising out of that matter to the County Prosecutor Services Bureau and Criminal Investiga- tion Bureau of the Department of Justice; PATRICK FLAHERTY 29 January 1981 1 Page 2 411 410' 2. ) That there be no further contact with any poten- tial witnesses in this matter by you in your offi- cial capacity as Jefferson County Attorney; and 3 . ) That you immediately surrender to Karen S. Townsend, upon receipt of this letter , all official files and other documents bearing upon the case of William Spainhower, III and upon any of the allied accusa- tions involving the county attorney and sheriff of Jefferson County. I am exercising the supervisory power vested in the office of the Attorney General with some reluctance . However , I am convinced that doing so is a necessary prerequisite to assuring an effective, impartial and independent inquiry into this entire matter . Very truly yours, MIKE GREELY Attorney General cc : Board of County Commissioners , Jefferson County Harold DeMers, Jefferson County Sheriff County Prosecutor Services Bureau Criminal Investigation Bureau , c-Pe Loft 1 I , eucu-'1,-(1_ ,a1,4# 4 L rn1ti ti Sti QM ��/G '.2tet 1 jt 2 rrc (a) ! C.7nnL"..... ,xnc2 s td / -,Z I-4i- aft 1. .aa 1, /0•"0 a /� n /r29 J/ �� . l�,tl-��,_/ ._1,7 I roti ,- iii (3) �. II ;9/17&�cvr.ee t e 4,,C- yki-s ez20 6-42-L , ii Hc,71:42- 02/15_45nt-z/ .,2b, /5-- / rl I13r: ji,X, % awas,,, - .44w 4 wlt 1 COMMISSIONERS: JEFFERSON COUNTY JOANNE P. MCFARLANE Vicent M.Capp,Chairman,Whitehall County Clerk and Recorder Leslie J.Sodorll,Clancy CLERK and RECORDER CARLA MATLACK Delbert M.Bullock.Basin Deputy Boulder, Montana 59632 January 22, 1981 Honorable Michael T. Greely Attorney General State Capitol Helena, Montana 59601 Re: Request for Prosecutorial and Investigative Assistance Dear Mr. Greely: As you know, recent criminal charges have been filed against William Spainhower, III in connection with a charge of Sexual Inter- course without consent. It has come to our attention that there are several allegations that have been raised in connection with the investigation of that alleged offense. We have been made aware of accusations that have been leveled against the parties to the investi- gation, specifically the county attorney and the sheriff. We therefore request the assistance of the County Prosecutor Services Bureau and the Criminal Investigation Bureau to assist with the investigation and possible prosecution of the above case and any other criminal case which may arise out of the investigation and pro- secution of that charge. All other criminal cases would remain the obligation of the sheriff and county attorney of Jefferson County. If your bureaus can assist us, we will prepare a formal commissioners ' resolution. Sincerely, lie J. 'odorff, Chairman Jefferson County, Montana Comm' (sioner vr missioner sm cc: Patrick Flaherty, County Attorney cc: Harold DeMers, County Sheriff COMMISSIONERS: JEFFERSON COUNTY JOANNE P.McFARLANE County Clerk and Recorder Leslie J.Sodortt,Clancy,Cho,R norxl CLERK and RECORDER w'A MATLACK Delbert M.Buttock.Basin ten R Stever>s, cciptf it Boulder, Montana 59632 JANUARY 29, 1981 PATRICK F . FLAHERTY JEFFERSON COUNTY ATTORNEY BOULDER, MONTANA 59632 DEAR PAT: YOU ARE HEREBY ADVISED THAT AS JEFFERSON COUNTY ATTORNEY YOU ARE NOT AUTHORIZED TO APPOINT OR EMPLOY ANY . PERSON TO ACT AS SPECIAL COUNSEL OR DEPUTY COUNTY ATTORNEY ON BEHALF OF JEFFERSON COUNTY WITHOUT THE EXPRESS WRITTEN , APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS . YOURS TRULY; SLIE J . SODORFF, CHA "MAN BOARD OF COUNTY COMMISSIONERS COMM �I0. ERR y , ' / f •OMMISSIONER LJS/JJ COMMISSIONERS: JEFFERSON COUNTY JOANNE P.McFARLANE County Clerk and Recorder Lelliert.S°°°;'aC eg CFI'rR man) CLERK and RECORDER DAR'A MATLACK (1±(71 A 'or d�n c, tchh t:PU l l Boulder, Montana 59632 JANUARY 29, 1981 HAROLD R . DEMERS JEFFERSON COUNTY SHERRIFF BOULDER, MONTANA 59632 DEAR HAROLD: YOU ARE HEREBY ADVISED THAT AS JEFFERSON COUNTY SHERIFF YOU ARE NOT AUTHORIZED TO APPOINT OR EMPLOY ANY PERSON TO ACT AS SPECIAL COUNSEL ON BEHALF OF JEFFERSON COUNTY WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS . YOURS TRULY; • SLIE J / SODOR F, CH MAN BOARD OF COUNTY COMMMISSIONNER COMMIS : •NER Co 411 -‘0Z- -1-1-0-kci ' ISSIONE� LJS/JJ ReTEHD R - Ma2cfk, n 198 / The Pos fhis Special n 15 fort fh e 13oa.2d o f Coaouf y' COmniSSic/ueJaS --o appoint I- e g a l Co tt r) se i R � pR € s€ n - i n9- Jef-fe2soti Cou. it vin -the S � inuoluin 1-he 1,310 -te % alL .5cftooL _ Ca `� d 0 -Ehett:11Leceat ma ueC P -to n 1eecs { © - - J ef- eizsoxv coUntt . - FC2<eo/c--t_______ haiemcw, (3oa,ed of CA4nf Ct comp-7 i5Si0N Et S COMMISSIONER MEETING January 29 , 1981 Board of County Commissioners met in Special Session , present were Leslie J . Sodorff , Chairman , Delbert M . Bullock , Commissioner , and Glen A . Stevens , Commissioner . Board met with Harold DeMers , Jefferson County Sheriff, Tom Dawson , Under Sheriff , and Patrick F . Flaherty , County Attorney . Other interested personsthat were present at this meeting were Vern $u.+nter_ ni Brian Armitage , Joe Miller and Will Spainhower . Leslie J . Sodorff , Chairman called the meeting to order . At 10 : 03 AM a Resolution to appoint Marc F . Racicot and Karen Townsend of the Attorney ' s General to assist in the investigation and prosecuting that is deemed appropriate and necessary in the William Spainhower, III case . There was also two letters written , one to Harold DeMers , Sheriff , and Patrick F . Flaherty , County Attorney . The letters stated that neither DeMers or Flaherty could employ special counsel or deputy county attorney without special written permission of the Board of County Commissioners . The Attorney General ' s office was notified of the signing of this resolution at 10 : 20 AM . Board Adjounred : There being no further business,t the Board Adjounned . Dated this 29 day of January , 1981 . Chairman , Board of Courft, Commissioners i ommis . • ner .mmissioner ATTEST : h�°�n;�s•:,, Clerk and Recorder • • 1 RESOLUTION 2 Whereas, the Jefferson County Commissioners have requested 3 prosecutorial and investigative assistance concerning the inves- 4 tigation of various allegations surrounding the case of William 5 Spainhower, III; and 6 Whereas, it is desired' and deemed appropriate under the 7 circumstances, that a special deputy county attorney be appointed 8 to assist in the investigation and prosecution of the matters 9 surrounding the aforementioned case. 10 Now, Therefore, It Is Hereby Resolved: II That Marc F. Racicot and Karen S. Townsend, Assistant Attor- 12 neys General of the State of Montana, are appointed as special 13 deputy county attorneys of Jefferson County for the purpose of 14 assisting in any investigation and prosecution that is deemed 15 appropriate and necessary respecting the aforementioned case . 16 Be It Further Resolved : 17 That the Board of County Commissioners of Jefferson County 18 shall pay one-third of the cost of personal services rendered, 19 to-wit: Jefferson County will contribute twenty-five dollars 20 ($25. 00) per hour, including travel time, for the personal ser- 2) vices rendered by Marc F. Racicot or Karen S. Townsend. Travel , 22 meals , lodging, secretarial assistance, investigative assistance 23 and other incidental expenses will be paid by the State of Montana 24 and not Jefferson County. This resolution is conditioned upon 25 the assurance that duplication of services will not occur. Marc 26 F. Racicot and Karen S. Townsend are both appointed so that one 27 may act in the place of the other should such situation arise due 28 to conflicts with other cases. / 29 Dated this e day of , i .• a • 1981 . 30 L r 71 Chairman 31 / f � 32 ATTEST: STATE 0 Y7zd ata- Oeir PUBLISHING CO HELENA NON, lark ,and Recorder ' e •er Ply (c_.u, (( 0 +S (Cy • • „ 3 2_ •I • o�, ,.,1 ttk, ors. -�.�, 0.�. -Aviz �. A. 40 m.,... 5 .. • O a iii-' ” o-N^- ax+c?"'"- A c:-‘4"4-v-al- ( 44#—\' te.),,=.‘ . L. LiL14.1) ceiving said receipts must preserve one in his office and file the duplicate (2) A failure to do so subjects the officer to a fine of $100 and costs, to th the county clerk, whereupon the clerk must charge the treasurer with be recovered by the county attorney in the name of the state. e amount shown by the receipt. History: En. Sec. 4615, Pol. C. 1895; re-en. Sec. 3148, Rev. C. 1907; re-en. Sec. 4896, R.C.M. iistory: En. Sec. 4608, Pol. C. 1895; re-en. Sec. 3141, Rev. C. 1907; re-en. Sec. 4889, R.C.M. 1921;re-en.Sec. 4896, R.C.M. 1935; R.C.M. 1947,25-212. 11;re-en.Sec.4889, R.C.M. 1935; R.C.M. 1947,25-205. 