Dirk Sandefur

Dirk M. Sandefur
Associate Justice of the Montana Supreme Court
Assumed office
January 2, 2017
Preceded by Patricia O'Brien Cotter
Personal details
Born (1961-10-22) October 22, 1961
Great Falls, Montana, U.S.
Spouse(s) Paula (m. 1988)
Children 3: Taylor (son), Tess (daughter), and Dylan (son)
Education Great Falls High School
Alma mater University of Montana
University of Montana School of Law

Dirk M. Sandefur (born October 22, 1961) is an associate justice of the Montana Supreme Court. His term began on January 2, 2017. He served for eight years as a criminal and civil Deputy Attorney for Cascade County, Montana, before being elected a judge on the 8th Judicial District of the Montana District Court in 2002. He ran for and won election to the Montana Supreme Court in 2016.

Early life and education

Dirk Sandefur was born on October 22, 1961, in Great Falls, Montana,[1] to Glenn and Kathleen (née Kirwan) Sandefur.[2] He was has two siblings, Penny (a sister) and Pat (a brother).[3] His father was a Korean War veteran who became an auto body mechanic and classic car restorer,[3] and his mother a homemaker.[4]

Sandefur attended Great Falls High School, where he graduated with honors in 1980. He then enrolled at the University of Montana in Missoula, graduating (with honors) in 1985 with a Bachelor of Science degree in computer science.[1][4][5]

Sandefur worked as an aide to a construction inspector with the United States Army Corps of Engineers at Malmstrom Air Force Base from 1984 to 1986.[6] In 1987, he moved to Havre, Montana, graduated from the Montana Law Enforcement Academy,[5] and became a police officer.[7] In 1990,[8][7] Sandefur entered the Alexander Blewett III School of Law at the University of Montana (UM Law School). Now married and with children, Sandefur worked full-time while attending law school.[4] He graduated with high honors in 1993,[1][6][9] third in his class of 75.[5]

Sandefur was admitted to the State Bar of Montana in 1993.[1] He worked for a year as an associate in private practice, and in 1994 took a position as a contract public defender with the Office of the State Public Defender.[6][8][9] In 1994, Sandefur became a Deputy Cascade County Attorney, at first prosecuting criminal cases and later serving as Chief Civil Deputy Attorney, overseeing matters such as contracts, education and school law, election law, employment law, law enforcement, property tax disputes, property transactions, real estate subdivision, tort claims, and zoning. He also served concurrently as general counsel to the county.[9]

In 2002, the Montana Legislature added a fourth judge to the 8th Judicial District of the Montana District Court.[10] In a four-way nonpartisan primary race, Sandefur won with 40.6 percent of the vote.[11] As per state law, the top two vote-getters advanced to the general election.[12] In a hotly contested race. Sandefur beat E. Lee Leveque for a six-year term as district court judge, 54.4 to 45.6 percent.[13]

Under Montana state law, judges in uncontested nonpartisan primary elections automatically advance to the general election. The general election then becomes a choice of "retain/do not retain". Sandefur ran unopposed in the 2008 primary,[6] and was retained by a vote of 85.2 to 14.8 percent.[14] Sandefur was unopposed again in the 2014 primary election,[6] and was retained by a vote of 88.7 to 11.3 percent.[15]

The 8th Judicial District is Montana's third-busiest district court. According to an independent study, Sandefur annually disposed of twice the number of cases expected for a judge. Cascade County Attorney John Parker later said Sandefur garnered a reputation for being a tough but fair jurist.[4] On occasion, he also served as a substitute justice on the Montana Supreme Court.[16]

Montana Supreme Court

2016 primary election

In 2015, Montana State Supreme Court Associate Justice Patricia O'Brien Cotter announced she would not seek re-election.[12] On February 5, 2015, Sandefur filed to run for Cotter's seat.[9][7] Over the next six weeks, Sandefur raised $46,431, and spent $2,834. The Bozeman Daily Chronicle described it as a "fast out of the gate" fundraising pace.[17]

