For immediate releaseOct. 7, 2008

EDITOR’S NOTE

: These stories are produced by University of Montana journalism students under the supervision of Professor Dennis Swibold.They may be used without charge, provided editors retain the students’ bylines. Please contact Professor Swibold (dennis.swibold@umontana.edu)with any questions. You can also find this story and others on the upcomingelection atwww.montanaschoice2008.blogspot.com.

Chief justice rivals clash over experience

By ELIZABETH HARRISONCommunity News ServiceUM School of Journalism

Ron Waterman, a Helena attorney running for chief justice of theMontana Supreme Court, has an identity problem.Although he is reasonably well known among Montana lawyers and inhis home city, this is his first run for statewide office.His opponent, two-term Attorney GeneralMike McGrathhas been in thenews and on yard signs since he first ran for Lewis and Clark countyattorney in 1982.Getting attention hasn’t been easy, thoughWatermanis making therounds of candidate forums and debates, arguing that his lack of politicalexperience is a good thing. What the court needs now, he said, is broad anddeep legal experience.He said the next chief justice should be someone who has tried cases allover the state and represented not only corporations and insurancecompanies, but individuals with a range of problems.Waterman, 64, was born in Newark, N.J., but moved to Montana as ateenager to work on a ranch near the Big Hole River. After graduating fromthe University of Montana’s law school in 1969, he clerked for a federal judge.The experience Waterman touts began with his involvement in gender equity litigation in the early 1980s. That work led Montana high schools todevelop more extracurricular activities for girls.His later work with stream access litigation led to the development of thecurrent stream access law, and he helped build Montana’s new public

defender system.“My opponent has nothing but partisan politics in his resume,”Waterman said. “I think the fact that I’ve never run for political office beforeis a good thing, because it means I don’t have the same political baggage.”For his part, McGrath doesn’t see how his political affiliations can hurt.“I’ve been in the public arena since 1982,” he said. “I have a reputationfor being fair and impartial. I’m not sure what he means by ‘political baggage.’ I just think that’s silly.”At 56, McGrath has spent most of his professional life in public service.Before serving five terms as Lewis and Clark county attorney, the Buttenative was an assistant state attorney general for six years.As attorney general, he’s backed theMontana Meth Project,fought identify theftand supported the expansion of drug courts andmore help for victimsof crime. Beyond criminal justice issues, his office wonsettlementsfrom mining companies, holding them responsible to cleaning up sites inEast Helena and along the Upper Blackfoot and Clark Fork rivers.His office also handles consumer protection cases and is presentlydefending the state’s method of funding public schools.In all of these cases, McGrath said, he is personally involved, at leastwith strategy, and he participates in the courtroom part time.Waterman has been critical of McGrath’s participation in one high- profile case, that of Jimmy Ray Bromgard, who spent 15 years in prison for a rape he didn’t commit. Bromgard was exonerated in 2004 by DNAevidence. His original conviction was based in part on faulty hair analysisconducted by the head of the State Crime Lab, Arnold Melnikoff.Bromgard sued the state for wrongful conviction, and in adeposition for the case, McGrath said he still believes Bromgard could be guilty.Waterman, who represented Bromgard in the case, also chastised McGrathfor not ordering an independent review of Melnikoff’s hair analysis in 250cases.McGrath shot back at Waterman and other critics of his handling of thecase.“First of all, he (Waterman) was well paid for his services to Mr.Bromgard,” McGrath said. “In terms of the review of the lab, keep in mindthis guy worked in Montana in 1989, so obviously things have changeddramatically in terms of the operation of the crime lab.”He said his office reviewed every one of Melnikoff’s hair analysis cases.“We came to the conclusion there wasn’t anyone else wrongfully convicted,”McGrath said.Another point of contention isa state lawthat bars judges from

considering cases they were previously involved in as attorneys.Waterman said that if McGrath is elected, he would have to disqualifyhimself from any considering case the Justice Department handled duringhis tenure. That could amount to hundreds of cases, Waterman added.McGrath said he would not have to disqualify himself unless the casewas one in which he was personally involved.“We disagree on what the interpretation of those rules is,” he said.While the two candidates differ on many issues, they agree that beingchief justice requires leadership and administrative skills, and they bothcited the Supreme Court’s backlog as a problem.In a September debate in Billings, McGrath said that 70 cases pending before the court were more than a year old. He said it is “absolutelyunacceptable” for a case to be two or three years old before a decision isrendered.“Justice delayed is justice denied,” he said. “The constitution itself provides that citizens are entitled to a speedy remedy.”McGrath said his experience administering the Department of Justice,with its 750 employees, could help him spot inefficiencies and cut the highcourt’s backlog significantly. One solution could be designating someone ascourt commissioner to speed up the paperwork, he added.Waterman argued that the Supreme Court has already begun reducing the backlog. To accelerate the process, he said he would convene a panel tomake recommendations.While Waterman lacks McGrath’s administrative experience, he said he plays a key role in managing his law firm: Gough, Shanahan, Johnson &Waterman in Helena.“I think quite frankly as one of senior partners in a major law firm, Ithink I do have a fair amount of administrative experience,” Waterman said.In the end, voters’ lack of familiarity with Waterman remains his biggestobstacle in the election.Waterman has refused to accept campaign contributions from politicalaction committees, and he has criticized McGrath for accepting such money.McGrath said he has the support of the Montana Game Warden’sAssociation, the AFL-CIO, the Service Employees International Union, NARAL Pro-Choice Montana and Montana Conservation Voters. Accordingto his latest financial report, he’s received PAC money from the locomotiveengineers, Dish TV, the state’s public teachers union and the MontanaHospital Association.-30-