7-4-2519. Prohibition upon receiving other fees. The officers 7-4-2514. Filing required to receive salary. The board of county named above may receive no other fees for any services performed by them mmissioners must not order the payment of the salary of any such officer in any action or proceeding or for the performance of any service for which itil he has filed the duplicate receipt with the county clerk, properly signed fees are allowed, and the party demanding or receiving any fees not herein • the treasurer, showing that he has made the statement and settlement for allowed is liable to refund the same to the party aggrieved, with treble the at month, required in this part, and filed the report prescribed in 7-6-2213. I amount as damages, in addition to the cost of suit. History: En. Sec. 4609, Pol. C. 1895; re-en. Sec. 3142, Rev. C. 1907; re-en. Sec. 4890, R.C.M. History: En. Sec. 4616, Pol. C. 1895; re-en. Sec. 3149, Rev. C. 1907; re-en. Sec. 4897, R.C.M. 11; re-en.Sec.4890,R.C.M. 1935; R.C.M 1947,25-206. 1921;re-en.Sec.4897,R.C.M. 1935;R.C.M. 1947,25-213;amd.Sec. 13,Ch. 443,L. 1979. 7-4-2515. Fees to be paid in advance. (1) The officers mentioned in 7-4-2520. Misconduct concerning official fees to result in is chapter must not in any case perform any official services unless the fees vacancy of office. Upon receiving a certified co escribe for such services are paid in advance. On such P g copy of the record of convic- il p payment, the offi- tion of any officer for receiving illegal fees or upon proof that the officer col- rs must perform the services required. For every failure or refusal to per lected fees and failed to account for the same, the board of count rm official duty when the fees are tendered, the officer is liable on his oar county commissioners must declare his office vacant and appoint his successor. ficial bond. History: En. Sec. 4629, Pol. C. 1895; re-en. Sec. 3162, Rev. C. 1907; re-en. Sec. 4911, R.C.M. (2) The county clerk is not bound to record any instrument, file any 1921; re-en. Sec.4911, R.C.M. 1935; R.C.M. 1947, 25-230. per or notice, furnish any copies, or render any service connected with his five until the fee for the same as prescribed by law is, if demanded, paid tendered. Part 26 (3) When any publication is required by law to be made by an officer of Office of County Clerk y suit, process, notice, order, or other paper, the costs of the same must first tendered by the party, if demanded, for whom such order of publi- 7-4-2601. Limitation on number of deputy county clerks. The tion was granted before the officer is compelled to make such publication. whole number of deputies allowed the county clerk must not exceed: History: (1)En. Sec. 4611, Pol. C. 1895; re-en. Sec. 3144, Rev, C. 1907; re-en. Sec. 4892, R.C.M. 11; re-en. Sec. 4892, R.C.M. 1935;Sec. 25-208, R.C.M. 1947;(2)En.Sec. 4422, Pol. C. 1895; re-en. (1) six in counties of the first and second classes; 3043, Rev. C. 1907; re-en. Sec. 4809, R.C.M. 1921; Cal. Pol. C. Sec. 4245; re-en. Sec. 4809, (2) three in counties of the third class; 2.M. 1935; Sec. 16-2915, R.C.M. 1947; (3)En. Sec. 4617, Pol. C. 1895; re-en. Sec. 3150, Rey. C. (3) two in counties of the fourth and fifth classes; )7; re-en. Sec. 4898, R.C.M. 1921; re-en. Sec. 4898, R.C.M. 1935; Sec. 25-214, R.C.M. 1947; (4) one in counties of the sixth and seventh classes. 7.M. 1947, 16-2915, 25-208,25-214. History: En. Sec. 1, Ch. 75, L. 1905; re-en. Sec. 3119, Rer. C. 1907; amd. Sec. 2, Ch. 93, L 1909; amd. Sec. 1, Ch. 119, L. 1909; re-en. Sec. 4875, R.C.M. 1921; re-en. Sec. 4875, R.C.M. 1935; amd. 7-4-2516. Fees not required in certain cases. No fees must be Sec. 1,Ch. 69, L. 1953; R.C.M. 1947, 16-3701(part). arged the state, any county, or any subdivision thereof, any public officer ting therefor, or in habeas corpus proceedings for official services rendered, 7-4-2602. Designation of chief deputy by county clerk. The :d all such services must be performed without the payment of fees. county clerk in counties of the first class may designate one of his deputy History: En. Sec. 4612, Pol. C. 1895; re-en. Sec. 3145, Rev. C. 1907; re-en. Sec. 4893, R.C.M. clerks as chief deputy clerk. II; re-en.Sec. 4893, R.C.M. 1935; R.C.M. 1947,25-209. History: En. Sec. 1, Ch. 53, L. 1909; re-en. Sec. 4876, R.C.M. 1921; re-en. Sec. 4876, R.C.M. 7-4-2517. Itemized receipt for fees. Every officer, upon receiving 1935; R.C.M. 1947, 16-3702. ty fees for official duty or service, may be required by the person paying 7-4-2603 through 7-4-2610 reserved. e same to make out in writing and deliver to such person a particular count of such fees, specifying for what they accrued, respectively, and must 7-4-2611. Role and duties of county clerk. (1) The county clerk of ceipt the same. If he refuses or neglects to do so when required, he is liable any county is also clerk of the county commissioners and ex officio recorder. the party paying the same in treble the amount so paid. Any duty imposed by law upon such officer, either as county clerk, clerk of History: En. Sec. 4614, Pot. C. 1895; re-en. Sec. 3147, Rev. C. 1907; re-en. Sec. 4895, R.C.M. the county commissioners, or recorder, shall be erformed by the county 21; re-en.Sec.4895,R.C.M. 1935; R.C.M. 1947, 25-211. clerk, and any official act performed or certified by performed county clerk shall be 7-4-2518. Statement of fees to be posted. (1) It is the duty of each as valid and effectual as if performed and certified to by him as clerk of the ficer entitled to collect fees to keep posted in his office a plain and legible county commissioners or as recorder. atement of the fees allowed by law. (2) The county clerk must: r , • VOLUME NO. 33 OPINION MO. �5 COUNTY COMISSIOiIERS - Supervisory powers over county officers; COUNTY OFFICERS AND EMPLOYEES - Supervisory powers of county `i commissioners over elected county officers; IIONTAINA COD;: ANNOTATED - Sections 7-4-2110, 7-4-2203, 7-6- 2114. HELD: 1. The supervisory power-of the county commissioners under section 7-4-2110, 2ICA, extends to all county executive officers ennunerated in section 7-4- 2203, :'CA. 2. The county commissioners, in the exercise of their statutory supervisory control over county Officers may assure that the officers fulfill their statutory duties, but may not assume control over the manner in which those duties are performed. 30 June 1980 J. Fred Bourdeau, Esq. Cascade County Attorney Cascade County Courthouse Great Falls, Montana 59401 Dear Jr. Bourdeau: You have requested my opinion on the following questions : 1. Does section 7-4-2110, _ICA, grant to the • board of county commissioners supervisory power over all public officials who hold county office? 2. That are the limitations on the exercise of the supervisory power granted in section 7-4-2110, MCA? • Your first question is answered by the statute. Section 7- 4-2110, MCA provides: . The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to: (1) supervise the official conduct of all county .. officers. . . ; (2) see that they faithfully perform their duties; and] (3) direct•prosecutions for delinquencies *** . (Emphasis added. ) 33/05/1 • I an aware of no authority for the proposition that the phrase "all county officers" means anything other than what it says, although a plausible argument can be made that the doctrine of separation of powers would prevent the board from exercising supervision over a judicial officer such as a justice of the peace. See Board of Commissioners v. Eleventh Judicial District Court, Pont. , 597 P.2d 728 (1979) . With h s po�ble exception, conclude that section 7-4-2110, IICA grants supervisory power over all county executive officers enumerated in section 7-4-2203, IICA. The I;ontana Supreme Court has not had occasion to speak on the extent of the supervisory power granted in section 7-4- 2110, 11CA. however, similar provisions have been enacted in other states, and decisions construing these provisions provide some guidance. Heller v. County Board, 71 Ill.App. 3d 31, 388 i1.23.2d 881 (1979))particularly i structive. IIeller was the supervisor of assessments for Jackson County. He brought an action for injunction to prevent the county board from interfering with the operation of. his office by attempting to alter his duties, establishing personnel policies, hiring employees and purchasing supplies. The trial court entered judgment for Heller, and the Court of . Appeals affirmed, holding that the general supervisory powers of the board were insufficient to allow the board to take over the day-to-day operation of Heller' s office. The court stated: The county board has both executive and legisla- tive function in its relationship to county officers. It has the power and responsibility to create salary classifications of general applica- bility for all county offices, elected or appointed, to the extent that it can require certain proficiencies for clerks and deputies by establishing salary schedules, may establish hours of work and other general guidelines and condi- tions of employment. It cannot, however, adopt . organizational charts and job classifications the effect of which is to divest the supervisor of assessments of the duties and functions vested in him by law enacted by the General Assembly nor may the county board perform his duties or direct the manner in which they shall be performed. 