Judge Jayne not impartial
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Editor,
On May 15, 2013, I, John McFarland, Respondent, was present for Court at 4 p.m. The petitioner was not present in the courtroom. My attorney 15 minutes later requested that this case be dismissed. Pursuant to Montana Justice and City Court Rules of Civil Procedure Rule 16 B, which states in part “If a plaintiff fails to appear at the time fixed for trial, the Judge shall dismiss the plaintiff’s claim with prejudice and award costs to the defendant.”
Judge Jayne dismissed this case. We went to our cars. We were called back to Court. Judge Jayne stated she would now hold Court as the petitioner was in the Courtroom. Judge Jayne is a Tribal member. She serves as Appellate Court Justice for the Confederated Salish and Kootenai Tribes. The plaintiff is a Tribal Member Lay Associate Justice for the Appellate Court for the Tribe. Judge Jayne should have “recused” herself from hearing this case.
The plaintiff accused me of pushing his boy down at the bus stop, which never happened. I did mention to the boy we should not damage public property, which was happening at the bus stop. The prior eight months I walked our 5 year old to the bus stop, waiting there.
Judge Jayne stated, “at 5 p.m. I am going home,” only stopping to ask, “Did Mr. McFarland ever apologize for this?” She gave a one year Protection Order against me.
Some may turn this into an Indian White race bait thing. This should not be about race. For the sake of argument, say a court case involved two Tribal members, one against the other in her courtroom; in my opinion, she may pick the better friend to win. Judges who pick and choose sides at will to meet their own fancy should not be on the bench.
John “Jack” McFarland
Polson
