1 MINERAL COUNTY ATTORNEY’S OFFICE

Walter E. Congdon, Civil Deputy Attorney

2 P.O. Box 339
3 Superior, MT 59872
(406) 822-3535
4 Fax 822-3822
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MONTANA FOURTH JUDICIAL DISTRICT COURT
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MINERAL COUNTY
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RITA ANDERSON, et al. ) Dept. No. 5
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Petitioners, ) Cause No. DV-31-2022-53
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vs. ) Related Case: DV-31-2022-54
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MINERAL COUNTY ATTORNEY, ) VERIFIED UPDATE TO THE
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Respondent. ) COURT AND MOTION AND
15 ) BRIEF TO STAY
PROCEEDINGS PURSUANT
16 TO RULE 60 MRCP
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COMES NOW, the Mineral County Attorney, Debra A. Jackson,
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Respondent, appears by and through counsel, Civil Deputy Walter E.
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20 Congdon, who provides this Notice to the Court related to the Order of
21 October 10, 2022.
22 In respect to the Order on page 4 of the Writ, of October 10, 2022,
23 the Court is advised as follows:
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1. Respondent has complied with item 4 of the Order [Disclose
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all Brady information in all open cases] and commenced doing so on June
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8, 2022, and is doing so on an ongoing basis.
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28 2. In respect to item 1 of the Order [Investigate any evidence
29 favorable to defendants as it is known to others acting on the
30 government’s behalf] we are investigating Petitioners’ Affiants and their
1 source of information. Ongoing efforts have also commenced revising
2 hiring practices, regarding all law enforcement and justice employees.
3 This includes revisions to the employee policy and procedure manuals for
4 Mineral County, including the Sheriff’s office. The investigation pursuant
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to item 1 of the Order also involves emails from the prior County Attorney,
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Ellen Donohue and it has been determined that Petitioners’ attorney,
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Lance Jasper, was involved in discussions for more than six months prior
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9 to May 13, 2022. A copy of those e-mails found to date is attached. We
10 will disclose more as we find them in coming weeks.
11 3. In respect to Item 2 of the Order [Audit all closed cases] we
12 have completed an audit of those cases that came to the County
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Attorney’s Office and will provide that list to this Court from Justice and
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District Court’s, open and closed cases, which also includes pro se
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defendants.
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17 4. Respondent requests that Item 3 of the Order [Send all Brady
18 information to defendants affected and their attorneys] be amended to
19 provide that disclosure to the attorneys is adequate as we cannot contact
20 the Defendants directly unless they were pro se.
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5. In respect to Item 5 of the Order [Only Disclose Confidential
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Criminal Justice Information (CCJI) to those entitled by law to receive it]
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Respondent has not disseminated CCJI to anyone not entitled to the
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25 information. The disclosure to Gretchen Webb was clerical only and was
26 not a disclosure as it was completed and approved per the attached
27 Exhibit dated May 14, 2022. We are investigating the disclosure Mr.
28 Jasper cited in his email to Petitioners and will provide the Court with the
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same.
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1 6. An investigation by questioning Mr. Jasper and Ms. Kilby is
2 needed per paragraph 1 and paragraph 5 of the Order to determine who
3 disclosed information to them, when, and where, and to determine if it is
4 relevant to other defendant’s defense.
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7. The Affiant, Debra Jackson also notes that there are
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significant questions of law and fact relied by the Petition, and a stay will
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also allow time to further investigate and answer those issues.
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9 Respondent also notes that Judge Marks’ Order, attached hereto,
10 indicates the Brady obligation is ongoing and compliance was moot prior
11 to this proceeding as Mineral County had done so. Respondent is
12 complying with the Court’s Order of October 10, 2022, and requests that it
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note the ongoing nature of the obligation.
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Respondent also requests a stay of further proceedings in Court to
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allow time for additional discovery of any conflicts or deficiencies in the
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17 system to identify information that needs disclosure and sources
18 disseminating confidential information.
19 A stay of an Order is allowed pursuant to Rule 60 of the Montana
20 Rules of Civil Procedure, and this will allow time to complete and
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implement changes in progress including:
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1. Complete discussions by Mr. Jasper and Ms. Kilby of the
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individuals that told them confidential criminal justice information.
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25 2. Allow completion of the employee manual for hiring and
26 recruitment with adoption by the Commissioners.
27 3. Allow completion of the investigation offered prior to this
28 process in the letters sent to Mr. Jasper prior to this proceeding.
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4. Allow completion of any external investigation of officers and
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disclosure of any relevant information to defendants as it is found.
1 5. Complete the disclosure of information to attorneys and pro se
2 defendant in closed cases.
3 6. This will also allow time to determine if an answer is needed in
4 this proceeding and to schedule a trial and set aside significant time
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needed to determine if the issue has become moot as Judge Marks has
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indicated.
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7. Respondent has not waived Rule 12 and Rule 4 defenses
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9 regarding jurisdiction and process and any other defenses allowed by law
10 if it is determined that an answer and further court proceeding is
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12 DATED this 25th day of October, 2022.
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_______________________________________
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Walter E. Congdon, Civil Deputy for Respondent
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STATE OF MONTANA )
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19 County of Mineral )
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I, DEBRA A. JACKSON, being first duly sworn, state that the facts
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22 and allegations contained in the Rule 16 Motion and Brief are true and
23 correct to the best of my knowledge.
24 1. That my name is Debra A. Jackson.
25 2. That I am over 18 years of age and competent.
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3. I am the Mineral County Attorney for Montana.
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4. That the facts and matters contained in the Verified Rule 16 Motion
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and Brief are true and correct to the best of my personal knowledge,
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1 5. I am submitting this Affidavit in support of my application for a
2 Scheduling Order.
3 Further affiant sayeth naught.
4 DATED this 25th day of October, 2022.
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__________________________
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DEBRA A. JACKSON
8 Mineral County Attorney
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STATE OF MONTANA )
11 :ss
12 County of Mineral )
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SIGNED AND SWORN TO before me on this 25th day of October,
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2022, by DEBRA A. JACKSON.
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18 _______________________________
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Gloria Dominguez
Notary Public for the State of Montana
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