388 U.E. 2d at 885. Heller expresses what appears to be the general rule -- that the board may ensure that an officer performs his statutory duty, but may not require that that duty be performed in a particular manner, not specified by statute. Thus, in Hicks v. Orange County Board of Supervisors, 69 Cal.App. 3d 228, 138 Cal.Rptr. 101-71577T, the California Court of Appeals held that the board could not require a district attorney to perform his investigative function through the office of the sheriff-coroner. The same court held in People v. Langdon, 54 Cal.App. 3d 384, 126 Cal. Rptr. 575 (1976) that the board could not compel the county clerk to draw a jury panel from a particular geographic subdivison of the county. The view expressed in IIeller, Hicks, and Langdon is consis- tent with the view expressed by the 'iontana Supreme Court in Sim son v. Silver Dow County, 87 :tont. 83, 285 P. 195 930 . The question in Simpson was whether the county 38/35/2 . • could employ a "tax ferret:: to search out and identify taxable property not found on the assessment rolls. The court stated: It is beyond the power of the county board tc enter into a contract for services,the performance of which is cast upon a different official or board, and which has the effect of relieving the other of a duty imposed by law, or of usurping the functions of such other officer. 87 Ilont. at 91-2. The court found that the board, acting as county board of equalization, was empowered to assure that all taxable property in the county was reflected on the assessment rolls, and that the county assessor' s powers were therefore subordinate by statute to those of the board. The court held that the employment by the board of a tax ferret was not a usurpation of the assessor' s power. It is clear that the supervisory power of the board will not allow it to take over the day-to-day functions assigned by statute to another officer. However, the statute explicitly grants to the board the power to "see that [the officers] faithfully perform their duties. " To this end, the board may examine the operations of the various officers to assure that mandatory duties are performed. See Pillsbury v. Board of Chosen Freeholders, 133 M.J. Super 526, 337 A.2d 632 , 641 (197317--This power is explicitly recognized by statute in . regard to some officers. See, e.g. , section 7-6-2114 _`;CA, (county treasurer must allow board to examine books and accounts) . If the board finds that the mandatory duty is not being performed, it must take appropriate steps, such as an action in the nature of mandamus, to assure that the duty is performed. THEREFORE IT IS IIY OPIUION: 1. The supervisory power of the county commissioners under section 7-4-2110, ;ICA, extends to all county executive officers ennumerated in section 7-4-2203, "ICA. 2. The county commissioners, in the exercise of their statutory supervisory control over county officers, may assure that the officers fulfill their statutory duties, but may not assume control over the manner in which those duties are performed. Very truly yours, F rt_ DIKE GREELY // Attorney Genera fIG/CT/dc 33. 85.3 • RECEIPT FOR CERTIFIED MAIL-304 (plus postage) SENT i 0 POSTMARK _ U ZM. (,i 1 412. OR DATE STREET AND NO ap/.fal Jet A) P.O., STATE ZIP ODE Y) i 9 6°I - / u v i ® OPTIONAL SERVICES FOR ADDITIONAL FEES (V RETURN 1. Shows to whom and data delivered — 15d RECEIPT With delivery to addressee only 65d ,. , ® SERVICES 2. Shows ith delivery date addressees delivered 85¢ . DELIVER TO ADDRESSEE ONLY 50e 0 SPECIAL DELIVERY (extra Fee required) •• I Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL 9 6P0+ 1970 0-397-489 P 0 SENDER: Complete items I,2,and 3. cn d. Add your address m the"RETURN TO"space an reverse. Ir. I. The following service is requested (check one) n Eli Show to whom and date delivered c ▪ 4D Show to whom,date,and address of delivery - • 0 RESTRICTED DELIVERY Show to whom and date delivered -r fl RESTRICTED DELIVERY. Show to whom,date,and address of delivery.$_._,_ (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED TO: nu Q et4.10/ cri t!P._,..e. )-7C:i , 'f. ,I 9e7c i A Z 3. ARTICLE DESCRIPTION: m n � REGISTERED NO. CERTIFIED//NO. INSURED NO. a (Always obtain signature of addressee or agentl re m I have received the article describs4 above. mSIGNATURE Addressee [J Authorized agent x _ D x fr < n¢,m� /— nnatnC.l o' DATE Of DELIVERY ARK C l ..k1Af MT m O• S. ADDRESS (Complete only if request.. �� n I ,7 ] ,ti�el 7 1 S 6. UNABLE TO DELIVER BECAUSE: % d CL sue' 'Si I I� , D ' . ,�Z '' ,'r GPO: 1978-272-362 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE,$300 • Complete items 1,2,and 3 on the reverse. H • Attach to front of article if space permits.Otherwise • •affix to back of article. • Endorse article"Return Receipt Requested"ache- cent to number. RETURN II TO (hi ante of Sender) &La (Street or P.0.Box) (City,State.and ZIP(ode) • so so • SENDER: Complete items 1.2,and 3. Add your address in the "RETURN TO" space on 3 reverse. 0 1, The following service is requested (check one). Show to whom and date delivered 150 Show to whom, date, & address of delivery.. 354 7 L RESTRICTED DELIVERY. Show to whom and date delivered 650 0 RESTRICTED DELIVERY. Show to whom, date, and address of delivery 850 2. ARTICLE ADDRESSED TO: • —•)— 447 Cc A Z • c m 6 v i7 ,5-56 3� m 3. ARTICLE DESCRIPTION: REGISTERED NO. 7CERTIFIED NO. 5 INSURED NO. rrn ! F 5-6 Lam.__ (Always obtain signature of addressee or agent) m• I have received the article described a e. GSIGNATURE ❑ 'd essec uthorized agent • ATE OF DELIVERY POSTMARK o i ( O 5. ADDRESS (Complete only if requested) m 1 rn 6. UNABLE TO DELIVER BECAUSE: CLERK'S O —Tfyl T.I[LS X r� * GOP:1976-0-203-456 UNITED STATES POSTAL SERVICE 1 OFFICIAL BUSINESS 1 SENDER INSTRUCTIONS PENALTY AVOID IDR PAYMENT ' USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE, $300 • Complete items 1, 2,and 3 on the reverse. aaar•�rl • Moisten gummed ends and attach to front of article U.S.MAIL if space permits. Otherwise affix to back of article. • Endorse article "Return Receipt Requested" adja- cent to number. RETURN TO fc) „,_.,1- fr. 1----:A.AuA (Name of Sender)j 9ffLAJ (Street rnr s76 � (City, State, and ZIP Code) RECEIPT FOR CERTIFIED MAIL I SENT TO ,PAT ARK J �, C\J STR AND NO. �—+ N`` `, __, in P.r i, TATE AND ZIPS CODE OPTIONAL SERVICES F�A DITIONAL FEES RETURN 1. Shows to whom and date delivered .......... 1 r 1 With restricted delivery . . RECEIPT 2. Shows to whom,date and where delivered ev SERVICES With restricted delivery . _ zz s RESTRICTED DELIVERY Q SPECIAL DELIVERY (extra fee requirec0 Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other side) Jan.1976 NOT FOR INTERNATIONAL MAIL TS'GPO:1975-0-591-452 ID: �cC}ccmCf.1 :s,u��.,\ C.amm.a wrt{� QA TE: $ Z �' I CIRCULATE 4O: FERREIRA RACICXT FORWARD T0: IPAULSIN WARE iCARRELL BEHR ACKNO IIEDGE IHERD SHEIMER KUCHENBROD RECOMENDATION ISPALL MAJERUS YOUR INFORMATION I FILE REM RKS: State v. Spainhower FR IA: Enclosed please find copies of the documents that have . been filed in the above- mentioned case. Karen S. Townsend III IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE 2 STATE OF MONTANA, IN AND FOR THE COUNTY OF JEFFERSON 3 * * * * * * * * * * * * 4 i Cause No . _1011_ 5 STATE OF MONTANA, ) 6 1 Plaintiff, ) ) 71 -vs- ) AFFIDAVIT 8 WILLIAM SPAINIIOWER, III , ) 9 Defendant. ) 10 III * * * * * * * * * * * * 11 l Karen S . Townsend , Assistant Attorney General and Special I j Deputy County Attorney for Jefferson County deposes and says that: 13 1 . ) On January 16 , 1981 William Spainhower , Jr . and Harold 14 I DeMers, Sheriff of Jefferson County came to the offices of the 15 Montana Department of Justice and spoke to Criminal Investigation 16 ' Bureau Chief Bill Ware and County Prosecutor Services Bureau Chief I ? Marc Racicot . Spainhower and DeMers spoke to Racicot and Ware at 18 length about allegations of prosecutorial misconduct by Jefferson 191 County Attorney Patrick Flaherty. They specifically stated that 20 Patrick Flaherty had threatened the complaining witness in an inves- 21L tigation into allegations of sexual intercourse without consent. 22 The potential defendant in that matter was Spainhower ' s son William 23 Spainhower , III . 24 2 . ) On January 16 , 1981 , Marc Racicot, Karen Townsend , Bill 25i, Ware and Fritz Behr related to Attorney General Mike Greely the 26 III allegations which had been raised by DeMers and Spainhower, Jr . 