County hires temporary justice of the peace

With Justice of the Peace Gary Hicks suspended from office, Lincoln County needed a quick solution to fill a void in the court system.

In less than 30 minutes on Wednesday morning, county commissioners found the answer in Terry Utter of Eureka. In fact, Utter took the oath of office without even getting up from his chair following his chat with county leaders.

“I think we see Terry as an ideal appointment for this,” said Lincoln County attorney Bernie Cassidy, who then directed his attention to Utter and added, “You’re seen as a fair judge and the ideal guy – if you’re willing to do it.”

Utter will fill in for Hicks, who is currently on suspension with pay pending a decision by the Montana Supreme Court. Hicks was accused of inappropriate sexual advances toward female defendants. The state Judicial Standards Commission recently recommended his removal from office with the final decision to come by the state’s high court.

“He could be reinstated as judge; I don’t know the likelihood of that,” Cassidy said.

Utter has experience in the judge’s seat with eight years as a justice of the peace in Eureka. However, he stressed to commissioners that he’s not interested in a long-term assignment.

“I’m willing to do it on a temporary basis,” Utter said. “I can be flexible (with his time) but I certainly don’t want to be full-time.”

Commissioners said that’s exactly what they need.

“That’s the reason we wanted someone temporary because we don’t know what’s going to happen,” commissioner Marianne Roose said.

Commissioners wanted someone with experience to avoid the training process. Considering the timeframe involved, such training may take longer than the Supreme Court to make its decision.

“This is an odd situation where none of the statutes are right on point,” Cassidy said about the legality of the county’s action.

Cassidy did refer to the closest applicable statute, however, that basically reads the county can appoint someone to the post. Utter said he hadn’t had any training in the last couple of years and wondered aloud if it was legal for him to fill in.

“Given your experience, it’s legal that they appoint you to this,” Cassidy said.

Utter may only need to travel from Eureka to Libby once or twice per week, depending on workload. An option for hearing certain types of issues via video camera is available.

The county will pay him $19.66 per hour and allow him use of vehicle for travel. The temporary appointment passed, 3-0, with Rita Windom voting via conference call.

Immediately following the meeting, Utter headed to justice court to sign paperwork.