O'Neil critiques court decision

The Montana Supreme Court recently handed down a decision which denies me a jury trial because they say I am a "lay advocate" and not an "advocate and counselor" with the Blackfeet Tribal Court.

I realize the Montana Supreme Court cannot afford to let a jury decide that my helping people is proper. Being the head of the monopoly known as the "integrated bar," they have too much to lose if a jury rules in my favor. Therefore, they have to allow the lower court to summarily rule against me without allowing me a jury trial.

But I would appreciate it if they didn't overlook the fact that I am an "advocate," or include the lie, in their opinion, which states that I am a "lay advocate" in the Blackfeet Tribe.

When Chief Justice Gray states, "The devil is in the details," does she mean the court is justified to lie about those details in order to reach its desired end? This shallow obfuscation is demeaning to the intelligence of the members of Montana's highest court and to the Montana public.

There are three levels of advocates in the Blackfeet Tribal Court — "attorney advocates," who are licensed by the Montana Supreme Court, "lay advocates," who are members of the Blackfeet Tribe, and "advocates," (advocate and counselor) who have successfully completed an application and questionnaire on tribal law prepared by the chief judge and paid the required admission fee.

To support the lie that I am a "lay advocate" ignores my certificate of admission, which was attached to the appellants' opening brief; ignores that fact that I am not a member of the Blackfeet Tribe; and ignores the transcript (page 359, lines 1-4) where Judge Christopher acknowledges, "You've indicated and provided proof to the court that the Tribal — the Blackfeet Tribal Court — does authorize you to appear before them as an advocate and a counselor."

The court should also be ashamed of itself for predicating Montana citizens' right to privacy in communications on the requirement they be licensed by the state before they make those communications.

Being the highest court in the State of Montana, surely the Montana Supreme Court can draft opinions which accomplish its purposes without having to include lies in them.

Jerry O'Neil, of Columbia Falls, is a state senator and recently unsuccessfully ran for judge in the Flathead County Justice Court.