Valarie Eve

I am writing in response to Thomas Tornow's letter to the editor. The Whitefish Free Press interviewed me as a candidate for the Whitefish city judge position. What Tornow failed to check was that Mike Potter from the Free Press made several inaccuracies in printing what was said in that interview.

Potter had planned to do several retractions and had apologized to me. The retractions have not been printed. I spoke with Potter, and he explained why the retractions had not been done and assured me that the retractions along with an article written by myself to the Free Press will be printed in the Aug. 31 issue.

Among those inaccuracies are the printed statements regarding landlord tenant cases in district court, the jurisdictional issues, my formal and informal education, and my knowledge of the court structure.

Tornow took it upon himself to write a letter with such subterfuge to the editor without any clarification whatsoever. In fact, Tornow sent his letter to the Free Press. The Free Press chose not to print Tornow's letter because it was written without substantiation and in total disregard to state the truth. The retractions will negate all that Tornow wrote in his article.

I would like to remind Tornow that on occasion he has asked direction from me as clerk in the Flathead County Justice Court about procedural steps and summons form for landlord tenant cases. In each instance, I provided Tornow with the information he lacked.

Tornow states that the City Court has regularly accepted and administered civil cases. I challenge anyone to walk into the court and ask for the civil docket. They will see that there are no landlord tenant cases, no tort damage cases, and no civil cases filed by individuals seeking relief from a wrong. The only cases showing up on the civil docket will be those cases that are restraining orders or an occasional case filed by the city which might include non payment of tax resort funds.

I worked as clerk in the City Court and have witnessed individuals trying to file a civil case and witnessed those persons referred on to the Justice Court by Judge Bradley Johnson "because it is a better forum".

In fact Johnson is quoted in the Daily Inter Lake stating, "Traditionally throughout Montana, the county justice courts are the preferred forum for civil actions".

I am the civil clerk in Justice Court and have had the opportunity to ask individuals from Whitefish why they are filing their civil case in Justice Court and not the City Court. Their response is that Judge Johnson referred them to Justice Court "because it is the better forum".

Giving full access of the court to the people is why I decided to run for City Judge. Tornow reflects to the incorrect claim regarding the court's civil case load. The numbers reported regarding case loads of the court come directly from the Montana Supreme Court in the "Annual Report to all Montanans."

The Supreme Court receives those numbers directly from the individual court. Anyone can look those numbers up on the Montana Supreme Court Web site. If the numbers are reported wrong, they are reported wrong by the court.

The numbers are correct. The numbers reflect that the City Court and the Columbia Falls City Court have about the same number of cases filed each year. In fact, Columbia Falls City Court has a few more cases filed, and that court is a part-time court with a part-time judge and two part-time clerks.

I have stated and have been correctly quoted in other articles that I earned my paralegal degree at the College of Great Falls, attended and completed the Judicial Institute at the University of Montana, attended several continuing legal education courses through my employment with the previous attorneys.

I have taken and passed the certification testing to become a judge and have attended statutorily-required training seminars to remain acting as judge. I have acted as city judge for Conrad and for Valier. I have worked as a paralegal either full time or on occasion since 1991.

I assure the voters of Whitefish and Tornow that I do know the differences in the court system and that I am experienced and educated in the law. You are right, Mr. Tornow, in stating that it is up to the plaintiff, the person wanting to file a complaint in court, to decide which court he or she wants to use, and that it is not up to the judge. I have stated that all along.

I assure the residents of Whitefish that I will not refer you to Justice Court because it is a better forum. Save your gas money and attorney fees, file your case in city court. I believe that the City Court is a good forum.

I also believe that it is time to make the court fully accessible to all people for both civil and criminal matters as our legislators intended the court to be used.

I believe that it is time to use programs available to the court for sentencing purposes that will bring positive outcomes for our youth.

I think that is time to use the home-arrest program and lift the burden of incarceration expense from the taxpayers' shoulders and place it on offenders' shoulders.

I hope that in the future, Tornow takes the time to substantiate what he writes about. After all, it is the very premise of the oath Tornow takes to practice as an attorney and sit as acting judge.

Valarie Eve is a candidate for city judge in Whitefish.