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Viewpoint: Montana doesn’t need partisan manipulation of court

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Viewpoint: Montana doesn’t need partisan manipulation of court


David Paoli

Attorney General Austin Knudsen was called to account for multiple, egregious violations of the rules that govern all Montana lawyers. Unimaginable as it seems, Montana’s Attorney General brazenly disobeyed a direct, final order of the Montana Supreme Court. And he did so knowingly. Knudsen continued to defy that order for nearly one full year, while publicly calling judges liars who engage in misconduct.

In essence, Knudsen’s position is that he alone, among all Montana lawyers, is special; that his pledge to adhere to the Rules of Professional Conduct was somehow less binding than all the other lawyers in the State who swore the same pledge. He has denied none of what he is accused of and if any other lawyer had engaged in similar despicable conduct they would have been summarily disbarred.

Recently, Montana Republican Party Chairman Don K. KaltSchmidt, seeking to politicize the matter, publicly decried the procedures and thoughtful decision of Montana’s Commission on Practice (the body responsible for disciplining lawyers) as a “show trial”, “weaponization”, and “partisan manipulation” of the system. He also attacked the person who filed the complaint against Knudsen, Clara Ellen Roberts, ignoring the inconvenient truth that Ms. Roberts grew up in Billings, attended college in Missoula and is a licensed Montana lawyer.

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Truth is, the only partisan manipulation to be seen is that which the hopelessly biased Republican party chair, Don K., relentlessly forces upon Montana citizens and Montana’s judiciary. He just can’t seem to grasp the fact that politics has no place in either the courtroom, or in attorney disciplinary proceedings, both of which are – and must always remain – arenas in which facts and applicable laws are the only thing that matters.

One thing distinguishes the United States of America from any two-bit authoritarian regime or banana republic. It is respect for the rule of law. Without that, we are left with the law of the jungle, where none of us can stand on equal footing with the rich and powerful. And there is no place in America where anyone, and especially an attorney, is entitled to a “Get Out of Jail Free” card after disobeying a direct, final court order. Knudsen does not get to disobey these rules by claiming “separation of powers.” No, Don K, Knudsen’s brand of intentional misconduct is not a part of his “constitutional duties”, far from it.

Don K’s shameful, revisionist view pins a “badge of honor” on an attorney who has trashed his most basic professional obligations, defied the rule of law and run roughshod over the rules of common civility – you know, that stuff we were all supposed to learn in kindergarten.

No Don K., Austin Knudsen has not been singled out for unfair treatment. His case is being handled just the same as that of any attorney who breaks the rules. This is not a show trial or a weaponization of the system. What you’re seeing is due process and accountability for a wrongdoer.

Montanans do not want, let alone need, politics in the courtroom. Montanans want and need the courtroom to be a sanctuary in which facts, law, and justice are all that matters.

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Don K, if you truly want to enhance the “integrity of the legal system and the fundamental principles of democracy,” encourage Knudsen to stop breaking the rules. And, you can help by ending the constant spread of conspiracy theories.

It’s not Ok, Don K, to defend rule breakers by labeling or impugning others who have the audacity to enforce the rules. Integrity demands we support and encourage our fellow citizens who bring rule breakers to answer for their conduct.

David Paoli is an attorney in Missoula.





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Missoula and Western Montana neighbors: Obituaries for March 20

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Missoula and Western Montana neighbors: Obituaries for March 20





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Montana smokejumper Sam Forstag aims to flip House seat blue

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Montana smokejumper Sam Forstag aims to flip House seat blue


Montana hasn’t elected a Democrat to the House since the late 1990s. Smokejumper Sam Forstag, who jumps out of planes into the remote wilderness to put out wildfires, is trying to change that. Forstag joins “The Takeout” to lay out his progressive campaign in the deep-red state.



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Amazing America: Smokejumpers share how job evolved through the years

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Amazing America: Smokejumpers share how job evolved through the years


In this week’s Amazing America, NBC Montana is highlighting smokejumpers and their efforts to keep our communities safe during wildfire season.

NBC Montana caught up with a current and a former smokejumper to learn more about the work they do and how the job has changed throughout the years.

Jim Kitchen was a smokejumper for 20 seasons, fought over 100 fires and raised his three daughters on a smokejumper base, where he served as base commander.

Kitchen says he’ll never forget his first jump, when he started training in Fairbanks, Alaska, in 1987.

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“I went, ‘That was amazing,’ and he goes, ‘Yeah,’ and I go, ‘Have you ever done anything as amazing in your life? I mean, we just made our first jump,” said Kitchen.

Kitchen told NBC Montana when he laughed his crew had to do 50 pushups.

Kitchen saw several changes during his career, including women entering a historically male-dominated field. He told NBC Montana Deanne Shulman, the first woman smokejumper, paved the way for the industry.

He recalled a time when he was on a trip to Washington, D.C. , in the early ’90s to coordinate emergency response, when a U.S. Department of State official asked him a question.

“He goes, ‘I didn’t realize men were smokejumpers.’ And I had to go, ‘Peter, I’ll have you know, there’s quite a few of us, and actually, it’s the women that are rare,’” said Kitchen “The early ladies in smokejumping, they always met and exceeded the bar, and they were instrumental in doing these winter details.”

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Another change he oversaw as base commander, was moving from round parachutes used in World War II, to the ones used today.

“Ram-Air parachutes that inflate make the shape of the wing and they actually have about a 20 mph forward speed. And so you can you can fly those in much windier conditions, higher elevations,” said Kitchen.

Kitchen says the job requires you to roll with the punches and make quick decisions on the fly.

He said while training new jumpers, he taught them early to prepare and never hesitate.

“The only thing that we ask of you is that you take all the information that you can and then make a decision,” said Kitchen.

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Nick Holloway, a current Missoula smokejumper, who’s been working for 14 seasons, says it’s important to rely on your training, stay positive and persevere.

“Having done this for a few years, it’s just trying to know that essentially every season is a marathon, it’s not a sprint. Just stay healthy, stay focused and keep having a good time,” said Holloway.

NBC Montana asked both men what they were most proud of during their time jumping.

Kitchen recalled fighting a fire near the Grand Canyon, when he and his crew decided to manage a fire instead of suppressing it when they ponderosa pine trees.

The crew let the fire burn to a plateau, “The Ponderosa pine has about a 20 to 30-year fire return interval in that area,” said Kitchen. “That’s one of the high points as far as land stewardship of my career is seeing fire on a landscape escape and not necessarily suppressing it but allowing it to burn, because then you’re saying it’s good for decades after that.”

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Holloway told NBC Montana, while he has “too many to count,” he’s most proud that recently he jumped a 3- to 5-acre fire at Yellowstone National Park.

The fire grew to 8 acres, “So seven days later we got around everything, put it all out and essentially with a good product upon departure. So it’s just a classic example of a smokejumper fire.”

Holloway says staying fit for annual trainings, regardless of experience, is critical to staying fire-ready.

“Pushups, pullups, sit-ups, a certain amount and then a mile and a half in a certain time as well,” said Holloway.

Kitchen told NBC Montana he still does his pullups, pushups and sit-ups.

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“Many of my colleagues are still in really fit shape even in their 60s, 70s and 80s,” he said.



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