Sandefur's first opponent emerged in May 2015 when Kristen Juras, a private-practice attorney and former UM Law School adjunct professor, filed for Cotter's seat as well.[18] Supporters of the two candidates reflected the distinct judicial philosophies of Sandefur and Juras. In June, Dave Galt, executive director of the Montana Petroleum Association and secretary-treasurer of the Montana Gas and Oil Political Action Committee, hosted a fundraiser for Juras. Co-hosts included Errol Galt, the Republican National Committee member; Chuck Denowh, executive director of the Montana Republican Party; and staff of the Montana Group, a public relations firm which worked primarily for conservative candidates. About the same time, Sandefur himself hosted a fundraising event which attracted donors such as Jorge Quintana, Democratic National Committee member; Pam Bucy, the Democratic Montana Commissioner of Labor and Industry; and Maggie Moran, executive director of NARAL Pro-Choice Montana.[19] Over the next six months, Sandefur raised about $100,000, leaving him with $133,000 cash on hand. Juras raised $41,000, leaving her with $22,400 cash on hand. Both candidates found strong support in the legal and business communities.[20] By the end of 2015, Sandefur had raised a total of $190,115. Juras collected only $48,000, but maintained that she had turned down money because both candidates automatically advanced to the general election unless a third candidate emerged. (State law required judicial candidates to return primary donations if they automatically advanced.) Sandefur countered claims that he was relying on liberal donors by noting that his state election finance report showed 136 Republicans and 124 Democrats[21] among his 902 contributors.[5]

During the primary season, the candidates appeared together only once, in Missoula at a forum in March 2016 sponsored by the American Civil Liberties Union (ACLU).[22]

On March 11, 2016, Eric Mills, a private-practice attorney, also filed for Cotter's Supreme Court seat.[23][lower-alpha 1] By the end of May 2016, Sandefur had raised $248,000 and spent $116,000, while Juras raised $94,000 and $66,000. Mills raised $270.[24]

In the June 7, 2016,[12] nonpartisan primary, Juras won 44.1 percent of the votes (100,846), Sandefur received 34.5 percent of the votes (78,855), and Mills was last with 21.4 of the vote (48,965).[25] Juras and Sandefur advanced to the general (nonpartisan) election.

2016 general election

By the end of August, Sandefur had raised a total of $329,053 in 2015 and 2016, while Juras raised a total of $159,055 in the same period.[22] By this time, MEA-MFT, the Montana AFL-CIO, Montana Conservation Voters, a number of district and municipal court judges,[22] Montana Supreme Court Chief Justice Mike McGrath, retiring Associate Justice Cotter, and 10 retired Montana Supreme Court justices had endorsed Sandefur.[26][27] Juras, meanwhile, won the endorsements of the Montana Bankers Association, Montana Chamber of Commerce, Montana Contractors Association, and Montana Farm Bureau Federation PAC.[22]

The general election race was a contentious one. The first general election public forum at which Sandefur and Juras met was in Great Falls on September 7. Juras emphasized her work for farmers, ranches, and small business owners, and claimed Sandefur had injected partisan politics into the race. Sandefur argued Juras had little real courtroom experience, and denigrated at her stand on a number of legal issues (including ongoing litigation over the Montana Stream Access Law).[22] At a Western Montana Bar Association forum a week later, the legal community audience asked tough questions about Juras' position on the stream access law, her legal work for the Crop Growers Insurance (which was under state investigation for money laundering and making illegal campaign contributions), and comments she made on the radio about injecting conservative Judeo-Christian ethics into her legal decision-making. Sandefur strongly attacked Juras' on the same issues.[26]

In October, the news media reported that the Republican State Leadership Committee (RSLC; a political organization dedicated to helping Republicans win state office) was spending heavily to defeat Sandefur. The RSLC, which spent almost $500,000 in 2014 Montana Supreme Court races, gave $93,065 to a Montana group organized to oppose Sandefur, which included $21,361 for television advertising and $43,000 for polling and opposition research. Controversially, the RSLC paid for an attack ad titled "Last Straw", accusing Sandefur of only lightly punishing child pornographers and men who sexually assaulted or raped children. Sandefur angrily called the ad's claims "lies".[28] Other attack ads were also run by the RSLC. Meanwhile, the Montana Trial Lawyers Association endorsed Sandefur.[29]