77 Attorney General Greely reported that Patrick Flaherty had called 28 him and requested his assistance in procuring needed documentation 29 L for his criminal case against Spainhower. Attorney General Greely ;0 directed Marc Racicot to contact Patrick Flaherty , to advise him 31 of the allegations against him, and to advise him that assistance 32 would be provided but only if Racicot and Townsend were appointed 1 as special deputy county attorneys with full and exclusive authority ? to pursue the allegations against William Spainhower , III , and 3 against Patrick Flaherty. Racicot did contact Patrick Flaherty 4J and conveyed to him Mr. Greely' s message. Patrick Flaherty declined 5 this offer of assistance under the stated conditions . i1 G 3 . ) On January 19, 1981 , Patrick Flaherty filed criminal 7I charges against William Spainhower, III in the District Court of 8 the Fifth Judicial District . The defendant appeared and counsel 9 �j was appointed for him. On the same day , Patrick Flaherty sent a I(1 memo to the Jefferson County Commissioners accusing Sheriff DeMers III, of obstructing justice . 12 I'; 4 . ) On January 20 , 1981 , Townsend received a phone call from 13 Don White, Gallatin County Attorney who stated that Flaherty had 14 ', contacted him about coming to Jefferson County as a special pro- 151 secutor to prosecute Sheriff DeMers for obstruction of justice. 16 5 . ) On January 22 , 1981 , Charles Graveley , Lewis and Clark 12 County Attorney, advised Ware and Townsend that Flaherty had re- 18 I quested his assistance as a special prosecutor in the case against 19 H Spainhower, III and the problems between Flaherty ' s office and 20 1, the Sheriff ' s Department. On the same day , Ware and Townsend met 21 with the Jefferson County Commissioners who requested prosecutorial jl 22 assistance from the Attorney General ' s Office concerning the Spain- 23 bower case and the allegations arising out of the prosecution and 24r investigation of that matter. Townsend and Ware advised the County 25 Commissioners that if they wished assistance, they would have to 261 write to Attorney General Greely. Later that day, the County 22 r Commissioners sent a letter to Attorney General Greely requesting 28 the assistance of the County Prosecutor Services Bureau and the 29 ! Criminal Investigation Bureau in the matter. 3U 6. ) On January 26 , 1981 Attorney General Mike Greely directed 31 ', County Prosecutor Services Bureau to provide the assistance requested 32 by the Jefferson County Board of County Commissioners . -2- I 7 . ) On January 28 , 1981 the Board was notified of Attorney 2 General Greely ' s decision. 31 8 . ) On January 29, 1981 , the Attorney General in the exercise 4 of his supervisory powers directed Patrick Flaherty to take no fur- 1 5 ther action in the Spainhower matter and to transfer all authority 6 to Townsend and Racicot. Flaherty was further directed to surrender 7 to Townsend his files on the matter . Ware and Townsend traveled to 8il Boulder and personally delivered Attorney General Greely ' s letter 9 to Flaherty, who thereupon delivered to Townsend copies of his files I01 on the case . Townsend and Ware also secured the Sheriff ' s Office Ili investigative file on the Spainhower matter from Sheriff DeMers . I? J 9 . ) On January 30 , 1981 , Townsend reviewed the files pro- p 13 ii vided by Flaherty and DeMers . The following information from 14 ;' those materials has been found: 15 !il a) In a letter dated January 13 , 1981 and signed by Flaherty, he states : "I am outraged that sex has Ib become so promiscuous in our high schools and it .j is my duty to take a stand to keep this town at 17 " least from going the way of Sodom and Gomorrah. " 18 1 b) In a memo dated January 19 , 1981 from Flaherty to his file Flaherty states that he "wanted to pun- 191l ish Bill " and that his (Flaherty' s) feelings about Bill are that he (Spainhower) is "a hypocritical 20 ;I snake , a liar and a deceiver" . Flaherty further states , "the more I reflect upon the nature of the 211+ crime and the free and repeated commission of the offense and considering the moral nature of high- 22 school children I believe it is my duty to publi- cally file charges against the boy and obtain a 23 '.'' conviction and I would envision a sentence of per- ( haps two (2) years with a series of 10 to 20 week- 24 'j ends in jail. and conditioned also upon the defen- dant obtaining counselling. " 25 c) In a statement dated January 13, 1981 given to 26 Deputy Sheriff Sally Buckles by the complaining witness , she states that on 1-11-81 , when she 27 " informed Patrick Flaherty of her intent not to testify , he told her she would go to Hell . 28 d) In a statement dated January 13 , 1981 given to 29 ' Deputy Sheriff Sally Buckles another witness stated that he spoke to Pat Flaherty about the 30 ' complaining witness ' desire not to testify in this matter and that Flaherty thereupon responded 3111 that he was "using" her to "crush Bill ' s nuts" and to do "exemplerary justice" . The witness fur- 32 ' ther stated that Flaherty stated that the prosecu- -3- • (1 II 1 tion was " to clean up this morality problem in the county" and that "she must testify to not go to hell" . 3 SUBSCRIBED AND SWORN TO before me this 4/16t_ day of February , 4 11 q 1981 . \--igAu,21 Skun..,und_ (SEAL) 9 I 10 .2 i 2 ��i 3 14 1 15 Ili 17 ) 15 19 20 21 1 77 .3 74 25 i1 26 ) 27 28 29 30 31 32 s ii 1 IN THE YOUTH COURT OF THE FIFTH JUDICIAL DISTRICT OF THE 2 1 STATE OF MONTANA , IN AND FOR THE COUNTY OF JEFFERSON 3 I! * * * * * it 4 ; In the Matter of ) ) No . 107 51, WILLIAM SPAINHOWER , III . ) Il! ) AFFIDAVIT IN SUPPORT OF MOTION 6jli A Youth . ) A--N5-MEMORANDUM OF AUTHORITY 7I,i * * * * * 8 ,'1 STATE OF MONTANA ss . 9 11 COUNTY OF JEFFERSON ) 10 i' I . 11 I , Patrick F . Flaherty being duly sworn upon my oath do 12 I depose and state that I am the duly elected y elec and qualified Jefferson 13 County Attorne and that y pursuant to my duties as County Attorney 14 ,,' I have seen fit to file criminal charges in Youth Court and District 15 Court for Sexual Intercourse without Consent in the above -captioned 16 matter . 17 II . 18 '' As an elected official I am sworn to uphold the constitution 19 ' of the State of Montana , the laws of the State of Montana and I am 20 II particularly concerned with Section 7 -4 -2712 and 7 -4-2716 MCA which 21 1 state the duties of the County Attorney . Those laws require , ,I 22 " 7-4- 2716 . Duties related to state matters . The �3 ! county attorney must : ( 1 ) Attend the district court and conduct on behalf of the state , all 24 prosecutions for public offenses and represent the state in all matters and proceedings to which 25 ' it is a party or in which it may be beneficially interested , at all times and in all places within 26 h the limits of__R s county; 27 7 -4 -2712 . Prosecutorial duties . The county attorney is the public prosecutor and must : ( 1 ) institute 28 ! proceedings before magistrates for the arrest of persons charged with or reasonably suspected of 29 public offenses when he has information that such offenses have been committed and for that purpose , 30 whenever not otherwise officially engaged , must attend upon the magistrate in cases of arrest and 31 32 'II attend before and give advice to the grand jury whenever cases are presented to them for their 2 ; consideration . " ( Underscored Supplied ) 3 II III . 4 The prosecution of the above-mentioned cause has met with some unusual circumstances in that the Jefferson County Sheriff is being 6 investigated by the Attorney General ' s Office for Obstruction of 7 Justice and the Jefferson County Attorney is being investigated by 8 the same Attorney General for an alleged intimidation of a witness 9 due to the giving of some religious statements . These investigations 10 are pursuant to a directive of the Jefferson County Commissioners 11 that the Attorney Genera ) come and act as special prosecutor to 11 investigate the charges against the Jefferson County Attorney and the Jefferson County Sheriff . 14 Notwithstanding the above-mentioned actions which are legal 15 and proper , the Attorney General of the State of Montana has served 16 a written letter upon the Jefferson County Attorney directing that 17 he proceed no further in the case of State vs . ':filliam Spainhower , Iii . This action of the Attorney General is in clear violation of ! J the law , in excess of his statutory authority and in derogation 20 of the statutes just mentioned . Your County Attorney is concerned _ 1 that the prosecution of the Defendant may be seriously impaired for the substantive and procedural violation of the Jefferson County Attorney ' s an:' Jre eeler,dant ' s right to due process of law . Your LThJaty Attorney rceerdS this issue as an important issue of constitutional poi ir.iI d ,euu -tious acid respectfully requests the District Court ,;dge Lu enter t dctition on this matter as soon as possible so that tie duties of the county Attorney and the Attorney General can be b delineated . 