[news]
Closing arguments County attorney race turns testy in final weeks by Jessica Mayrer
Missoula County Attorney candidate private practice. While working as a defense there’s a way to move past the lawsuit and Josh Van de Wetering recently stood in front attorney, she successfully represented Uni- improve sex crime prosecutions without of a group of Republicans inside a Double- versity of Montana quarterback Jordan handing over control to the federal govtree Hotel meeting room and heard a vari- Johnson against rape charges. Van de We- ernment. For instance, in addition to hiration of the question he’s been asked on tering, meanwhile, worked with prosecu- ing new staff, she says a new policy manual to guide attorneys working on nearly every stop of the campaign trail: How tors representing Johnson’s accuser. Missoula County Chief Deputy Crimi- sexual assault cases would go a long way would he handle the U.S. Department of Justice’s claims that local prosecutors nal Prosecutor Jen Clark, who has endorsed toward clarifying expectations for proseVan de Wetering, questions Pabst’s record cutors and the public. botched sex crime cases? While the DOJ situation has domiVan de Wetering told the group he’d since leaving Van Valkenburg’s office. In a prefer to negotiate a solution rather than pursue litigation. “I don’t see anything wrong with at least hearing what they have to say,” he added. It comes as little surprise that the sexual assault issue is at the top of voters minds heading into the June 3 primary election. Since 2012, the Missoula County Attorney’s Office has been embroiled in a bitter feud with the DOJ over its handling of sexual assault prosecutions. Outgoing County Attorney Fred Van Valkenburg, who has held the position for 15 years, upped the stakes photos by Cathrine L. Walters when he filed a lawsuit against the feds earlier this year, potenKirsten Pabst and Josh Van de Wetering will face off in the June Democratic Party. tially leaving the mess for his suc- The winner will serve as the next Missoula County Attorney. cessor. And with no Republican candidate running for office, that mess will letter published last week in the Missou- nated the race, both Pabst and Van de Wefall to either Van de Wetering or his Demo- lian, Clark said Pabst’s recent work makes tering have tried to speak to other aspects cratic opponent, former Missoula County her too much of a lightning rod to steer the of the county attorney position. Van de Wetering aims to crack down on prescripChief Criminal Deputy Attorney Kirsten office forward. Pabst. “As a defense attorney, Pabst unneces- tion drug abuse and victimization of the When arguing his qualifications, Van de sarily harmed relationships essential for a elderly, who he says are especially vulnerWetering touts his 10 years of experience county attorney to be effective, particularly able to Internet scams. Pabst has spoken about ending the working as an assistant U.S. attorney general in the area of sexual assault,” Clark wrote. and in private practice defending clients “She engaged in concerning tactics and per- county’s tendency to bully business ownagainst federal charges. He says his time rep- sonal attacks on individuals and agencies.” ers with overzealous regulation. Her resenting and facing off against the DOJ Van de Wetering notes further that stance earned an endorsement from Dunleaves him especially well equipped to steer Pabst led the attorney’s office criminal divi- rovin Ranch owners Sterling and SuzAnne the county out of Van Valkenburg’s lawsuit. sion during the period that the DOJ is alleg- Miller, who were caught in a high-profile battle with the county that threatened to Van de Wetering, who currently runs a ing problems occurred. Pabst addresses the implications and shut them down. Last month, District private practice in Missoula and teaches at the University of Montana School of Law, says he accusations directly, saying she tried to ad- Court Judge Ed McLean sided with the agrees with Van Valkenburg’s argument that dress prosecutorial failings. She says she Millers in a lawsuit filed by the attorney’s the DOJ doesn’t have authority to investigate specifically lobbied Van Valkenburg to hire office, saying he found the county “haa county prosecutor’s office. But his knowl- additional staff capable of bolstering com- rassed this business.” Pabst says she’s heard too many stories edge of the deep-pocketed DOJ leaves him munication with victims and an investigator to build stronger cases, but was told there like the Millers’ and they typify the ongoing inclined to find an alternative to litigation. problems that, if elected, she’d aim to fix. “We’re looking at millions of dollars,” wasn’t enough money. “Under the current administration, In fact, Pabst says her desire to fix those Van de Wetering explained to the group at problems prompted her to assist in the there seems to be this win-at-all-costs apthe Doubletree. Pabst has first-hand experience with the DOJ’s investigation of the attorney’s office proach to solving problems,” Pabst says. DOJ situation, which has led to both criti- shortly after leaving her post. She says the “(County attorneys) then tend to dump uncism from her opponent and praise from DOJ incorporated several of her suggestions limited resources into not solving the problem, but proving a point, or proving that supporters. She worked for the Missoula into its findings. “I was the only prosecutor that coop- we’re right. And that needs to change.” County Attorney’s Office for 14 years, serving as chief deputy criminal attorney be- erated,” Pabst says. jmayrer@missoulanews.com Like her opponent, Pabst believes tween 2006 and 2012, before going into
missoulanews.com • May 15–May 22, 2014 [9]