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Kimberly Deschene recall, Meagher County, Montana (2016)
| Meagher County Attorney recall |
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| Officeholders |
| Recall status |
| See also |
| Recall overview Political recall efforts, 2016 Recalls in Montana Montana recall laws County official recalls Recall reports |
An effort to recall Kimberly Deschene from her position as Meagher County attorney in Montana was launched in June 2016. The petition was filed by Katherine Walter, who claimed that Deschene had mishandled court cases, including one involving Walter's husband.[1] This recall did not go to a vote.
Deschene filed in court saying that the accusations in the recall petition were too broad. On July 20, 2016, Judge Randal I. Spaulding agreed, barring Walter from collecting more signatures.[1] Walter and her attorney, Brian Miller, then drafted a new recall petition with clearer accusations. Deschene again challenged the petition in court, and on September 6, 2016, Judge Blair Jones issued an order barring Walter from continuing with the recall petition.[2]
Deschene did not seek re-election in 2018.[3]
Recall supporters
Walter's petition accused Deschene of professional negligence, failure to prepare for trial, lack of communication, and misrepresentation. One of the cases that prompted Walter to seek a recall involved her husband, who was assaulted in 2015. The charge against the defendant was reduced to a misdemeanor, and Walter claimed that Deschene did not examine all of the medical evidence. Walter said that others had reached out to her with complaints of Deschene's performance. Another allegation against the county attorney was that she has a conflict of interest in DUI cases because Deschene owns a bar in White Sulphur Springs.[4]
Recall opponents
Deschene claimed that Walter "does not allege one fact from which she has personal knowledge." She called the recall effort a "smear campaign." County Commissioner Ben Hurwitz said that he read the petition and that it had a "bunch of stuff that is not true."[5]
Subpoena by Deschene
After Judge Spaulding ruled against the recall petition, Deschene filed a subpoena that requested a copy of the recall petition, names of those who had signed it, all posts that Walter had made about the recall on social media, copies of emails that she had sent to media outlets, and the "names of all persons that you have contacted who failed and/or refused to sign your recall petition." She is seeking the information, she said, for a possible defamation lawsuit.[1]
Walter's attorney filed a protective order against the subpoena. The order argued that social media posts and the names of those who had signed the petition are protected political speech. "But the broad, sweeping evidence sought by the plaintiff here is now relevant to those issues and constitutes an impermissible fishing expedition," it continued. Deschene's attorney, Terry Schaplow, countered with a court brief stating that "subpoena requests were caused by (Walter's) own actions on Facebook and are not burdensome."[1]
Path to the ballot
- See also: Laws governing recall in Montana
In Montana, officials may be recalled for "physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct or conviction of a felony offense." Proponents would have needed to collect 215 valid signatures to put the recall on the ballot.[1]
Recent news
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See also
External links
Additional reading
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Billings Gazette, "Meagher County attorney recall effort turns to the courts," July 26, 2016
- ↑ Independent Record, "Judge rules against Meagher County recall petition," September 12, 2016
- ↑ Great Falls Tribune, "Bar-owning Meagher County attorney leaving elected position after rocky terms," July 16, 2018
- ↑ Billings Gazette, "Meagher County attorney faces recall petition, denies allegations of misconduct," July 1, 2016
- ↑ Great Falls Tribune, "Recall petition launched in Meagher County," July 7, 2016