2'1 ! f i �! il ' Sayeth ntiunht . ni , nd day of ' rbruary , ItiGi it 32 // // - 2- ii 7 1, ,) 1 PATRICK F FLAHERTY - 2 '. Jefferson County Attorney Jefferson County Courthouse Annex 3 '1 Boulder , MT 59632 41 5 SUBSCRIBED TO AND SWORN before me this 2nd day of February , 1981 . 6 K 7 Ngtar Tic for the State of Montana Residin6-Xt : Boulder , MT 59632 8 ( NOTARIAL SEAL ) My Commission Expires : 3- 19-82 9 10 • 11 MEPIORA%DUM OF AUTHORITIES 13 Your County Attorney submits the following Memorandum of Authorities in support of his position for the Motion for a 14 Restraining Order . Section 7-4 -2712 MCA and Section 7 -4- 2716 15 MCA have been reprinted , infra , in the Affidavit of the Jefferson 16 • 17 County Attorney . Several provisions of the Montana Constitution 18 mould have bearing on this motion as well and they are cited by way of reference as being Article 2 , Sections 1 , 2 , 4 , 11 and 19 I. 17 . There have been approximately 5 Supreme Court cases dealing 20 with the duties and powers of the Attorney General . One case decided by the Supreme Court that is of some guidance is the case of 'Woodahl v . State Hwy . Comm ' n , 155 Mont . 32 , 465 P . 2d 23 24 ,'818 ( 1970 ) . In this case the State Highway Department sought to 2 hire special counsel to represent litigation affecting the 26 'Highway Department . There was a specific statutory grant of 27 !authority allowing the Highway Department to appoint special 28 Icounsel . The Attorney General felt that it was his duty to 29 'Ih. ire all special Attorney General ' s in the State of Montana and 30 ii suit was commenced to restrain the Highway Department from employing 31 special counsel . The Supreme Court sets forth the following 32 dicta and law in its decision , - 3 - • >h. 1 '� " In State ex rel . Olsen v . Public Service Comm . , 129 Mont . 106 , 283 P . 2d 594 , this Court discussed 2 the broad powers of the attorney general under the common law as well as out statutes . The attorney 3 j general was referred to as the "principal law officer of the state " and as the "chief law officer 4I, of the state . " His independence of action was emphasized in its many particulars . He is at times 5 prosecuting on behalf of public officers and bodies defending on their behalf , but at other times opposing 6 their decisions . In this latter capacity in the Olsen case , he was referred to as representing the 7j " public interest . " That he can give counsel , advise , and representation is clear . However , he is not 8 'i omnipotent , or as one brief put it , does not have " dictatorial power . " However broad the power of the 9 'I attorney general , it is not exclusive . " 10 ''loodahl at pages 35 and 36 . 11 Your County Attorney is mindful that the Attorney General 12 has supervisory powers over County Attorneys pursuant to Section 13 2 - 15 - 501 ( 5 ) ( 6 ) MCA . However , the clear meaning of those statutes 14 is that the Attorney General can require the County Attorney to 15 . prosecute certain crimes when he is not prosecuting them and he 16 i can oversee the work of the County Attorney but he can not do the 17 work which the legislature has required that the County Attorney 18 "must " do . 19 ', The philosophy of the founding Fathers to the Constitution 20 of the United States of America is that government is reserved to 21 the local community as much as can be reasonably done . Local 22 communities know best the particular problems they face and they 23 know best the solutions to those problems . It is a dangerous 24 precedent to give executive agencies the broad reaching power to 25 regulate and control the daily business of local governments and 26 local government officials . 27 Your County Attorney is perfectly willing to allow the 28 supervision and assistance of the Attorney General in the above- 29 captioned case . However , your County Attorney regards it as 30 dangerous precedent to allow an Attorney General to prempt a County 31 Attorney from performing the required duties of his office . 32 // // . .,E 4 IIP - �is„uuira 1W!l.Mhld�,,,a • Y SCJNLITTEP this Ind day of February , 1931 . 3 PATRICK F . iL1111FR7Y 4 Jefferson County Attorney Jefferson County Courthous - A X 5 Boulder , MT 59632 6 IO 11 2 13 14 15 16 17 18 19 20 22 23 25 26 27 28 29 30 3) 32 -5 l � IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE 2 STATE OF MONTANA , IN AND FOR THE COUNTY OF JEFFERSON 3 II * * * it 4 STATE OF MONTANA , ) 5 Plaintiff, ) No . 1011 ) 6i, vs . ) MOTION FOR RESTRAINING ORDER 7 ( WILLIAM SPAINHOWER , 111 . , ) 8 Defendant . ) 9 * * * * * 10 COMES NOW the Jefferson County Attorney and moves this 1111 Court for an Order restraining the Attorney General of the State it 12 1 of Montana from interferring with and prohibiting the Jefferson 13 County Attorney from performing his statutory duties in this 14 1 case pursuant to Section 7-4-2712 and Section 7 -4 -2716 MCA. 15 This motion is based on toe lax , the supporting Affidavit 16 of the County Attorney , the Memorandum of Authorities and the facts 17 h that the rights of the State and the prosecution of this case may 181 be seriously prejudice if the prosecution of this matter is not 19 conducted in accordance with the law. 20 1 DATED this 2nd day of February , 1981 . 21 A ear PATRICK F . FLAHERTY 23 !I Jefferson County Attorney Jefferson County Courthouse Annex 24 '! Boulder , MT 59632 25 II 26 27 1 28 I 29 30 31 32 , 'lk. • • 1 IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF 2 - MONTANA, IN AND FOR THE COUNTY OF JEFFERSON 3 4 ' Cause No. 1011 5 STATE OF MONTANA, 6 Plaintiff, 7 vs B WILLIAM SPAINHOWER, III , 9 i! Defendant . 10 II MEMORANDUM IN SUPPORT OF THE SUPERVISORY POWERS OF THE ATTORNEY GENERAL 12 AND THIS ABILITY TO ORDER 111E JEFFERSON COUNTY ATTORNEY TO TAKE NO FURTHER (3 ACTION IN THIS MATTER 14 ' 15 The power of the Attorney General to require that the Jefferson County 16 Attorney cease and desist all activity in the above-captioned case and in 17 the accompanying juvenile matter and to immediately surrender complete and 18 exclusive responsibility for these matters to Assistant Attorneys General 19 and Special Deputy County Attorneys for Jefferson County Karen S. Townsend 20 and Marc Racicot is derived from Montana statutory and case law. Section 21 2- 15-501 MCA (formerly Sections 82-I+OI and IL-3101 RCM 1947) states : 22 General Duties . It is the duty of the attorney general : 23 (5) to exercise supervisory powers over County attorneys in all natters pertaining to the duties of their offices 24 and from time to time require of them reports as to the con- dition of public business entrusted to their charge . The 25 supervisory powers granted to the attorney general by this subsection include the power to order and direct county attorneys 26 ' in all matters pertaining to the duties of their office. The county attorney must , when ordered or directed by the attorney 27 general , promptly institute and diligently prosecute in the proper court and in the name of the state of Montana any 28 _ criminal or civil action or special proceeding . (emphasis supplied) 29 The precursor of this section was first interpreted in the 1899 Montana 30 • case of State ex rel . Nolan vs . District Court , 22 Mont. 25 , 55 Pac . 916 ( 1899) . 31 The Nolan court stated : 32 • • • • Ennumdratiun of his duties is made by section 460 et . seq . art. 8 Pol . Code . Among other requirements therein 2 mentioned , he is to exercise a supervisory power over county attorneys in all matters pertaining to the duties 3 ! of their offices , and from time to time to require of them • reports as to the condition of public business intrusted 4 to their charge . A duty to exercise supervisory power clearly implies the possession of supervisory power. 5 Iii There is therefore in the attorney general a right to oversee for direction , to inspect with an authority all 6 matters pertaining to the duties of the County attorneys of the state , and to direct with superintending oversight 7 the official conduct and acts of such officials ; and it is his perscribed duty to exercise and perform these 8 acts , and to do whatever may be necessary and proper • to render his power in these respects effective . 9 Id . at 916. 