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Senator/paralegal cited for
contempt By CHERY SABOL
The Daily Inter Lake
State Sen. Jerry O'Neil, R-Kalispell, a Flathead Valley paralegal, was
cited for contempt Tuesday and ordered not to practice law.
In a two-day trial in Kalispell before Lake County District Judge Kim
Christopher, O'Neil and the Commission on Unauthorized Practice of Law
faced off.
The standoff began in 2002 with a complaint by the commission, which is
empowered by the Montana Supreme Court.
Among the commission's allegations are that O'Neil practices law by
consulting with customers on legal issues and provides legal advice;
advises customers on their legal rights; drafts pleadings and other legal
documents; prepares pleadings without identifying himself as the
responsible party; attempts to appear on behalf of his customers in court
and advises them during court; advertises in the "attorney" section of the
phone book; and charges fees commensurate with those charged by
attorneys.
In addition, he promotes himself as a member of the state bar on family
law, the commission alleges.
The commission had ordered him to cease; O'Neil refused.
He countered that he is a state senator charged with making laws and is
a member of the Senate Judiciary Committee. He is a member of the Montana
Mediation Association and a licensed tribal attorney in good standing with
the Blackfeet Tribal Courts, but does not engage in the practice of law,
O'Neil asserts.
He acknowledged that the commission had ordered him to stop, but said
that it didn't specify what it was he was supposed to stop.
O'Neil filed a counter-action against the commission, claiming that it
libeled him by telling the Confederated Salish and Kootenai tribal court
that he is not licensed to practice law there. Because of that erroneous
communication, he said, he is not allowed to practice there now.
He said the commission used its rules "as leverage to coerce [him] to
betray his campaign promise to reduce big state government and to increase
the people's access to court."
O'Neil "admits the commission got angry, threatened him, ordered him
about," interfered with his business, and insisted he "cease his
legislative function while coercing him to change his opinion that fair
competition is fundamental to the fair market system."
Given those disparate arguments, Christopher formed her ruling from the
bench late Tuesday.
She found O'Neil to be in contempt -- a civil violation. David Hawkins,
representing the commission, had asked for no penalty for that.
She also issued an injunction stopping O'Neil from unauthorized
practice of law. It will be the commission's responsibility to follow up
and monitor whether O'Neil complies with that order.
On Wednesday, O'Neil said he plans to appeal Christopher's ruling to
the state Supreme Court.
He said the injunction may prevent him from helping people get their
children back from the Department of Family Services.
O'Neil was re-elected last month in Senate District 3, which covers the
area north and west of Kalispell.
Reporter Chery Sabol may be reached at 758-4441 or by e-mail at [EMAIL PROTECTED] | 