The "Last Straw" ad drew condemnation from a wide range of sources. Mike McGrath, Chief Justice of the Montana Supreme Court (and a Sandefur endorser), claimed the ad cherry picked Sandefur's record and attacked the RSLC as a dark money organization whose secrecy was alien to Montana values.[29] By October 20, 25 current and former judges across the state had denounced the ad in a joint letter sent to newspapers throughout the state. Sandefur responded to the attack ad by in which he said, "In Montana we can smell BS a mile away. That's what these are. Let's put them in the trash where they belong."[27] Despite the controversy over "Last Straw", Juras was endorsed by Montana Supreme Court Associate Justice Jim Rice.[27]

Additional controversies erupted in October as well. On October 11, 8th District Court Judge Greg Pinski accused Juras of violating the Montana Code of Judicial Conduct by having contributed $50 to SafeMontana, a group opposed to Montana's medical marijuana law. Pinski noted that Juras made the donation a month after she had filed for her Supreme Court candidacy, and that the code of conduct prohibited judicial candidates from engaging in partisan activity. Both Pinski and retired Montana Supreme Court Associate Justice James C. Nelson said the donation called into question Juras' objectivity, especially since medical marijuana issues often came before the state supreme court. Sandefur, who said he knew of Juras' donation when it was made, had no comment.[30] On October 19, Juras accused Sandefur of using his courtroom as a backdrop in his television ads. She argued that this violated the Montana Code of Judicial Conduct. Sandefur said that use of a courtroom as a backdrop had received approval from both the Montana Commissioner of Political Practices and the Montana State Attorney General.[31] The two candidates attended at forum at the UM Law School on October 19. Sandefur claimed Juras lacked the expertise to be a Montana Supreme Court judge, and trial lawyer Alexander Blewett III (for whom the law school is named) repeatedly pressed Juras to admit or deny the allegations made in the "Last Straw" and other attack ads. At the end of the forum, Juras she believed Sandefur was indeed "soft on crime".[32]

As the race neared its conclusion, final election finance reports showed that the two candidates had raised $633,868 for their campaigns. Political action committees (PACs) raised another $518,262, each candidate raising roughly equal proportions. After adjusting for inflation, the Sandefur campaign and pro-Sandefur PACs raised about $900,000, a record for the most money raised in a Montana Supreme Court race.[32] By October 26, total candidate, PAC, and other spending neared the $1.6 million mark, and the news media believed spending would surpass the record set in 2014.[33][34]

In the final days of the campaign, the Montana Democratic Party spent more than $60,000 supporting Sandefur.[33][34] Montana Commissioner of Political Practices Jonathan Motl said it was the first time in memory that a state political party had spent money in a Montana Supreme Court race. Juras condemned the expenditure, claiming Democrats had turned politicized a nonpartisan race.[33] Republican State Leadership Committee spending topped $225,000 for Juras, while Montanans for Liberty and Justice (a trial lawyers PAC) spent more than $350,000 supporting Sandefur.[34] Expenditures by the RSLC led the Montana Trial Lawyers Association to make two state election finance complaints. The first complaint alleged that the group StopSetEmFreeSandefur.com Committee had reported receiving nearly all its funding from the Republican State Leadership Committee—Judicial Fairness Initiative Montana PAC ("Montana PAC"), when in fact the group's funding came from the similarly-named Republican State Leadership Committee's Judicial Fairness Initiative ("Judicial Fairness Initiative"). The complaint alleged that "Judicial Fairness Initiative" failed to file reports with the state Commissioner of Political Practices regarding its operations in the state, its fundraising, and its donations to other groups, as required by state law. The second complaint alleged that StopSetEmFreeSandefur.com Committee had misreported the source of its funds, and had purposefully delayed reporting some of campaign activity in violation of state law. The two national groups had spent at least $268,000 opposing Sandefur.[35]

In the general nonpartisan election held on November 8, 2016, Dirk Sandefur received 56.1 percent of the vote (254,811), while Kristen Juras received 43.9 percent of the vote (199,148).[36][37]

The Sandefur campaign raised more than $504,000 in the race. Pro-Sandefur political action committees raised another $1 million, while the Montana Democratic Party spent $62,000. The Juras campaign raised about $210,000. Pro-Juras political action committees raised another $268,000.[35]

First Supreme Court term

Dirk Sandefur was sworn in for an eight-year term on the Montana Supreme Court on January 2, 2017.[38]

