Bench versus bar: Missoula justice of the peace candidates bring differing experience

Holloway spent 21 years in various roles at the Department of Corrections, including working at the Missoula Pre-Release Center and working as a probation and parole officer. In her role as justice of the peace, she's been reelected three times and started Missoula's ROAD Court, which offers treatment and support for DUI offenders. 

Sather has been a courtroom attorney in Montana for 25 years, 18 of which she spent with the Office of the Public Defender. She handled dependency and neglect cases, involuntary mental health commitments, conservatorships and appellate matters. She currently has a private practice representing parents, juveniles and survivors of domestic violence, and also serves as a substitute judge in Missoula's city court.

Justice court handles misdemeanors and citations, usually those that happen outside of city limits, as well as civil matters below $15,000. The court also often handles initial appearances and bail conditions for felony cases. 

Holloway explained that her judicial policy is a balance of holding people accountable, helping them move forward, and keeping the community safe. 

"I think that jail is useful," Holloway said. "Is it good in every situation? No. Should it be the first response? No."

In 2018, Holloway founded ROAD Court for DUI offender treatment, which she said has an 87% success rate and 101 graduates over the last eight years. 

Sather said, if elected, she'd take a look at the ROAD Court and see if any changes need to be made.  

Holloway said that her extensive experience on the bench and in the criminal justice system puts her in the position to make good decisions. 

Unlike most judicial positions, a justice of the peace doesn't need to be a barred lawyer. But they still should be, Sather said.

"I believe the role of justice of the peace is to be an unbiased arbiter of the law," Sather said. "I believe the arbiter of law should be a lawyer." 

Sather said that the biggest difference between her and Holloway is that Sather has practiced as an attorney, while Holloway doesn't have experience arguing before a court of law. Sather said she believes this puts her in a better position to make sure constitutional rights are upheld. 

Sather said that she would use solutions other than jail for nonviolent misdemeanor offenses before someone is found guilty. 

Holloway said that options other than jail are currently available in justice court for sentencing, such as community service. She said that, in the past, she's had juvenile offenders read an article about dangerous driving and write a report as part of their sentence for traffic violations. 

"Now, with AI, that's kind of out of the water," Holloway said. 

In response to an audience member asking what the candidates would change about justice court, Holloway looked at Mayor Andrea Davis and said, "I want more money for treatment." 

Sather said she'd like to start a traffic court for traffic offenses, similar to an existing program in municipal court, to help people get their licenses back and avoid becoming repeat offenders or losing their ability to work.

Holloway said that justice court currently can give extensions to people with suspended licenses to restore their licenses. 

Both candidates also touted their experience connecting with people, Holloway as a justice and Sather as a lawyer. 

An audience member asked how often constitutional issues come up in justice court. Holloway said not often, and that in her 10 years on the bench she'd only had eight cases appealed to district court. Sather disagreed, saying that justice court cases could concern rights like due process and freedom from excessive bail. She said she's heard concerns from lawyers that decisions in justice courts sometimes don't come with analysis or explanation. 

"A defendant deserves to know why they were ruled against," Sather said.

According to their websites, the Missoula Municipal Court judges have all endorsed Sather, while most of the Missoula County District Court judges and Missoula Justice Court Department 1 Justice of the Peace Alex Beal endorsed Holloway. 

The general election will be held on Nov. 3.