10 11 The Nolan case went on to state: • I2 The policy of the law is easily discerned. The attorney 13 general is the principal law officer of the state . His duties are general . His authority is co-extensive with 14 ", public legal affair's of the whole coonunily . His advice often affects the rights of all (persons within the state , r and excepting judgments and orders of court , his opinions control public interests wore largely than do the acts 16 of any other official of the state . Responsibilities of so high a character are usually put upon a lawyer of ability , 17 experience , and character , and presuling the attorney general to be such , the statute has given him the significant • 16 yet extensive powers referred to. Again , exigent times occasionally arise in the affairs of a state, where local 19 considerations render it impolitic to intrust a county attorney with the discharge of his duty unaided by learned 29 counsel representing the supreme authority of the state . Circumstances sometimes demand that there shall not only • 71 be a supervisory action, but an assistance to an inferior official as well , to the end that justice may be more 22 certainly attained . When considerations of this nature move the attorney general , or , even when they do not move 23 him, and the governor is moved by them, and directs him to exert his authority , he shall assist the county attorney 24 and must do so in the discharge of the duties which they county attorney is required by law to perform. 25 Id . at 917. 26 L7 A few years later the Montana Supreme Court again discussed the • rg supervisory powers of the Attorney General . In the case of Independent 29 Publishing Co. vs . Lewis and Clarke County , Mont . , 75 Pac. 860 ( 19o4) , 30 the Court said: 31 . . .he necessarily has the authority to do anything that 32 the inferior officer may do, or , if the circumstances require it, undo what has already been done . Id . at 861 . -2- • 1 The Court returned to the question of the supervisory power of the Attorney General in the 1955 case of State ex. rel . Olsen vs _Public 3 Service Commission , 129 Mont . 106, 233 P.2d 59h ( 1955) . The Court in that 4 case stated: 5 Obviously there can he no dispute as to the right of 6 an attorney general to represent the state in all litigation of a public character . The attorney 7 general represents the public and nay bring all proper suits to protect its rights . . . . 8 I' Accordingly , as chief law enforcement officer of the state he may , in the absence of some express legislative 9 restriction to the contrary exercise all such power as public interests may, from time to time , require, and 10 may institute , conduct and maintain all such suits and proceedings as he deems necessary for the enforcement II of the laws of the state, the preservation of order , and the protection of public rights . 12 13 Id . at 599 . 14 These excerpts from the opinions of the Montana Supreme Court have IS ' emphasized that the Attorney General possesses a supervisory power . In- 16 herent in that power is the ability to direct an inferior to take certain 17 action. As Nolan stated , he has the right to "oversee for direction" . 18 His office demands that he protect the public interest , and the statute 19 has given him the power to do so. When the circumstances arise that a 20 duly elected county attorney appears to be acting improperly, the Attorney al • General must intervene to protect the public interest . 22 ' The Court may wonder vihether the 1972 case of State ex. rel . Woodahl vs . District Court , 155 (lent . 112 , 495 P 2d 182 ( 1972) is authority for 74 — preventing the Attorney General from acting as he has done in this matter . 25 The Supreme Court stated in Woodhal that the common law powers of the 6 — —Attorney General had been abrogated by the statute cited above and there- 27 ' fore , the Attorney General could not institute criminal proceedings 28 independent of the county attorney (Woodahl at 135) . The Woodahl case 29 does not , however, prohibit the Attorney General from exercising his supervisory 30 power and taking the action he has in directing the Jefferson County Attorney 31 to surrender the prosecution of this case to his assistants . The Woodahl 32 -3- • • 1 case states : I This opinion is not to be construed as any limitation , 3 ` on the supervisory powers and control over the county attorneys of this state as provided by law. The opinion 4 ! simply holds that under the facts and circumstances here the attorney general had no legal power to file 5 an information signed only by himself or to institute a criminal felony prosecurtion in the district court 6 independent of the county attorney . 7 ) d . at 185 . 8 9 G The Attorney General in this instance is not instituting a criminal 10 felony prosecution independent of the county attorney. The criminal 11 r prosecution has already begun. The Attorney General is exercising his 17 supervisory power and ordering the case surrendered to duly appointed 13 deputy county attorneys . Thus there is still local control of the case 14 since the special deputy county attorneys have been appointed by the Jefferson County Coro,issioners. As will be discussed below, the extraordinary lb circumstances of this case do not permit these special deputy county attorneys 17 to work with the County Attorney for Jefferson County . Thus it is 18 essential that the authority to proceed with this case be taken away from 19 the County Attorney. The circumstances and the public interest demand just 0 such an action. 21 Without question , the office of the public prosecutor is one of the 22 most powerful offices in our system of government . He and he alone decides )3 which criminal offenses are prosecuted , which persons are charged with q crimes . The impact that he has on the Iives of those within his jurisdiction 25 and on the general Lone of the community in which he works demand that he 26 act with fairness , wisdom, and appreciation of his role. He must not at 77 • any time overstep the bounds of fair play in his desire to perform his job. Guidelines for the proper conduct of a prosecutor have been developed . 29 Perhaps the most widely followed are the Standards Relating to the Prosecution 30 Function developed by the American Bar Association. Standard 1 . 1 states : 31 i (b) The prosecutor is both an administrator of justice and an 32 advocate : he must exercise sound discretion in the performance • 1 of his function . (c) The duty of the prosecutor is !n seek justice , not merely to convict . 3 'i The Attorney General would contend that the Jefferson County Attorney has 4 not abided by this .'‘BA standard. The evidence that has been presented 5 to this Court by evonv ref the Affidavit of Koren S . Townsend , and par- ; 6 • titularly paragraphs 9(a) , 5(u) , 9(c) and 5(d) demonstrate that the attitude of the Jefferson County Attorney and his conduct of this case to date are clearly not examples of the "exercise of sound discretion" or the 9 ' promotion of a goal "to seek justice , not merely to convict." By his own 10 words as evidenced by his memos to the file or his letters to outsiders , ll he no longer desires to seek justice in this matter , but rather desieres 12 to obtain a conviction in order to "punish" the defendant and to maintain 13 his personal moral standard in this community . The County Attorney may be 14 in violation of the Code of Professional Responsibility. In an Oregon case 15 of discipline against a prosecutor the Oregon Supreme Court ordered 16 discipline against a prosecutor . The Court stated that they agreed with 17 the Trial Board ' s conclusions that the prosecutor was "overzealous" and 18 was motivated by "animosity and a desire to punish ." The Court found such 19 be conduct to in violation of Disciplinary Rule 1 - 102 (A) (5) . Complaint of 20 Rook 276 Ore. 695 , 556 P . 2d 1351 ( 1976) . I There is a further standard of conduct that the Attorney General 22 must bring to the Court ' s attention . Standard 1 . 3 of the ABA Prosecution 23 Standards states: 24 • 25 (a) The prosecutor should not exploit his office by means of personal publicity connected with a case before trial , during 26 trial or thereafter. 27 On January 29, 1931 , the Jefferson County Attorney appeared in an interview 2N telecast on the evening news on television station KXLF and discussed on 29 matters relating to this case and other matters which the Jefferson County 30 Commissioners have requested assistance frog the Attorney General . Such 31 conduct could be classified as exploitation of his office. 32 -5- • S I CONCLUSION 2 3 I' The case at hand presents to this court an extraordinary situtation . 4 I', The public interest in riaintaining the integrity of criminal prosecutions 5 and assuring that the exercise of the power of the prosecutor is done so 6 � only with sound discretion and wisdom and a sense of fairness is anple 7 reason to allow the Attorney General to exercise his supervisory power in 8 �� the manner in which he has done so in this case . The power clearly exists 9 II both in statutory and Montana case law. The Attorney General would therefore 10 it urge this Court to deny any request of the Jefferson County Attorney for an II injunction blocking the exercise of this power or refuse to grant any 12 writ sought by him to prevent the Attorney General from acting. 13 Respectfully submitted this 2nd day of February , 1981 . 