Personal life

Sandefur and his wife, Paula, have three children: son Taylor, daughter Tess, and son Dylan.[5]

Electoral history

2002

2002 8th Judicial District, Department D, Montana District Court Primary Election[11]
Party Candidate Votes %
Nonpartisan Dirk Sandefur 5,736 40.6
Nonpartisan E. Lee Leveque 3,567 25.2
Nonpartisan Floyd Corder 2,439 17.3
Nonpartisan Eric Olson 2,391 16.9
2002 8th Judicial District, Department D, Montana District Court General Election[13]
Party Candidate Votes %
Nonpartisan Dirk Sandefur 13,565 54.4
Nonpartisan E. Lee Leveque 11,385 45.6

2008

2008 8th Judicial District, Department D, Montana District Court General Election[14]
Party Candidate Votes %
Nonpartisan Dirk Sandefur - retain 27,608 85.2
Nonpartisan Dirk Sandefur - do not retain 4,797 14.8

2014

2014 8th Judicial District, Department D, Montana District Court General Election[15]
Party Candidate Votes %
Nonpartisan Dirk Sandefur - retain 21,403 88.7
Nonpartisan Dirk Sandefur - do not retain 2,736 11.3

2016

2016 Montana Supreme Court, Seat #3, Primary Election[25]
Party Candidate Votes %
Nonpartisan Kristen Juras 100,846 44.1
Nonpartisan Dirk Sandefur 78,855 34.5
Nonpartisan Eric Mills 48,965 21.4
2016 Montana Supreme Court, Seat #3, General Election[36]
Party Candidate Votes %
Nonpartisan Dirk Sandefur 254,811 56.13
Nonpartisan Kristen Juras 199,148 43.87

