Publishers Corner

Supreme Court Decision

On December 17, 2019, the Montana Supreme Court issued a decision in the case of Musselshell County Sheriff Shawn Lesnik vs. Ronnie Burns candidate for sheriff. The case revolved around the issue of whether or not Ronnie Burns is responsible for attorney fees incurred by Sheriff Lesnik.

District Court Judge Katherine M. Bidegaray, ruled against Sheriff Lesnik's motion to recoup attorney fees through the botched recount motion instigated by Ronnie Burns's attorney Chris Gallus and the handpicked attorney Wally Congdon. Attorney Congdon represented Musselshell County after Musselshell County Attorney Kevin Peterson recused himself from the election fiasco. Former commissioner Goffena and current county commissioner Berry also approved the hiring of attorney Congdon.

Justice Ingrid Gustafson wrote the opinion for the Montana Supreme Court. On page 5 of the 14-page decision, Justice Gustafson recounts that "Burns and the County agreed to procedures and parameters for the recount that was not consistent with the requirements of 13-15-206, MCA." Justice Gustafson continues on page 12. "The County agreed to parameters for the recount that clearly violated 13-15-206, MCA. Lesnik bore the entire burden to halt the recount taking place under the illegal parameters." "The County's involvement "was hardly the usual effort" of a governmental entity "seeking enforcement of the law." "We conclude that the District Court abused its discretion when it denied attorney fees to Lesnik under the private attorney general doctrine. Thus, it is appropriate to reverse and remand this matter to the District Court to award Lesnik his reasonable attorney fees."

"The District Court Order denying attorney fees is reversed and remanded for further proceedings consistent with this Opinion.”

This newspaper for the last six months has attempted to acquire public communications between the County Attorney Peterson and individuals within the county government about the 2018 election cycle. But Attorney Peterson has declined our requests. As the publisher and a citizen of Musselshell County. Questions remain of who played a part in the shenanigans during the election cycle, why was the sanctity of the election booth violated and who would benefit from this attempted coup? We will continue to uncover and expose those responsible!

Dave Ponte

Publisher