14 II 15 16 pJsa)�J �1 _ 17 '. KAREN S. TOWNSEND, 18 Assistant Attorney General Special Deputy County Attorney for 19 Jefferson County 20 21 CERTIFICATE OF SERVICE 22 I Karen S. Townsend do hereby certify that I have served a copy of the Affidavit and the Memorandum in Support of the Supervisory 23 Powers of the Attorney General on the Jefferson County Attorney and Counsel for the Defendant by hand delivery this 2nd day of 24 February, 1981 . 25 - -- 26 KAREN S. TOWNSEND 27 78 29 30 31 32 ', -G- STATE OF MONTANA DEPARTMENT OF JUSTICE COUNTY PROSECUTOR SERVICES BUREAU UH 11019 I,Helena.Momene 59601 141 449 3816 3 February 1981 Harold DeMers, Sheriff Jefferson County Sheriff's Office Boulder, MT. 59632 Dear Sheriff DeMers: This letter will confirm that I have received your letter (dated 1/21/81) wherein you requested the Criminal Investigation Bureau to "take over the above investigation of the case in question to insure a satisfactory investigation". The investigation you were referring to deals with the alleged "sexual assault" involving the "son of Special Deputy Will Spainhower". Also, in your 1/21/81 letter, you state, "we also invite your office (CIB) to investigate the other allegation as per Pat Flaherty's letters attached hereto". For your information, attached are copies of the following documents which you furnished to me via hand-delivery by Jefferson County Undersheriff Tom Dawson on 1/21/81 : (1) Your letter to one dated 1/21/81 (2) Mr. Flaherty's letter to Jefferson County Commissioners dated 1/19/81 (3) Mr. Flaherty's letter to you dated 1/26/81 In addition, please be advised that the Jefferson County Commissioners have requested prosecutorial and investigative assistance from the County Prosecutor Services Bureau of the Attorney General 's Office and from the Criminal Investigation Bureau concerning "accusations that have been leveled against . . . the county attorney and the sheriff". (See attached copy of 1/22/81 letter from Jefferson County Commissioners to Attorney General Mike Greely "re: request for prose- cutorial and investigative assistance" - signed by all three of the Jefferson County Commissioners, with carbon copies to Jefferson County Attorney Patrick Flaherty, and to you, as Jefferson County Sheriff) . Furthermore, also attached for your information are copies of a letter (dated 1/28/81) from Marc Racicot, Chief, County Prosecutor Services Bureau to the Jefferson County Commissioners and of a resolution signed by the Jefferson County Commissioners appointing Assistant Attorneys General Marc Racicot and Karen Townsend (of the County Prosecutor Services Bureau) as Special Jefferson County Deputy Attorneys for and in connection with this entire matter. —.r-- Harold DeMers, Sheriff 3 February 1981 Page Two Finally, for your information, I have enclosed a copy of the 1/29/81 letter from Special Jefferson County Deputy Attorney Marc Racicot to me requesting investigative assistance from the Criminal Investi- gation Bureau in connection with this entire matter. In light of the request from County Prosecutor Services Bureau for investigative assistance from the Criminal Investigation Bureau, please be advised that the Criminal Investigation Bureau will investigate these allegations and will report its findings to the County Prosecutor Services Bureau. I trust that the foregoi • is responsive to your request. Very tru , yours, . Willi.m J. War. , Chief Criminal Inve-tigation Bureau WJW/lp cc: Mike Greely, Attorney General Jefferson County Commissioners Pat Flaherty, Jefferson Co. Attorney Marc Racicot, Chief , CPS • Office of JEFFERSON COUNTY SHERIFF Boulder, Montana 59632 RECEIVED JAN 2 ? 19810 - CRIMINAL INVESTIGAM1o;1 RiJREAll it,o.,.A,. e.S Q . Honorable Mike Greely ,E) '"- Attorney General , State of Montana c/o Bill Ware Helena, Montana 59601 January 21, 1981 Dear Mr . Ware : I have been accused of thwarting a sexual assault inves- tigation (see enclosed copy of Pat Flaherty ' s letter to Jef- ferson County Commissioners dated January 19 , 1981) , because the suspect is a son of Special Deputy Will Spainhower. The County Attorney feels that I may be obstructing justice and interferring with due process of the law (see enclosed cony of Pat Flaherty ' s letter to Jefferson County Commissioners dated January 19 , 1981) . I would therefore ask that your department take over the above investigation of the case in question to insure a satisfactory investigation. We also invite your office to investigate the other allegations as per Pat Flaherty ' s letters attached hereto. We would appreciate a response to this letter as soon as possible . Sincerely, Harold DeMers Sheriff Jefferson County Enc . 3 From the office of 11,-,trirh 3- ,flal}crtu 406/225-4211 JEFFERSON COUNTY ATTORNEY • Boulder, Montana 59632 • January 19 , 1981 RECEIVED JAN 21 1981 CRIMINAL INVESTIGATION RUREAU MEMORANDUM : TO : Jefferson County Commissioners FROM : Patrick F . Flaherty , Jefferson County Attorney RE : Quality of investigative work at the Jefferson County Sheriff ' s Office Dear Commissioners : The quality of investigative work and lack of cooperation at the Jefferson County Sheriff ' s Office is giving to their duly constituted County Attorney makes it necessary for me to write this unpleasant letter . If you will refer to the enclosures you will see a December 17th , 1980 statement given to this officer by Nels Sanddal . Upon receiving the complaint from Nels Sanddal I asked the Jefferson County Sheriff ' s Office in a phone call to investigate the charges of Criminal Mischief • and make a report back to this office . I do not regard lightly the destruction of property by any citizens in this county and especially the shooting of dogs . Under the law the killing of dogs is allowed if the dogs are endangering livestock . The crucial element to be determined by the investigators is whether or not the dogs were actually endanaerina the livestock of the Defendant . After requesting the investigation on or about December 17th , 1980 I had received no report back from the Sheriff ' s Office . On January 12th , 1981 I wrote a memorandum to the Sheriff ' s Office asking what had happened with the report . I received on January 15th , 1981 a statement by Forest Shewmaker and a statement by Spike Towhy . The investigative report does not address the crucial element of endangering livestock in a criminal mischief investigation , nor has the investigative agency interviewed all of the witnesses nor has said investigation been conducted in a timely fashion . • / PFJEIVED MEMORANDUM : � �' Page 2 Jf1�� 2 January 19 , 1981 CRIMINAL INVEStIGATLO:I RIIREAU A vandalism incident occurred approximately two (2 ) months ago in the Town of Basin in which $2 , 000. 00 worth of damage . was done to some Montana Power electric lines . It took the Sheriff ' s approximately two ( 2 ) months to bring a report to this office of the results of their investigation . The investigation consisted of an interview with perhaps four ( 4 ) witnesses . _ On January 8th , 1981 I turned a complaint of a statutory rape investigation over to the Jefferson County Sheriff ' s Office . The information I turned over to them included voluntary statements by two 14 year old victims and their diary . I also gave the names of three ( 3 ) witnesses who needed to be inter- viewed to complete the investigation . Sheriff DeMers told me that the investigation would be completed within one ( 1 ) day and this statement was given to me on January 14th , 1981 . I talked to Sheriff DeMers again on January 16th , 1981 and he told me it would take 2 or 3 days to complete the investigation and he denied having made the statement of January 14th , 1981 . I telephoned the Attorney General ' s Office and they told me that Harold DeMers 'and his Deputy Sheriff Will Spainhower (whose son is the subject of the investigation ) had been to the Attorney General to see if they could thwart the investigation by having myself investigated for attempting to prosecute a statutory rapist . In the meantime one of the complaining witnesses has been subjected to severe emotional strain to the point where she even wishes to withdraw her statements and not proceed with the pressing of charges . I respectfully request that the County Commissioners exercise their supervisory powers to insure that the Jefferson County Sheriff ' s Department complies with the requirements of the law , provides services as they are required to by the law and refrain from obstructing justice and interferring with the due process of law. Sincerely , cl1J, --440111116, PATRICK F . FLAHERTY PFF : kah cc : Harold DeMers 4,. Mike Greely , Attorney General Fritz Behr , Attorney General ' s Office 1 From the office of jrtrirk 3F.. 3rjltt 11rrtQ. 406/225-4211 JEFFERSON COUNTY ATTORNEY • Boulder, Montana 59632 January 26 , 1981 EVE - J s.J ;,' 1931 CRIM!NAL 1NVESrf GATi0:1 - RIIREAU . Harold DeMers , Sheriff Jefferson County Sheriff ' s Office Boulder , MT 59632 RE : _January _19th, i981_J'leeting