References

Notes
  1. ↑ All three candidates were from Great Falls.[12]
Citations
  1. 1 2 3 4 Finn et al. 2009, p. 1485.
  2. ↑ "District Judge Sworn In". Phillips County News. January 8, 2003. p. 5. Retrieved February 23, 2017.
  3. 1 2 "Deaths: Glenn A. Sandefur". Great Falls Tribune. March 24, 2009. Retrieved February 23, 2017.
  4. 1 2 3 4 "Gazette opinion: Send Judge Sandefur to Montana Supreme Court". Billings Gazette. October 20, 2016. Retrieved February 23, 2017.
  5. 1 2 3 4 5 Drake, Phil (February 10, 2016). "Two candidates vie for Supreme Court seat No. 3". Great Falls Tribune. Retrieved February 23, 2017.
  6. 1 2 3 4 5 "Supreme Court: Juras, Sandefur, Mills". Great Falls Tribune. May 10, 2016. Retrieved February 1, 2017.
  7. 1 2 3 "District Court judge announces Supreme Court candidacy". Associated Press. February 10, 2015. Retrieved February 23, 2017.
  8. 1 2 Fisher, Andrea (December 16, 2016). "Sandefur says goodbye at Cascade County Courthouse". Great Falls Tribune. Retrieved February 23, 2017.
  9. 1 2 3 4 Sherman, David (February 9, 2015). "Sandefur announces candidacy for Montana Supreme Court". KRTV.com. Retrieved February 23, 2017.
  10. ↑ "Montana Supreme Court candidate profile: Dirk Sandefur". KRTV.com. February 16, 2016. Retrieved February 23, 2017.
  11. 1 2 Montana Secretary of State (June 24, 2002). Cascade County Abstract of Votes: 2002 Primary Election. Non-Partisan Ballot (PDF) (Report). pp. 1–2. Retrieved February 23, 2017.
  12. 1 2 3 4 Ross, Alex (April 13, 2016). "Juras stumps for Montana Supreme Court seat". Havre Daily News. Retrieved February 23, 2017.
  13. 1 2 Montana Secretary of State (December 3, 2002). Cascade County Abstract of Votes: 2002 General Election (PDF) (Report). pp. 3–4. Retrieved February 23, 2017.
  14. 1 2 Montana Secretary of State (November 21, 2008). Cascade County Abstract of Votes: 2002 General Election (Report). p. 1. Retrieved February 23, 2017.
  15. 1 2 Montana Secretary of State (December 2, 2014). "2014 General Election - November 4, 2014. Cascade County Results". Retrieved February 23, 2017.
  16. ↑ Franz, Justin (March 3, 2016). "Supreme Court Candidate Vows to Keep Politics Out of Justice System". Flathead Beacon. Retrieved February 23, 2017.
  17. ↑ Carter, Troy (April 9, 2015). "Bullock's re-election fundraising picks up speed". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  18. ↑ Carter, Troy (May 11, 2015). "UM prof prepares campaign for Montana high court". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  19. ↑ Carter, Troy (June 2, 2015). "Fundraisers hint at partisanship in 2016 Supreme Court election". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  20. ↑ Dennison, Mike (October 7, 2015). "Money piles up in 2016 Montana Supreme Court race". Retrieved February 23, 2017.
  21. ↑ Carter, Troy (January 7, 2016). "Sandefur reports strong fourth-quarter fundraising in Montana Supreme Court race". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  22. 1 2 3 4 5 Drake, Phil (September 8, 2016). "Supreme Court candidates face off in Great Falls". Great Falls Tribune. Retrieved February 23, 2017.
  23. ↑ "Mills enters Supreme Court race". Great Falls Tribune. March 12, 2016. Retrieved February 23, 2017.
  24. ↑ Drake, Phil (June 7, 2016). "Juras, Sandefur victorious in Supreme Court race". Great Falls Tribune. Retrieved February 23, 2017.
  25. 1 2 Montana Secretary of State (July 26, 2016). 2016 Statewide Primary Election Canvass. Supreme Court Justice #3 (Full Term) Non-Partisan (PDF) (Report). Retrieved February 23, 2017.
  26. 1 2 Chaney, Rob (September 16, 2016). "Juras, Sandefur trade jabs on same-sex marriage, stream access". Associated Press. Retrieved February 23, 2017.
  27. 1 2 3 Carter, Troy (October 20, 2016). "Dozens of judges criticize GOP attack on Sandefur, Justice Rice endorses Juras". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  28. ↑ Carter, Troy (October 5, 2016). "GOP group attacks Dirk Sandefur in Montana Supreme Court race". Bozeman Daily Chronicle. Retrieved February 23, 2017.
  29. 1 2 Fraser, Jayme (October 10, 2016). "Supreme Court candidates suggest their opponents have been bought". The Montana Standard. Retrieved February 23, 2017.
  30. ↑ Drake, Phil (October 12, 2016). "Supreme Court candidate's donation called into question". Great Falls Tribune. Retrieved February 23, 2017.
  31. ↑ Drake, Phil (October 20, 2016). "Juras, Sandefur spar over ethics allegations". Great Falls Tribune. Retrieved February 23, 2017.
  32. 1 2 Drake, Phil (October 20, 2016). "Sandefur goes on attack at candidate event". Great Falls Tribune. Retrieved February 23, 2017.
  33. 1 2 3 "Montana Supreme Court race could set fundraising record". Great Falls Tribune. October 26, 2016. Retrieved February 23, 2017.
  34. 1 2 3 Johnson, Gene (November 1, 2016). "A look at notable state supreme court races in 2016". Associated Press. Retrieved February 23, 2017.
  35. 1 2 Fraser, Jayme (November 1, 2016). "Ruling: GOP group violated spending law in Supreme Court race". The Missoulian. Retrieved February 23, 2017.
  36. 1 2 Montana Secretary of State (December 6, 2016). 2016 Statewide General Election Canvass. Supreme Court Justice #3 Full Term (PDF) (Report). Retrieved February 23, 2017.
  37. ↑ "Sandefur Elected Montana's Next Supreme Court Justice". Associated Press. November 9, 2016. Retrieved February 1, 2017; "Montana Supreme Court Justice #3. Results: Dirk Sandefur Wins". The New York Times. December 13, 2016. Retrieved February 1, 2017.
  38. ↑ Ambarian, Jonathan (January 2, 2017). "Montana Legislature starts session, Bullock begins second term". KTVH.com. Retrieved February 23, 2017.

Bibliography

Legal offices
Preceded by
Patricia O'Brien Cotter		 Associate Justice of the Montana Supreme Court
2017–present 		Incumbent
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