with . County Commissioners Dear Sheriff DeMers : I wish to preserve by this memorandum a record of what was said at the meeting yesterday . The County Commissioners presented yourself with my memorandum regarding lack of cooperation by your department . You stated that you were pleased with the .Pallister investigation and that you would do nothing further on that Deputy Sheriff But-c'h° Moran _w gave an explanation for why it took two ( 2 ) months to investigate the George DeMers/Montana Power Criminal Mischief matter. You stated that you have not completed the investi - gation in the rape case and that when the investigation is completed that the file will be turned over to myself and the County Commissioners . In the meantime you will not turn over any material or apprise me of the progress of that investigation . : } e i. You made some vague allegations against myself regarding r intimidating a witness with church and prosecution . I explained that I had not threatened anyone with church ` `. but on the contrary had comforted and supported the ":1- t F, complaining witnesses in this rape investigation . I did .. __, tell the juvenile that if she was lying to me or if she lied under oath that I would prosecute her for either purgery or giving false information to law enforcement , officials . It is my duty to uphold the law and prosecute :,� �-£ . law breakers . Please be advised that you hold no exemption :w ;r in this regard as well . r,. Sincerely , .V 7 I .J aJ , ..„ ,„ , . . ., ..2„:„,z, . _ .„,,, ,, PATRICK F . FLAHERTY PFF : kah :.. 4': • CommisstONERS: JEFFERSON COUNTY JOANNE P. McFARLANE County Cierk and Recorder Vicent M. Capp,Chairman,Whitehall Leslie J.Sodorff,Clancy CLERK and RECORDER CARLA MATLACK Delbert M.Bullock,Basin Boulder, Montana 59632 rrwriFivED January 22, 1981 I 0 Iv E �.rlf+i � C 1�v 1 CRJM NAL INVES1IGATIO,I • RIIREAU 4r,o Nr, ci:rrF vr,„Nima, RiL'S OFFICE LON 9S‘:sii6ES Honorable Michael T. Greely S' Attorney General , State Capitol Helena , Montana 59601 Re : Request for Prosecutorial and Investigative Assistance Dear Mr. Greely: As you know, recent criminal charges have been filed against William Spainhower , III in connection with a charge of Sexual Inter- course without consent. It has come to our attention that there are several allegations that have been raised in connection with the investigation of that alleged offense. We have been made aware of accusations that have been leveled against the parties to the investi - gation, specifically the county attorney and the sheriff. We therefore request the assistance of the County Prosecutor Services Bureau and the Criminal Investigation Bureau to assist with the investigation and possible prosecution of the above case and any other criminal case which may arise out of the investigation and pro- secution of that charge. All other criminal cases would remain the obligation of the sheriff and county attorney of Jefferson County. If your bureaus can assist us, we will prepare a formal commissioners' resolution. Sincerely, Leslie J. Sodorff, Chairman Jefferson County, Montana / . ;, 7 Comm(ss ooer _ may? :�• �t� ), Ire C,Ommi ss Toner s ri cc: Patrick Flaherty, County Attorney cc : Harold DeMers , County Sheriff ST NT1 OF MONTANA DEPARTMENT OF JUSTICE COUNTY PROSECUTOR SERVICES BUREAU 11'1 •. I1�•ir ria 4.1,04,... .91,1 IUk,'.449 iN IN January 28 , 1981 Mr. Glen A. Stevens Mr. Leslie J. Sodorff Mr. Delbert M. Bullock Jefferson County Commissioners Jefferson County Courthouse Boulder, Montana 59632 Re : Investigation Of Allegations Associated With The TY Case of WilliamSpainhower , III Dear Commissioner$ : The Attorney General has directed this office to provide such assistance as may be needed in the aforementioned case . Enclosed is a resolution to be executed by the Jefferson County Commissioners appointing myself and Karen S . Townsend as special deputy county attorneys and authorizing us to assist . The Legislature , when the County Prosecutor Services Bureau was created , conditioned our ability to assist upon the qualifica- tion that the requesting agency would bear one-third of the cost of providing personal services. As a result, Jefferson County will be obliged to pay twenty-five dollars ($25 . 00) per hour for each hour of personal services rendered. Travel. , meals , lodging, secretarial assistance , investigative assistance and all other incidental expenses will be borne by the State of Montana. Assurances are given that duplication of services will not occur . If you have any questions , please don ' t hesitate to contact me . Sincerely, MARC F. RACICOT Assistant Attorney General Bureau Chief County Prosecutor Services Bureau Enc . •.a`i 1 RESOLUTION 2 Whereas, the Jefferson County Commissioners have requested 3 prosecutorial and investigative assistance concerning the inves- 4 tigation of various allegations surrounding the case of William 5 Spainhower ,_III ; and 6 Whereas , it is desired and deemed appropriate under the 7 circumstances , that a special deputy county attorney be appointed to assist in the investigation and prosecution of the matters 9 surrounding the aforementioned case . 10 Now, Therefore , It Is Hereby Resolved: Ili That Marc F. Racicot and Karen S . Townsend, Assistant Attor- 12 neys General of the State of Montana, are appointed as special 13 deputy county attorneys of Jefferson County for the purpose of 14 assisting in any investigation and prosecution that is deemed X51 appropriate and necessary respecting the aforementioned case . 16 Be It Further Resolved : 17 That the Board of. County Commissioners of Jefferson County I 1't shall pay one-third of the cost of personal services rendered , 111' to-wit: Jefferson County will contribute twenty-five dollars -J ($25. 00) per hour , including travel time, for the personal ser- 2l ' vices rendered by Marc F. Racicot or Karen S. Townsend . Travel , 22 !! meals , lodging , secretarial assistance , investigative assistance 23 and other incidental expenses will be paid by the State of Montana 24 and not Jefferson County. This resolution is conditioned upon 25 the assurance that duplication of services will not occur . Marc 26 F. Racicot and Karen S . Townsend are both appointed so that one 7-7' may act in the place of the other should such situation arise due 28 7 to conflicts with other cases . / � 29 Dated this ,-,, day of ,, „Ke,,a,/' 1981 . 30 ' r ChaifmanZ~ ' ATTEST: �YLI l_ - s J - 3 C'. - •x j 7 j, '�'-- `'-1 3 `'' �` `'"r*-'"— _ / '' ----- lerk and Recorder ember / RECEIVED f SLOES Helm, 1':ir;Ia33 STATE OF MONTANA DEPARTMENT OF JUSTICE COUNTY PROSECUTOR SERVICES BUREAU 301 Roberr. Ilel,'na.Mlonlana 59601 (4)61 439-3U16 January 29 , 1980 L � ;71 ! n � cot I:d J 1..4� MEMORANDUM -- ----- CR!M!NAL [NVES-MA-M' TO: William J. Ware , Bureau Chief R!!PEAU Criminal Investigation Bureau FROM: Marc F. Racicot, Bureau Chief County Prosecutor Services Bureau RE : Request For Investigative Assistance - Jefferson County 1 . ) On January 26 , 1981 the Attorney General directed this office to provide investigative and prosecutorial assistance to the Board of County Commissioners of Jefferson County pursuant to their re- quest of January 22 , 1981 . On January 28 , 1981 the Board was no- tified of the Attorney General ' s directive and supplied with a resolution to be executed appointing myself and Karen S . Townsend as special counsel to conduct this inquiry . On January 29 , 1981 at 10 : 00 a.m. the Board notified me that they had executed the aforementioned resolution at a special meeting conducted in Boulder on this date. 2. ) As a result, I hereby request the aid of the Criminal Inves- tigation Bureau to provide investigative assistance into those matters contemplated by the Board of County Commissioners of Jeff- erson County. -114V. �- ( actie-2 MARC F. RACICOT Assistant Attorney General Bureau Chief County Prosecutor Services Bureau p � 6 STATE OF MONTANA DEPARTMENT OF JUSTICE COUNTY PROSECUTOR SERVICES BUREAU 303 Roberts,Helena,Montana 59601 (4061 449-3816 June 5 , 1981 Mr. Les Sodorff, Chairman Jefferson County Commissioners Jefferson County Courthouse Boulder, Montana 59632 Re : Statement of Account - SECOND NOTICE State v. Spainhower Dear Mr. Sodorff: The statement of account for services rendered in the afore- mentioned case is as follows : Personal Services Rendered 65 Hours TOTAL EXPENSE (65 hours x $75 . 00 per hour) $4 , 875 . 00 Expense borne by the State of Montana $3 , 250 . 00 Expense shared by Jefferson County $1 , 625 . 00 Payment may be made to the Department of Justice, Central Ser- vices Division, 303 Roberts, Helena, Montana 59620 . If you have any questions, don' t hesitate to contact me. Prompt pay- ment would be appreciated. Sincerely, 1\1(„aitg- al.+c l"Y'. MARC F. RACICOT Assistant Attorney General Bureau Chief County Prosecutor Services Bureau cc: Bob Kuchenbrod V8