| JS: Hi, I'm here with John Parker, Democratic candidate for state attorney general here in Montana. Would you like to go ahead and introduce yourself and make an argument for your candidacy?
Parker: Thanks, Jay.
My name is John Parker. I'm currently the leader of the Democrats in the Montana House. I'm also a career prosecutor. I've handled over 850 cases, everything ranging from homicide to attempted homicide, arson, burglary, armed robbery, meth labs, felony nonpayment of child support. And if you add that together with youth court cases and misdemeanors, I've actually handled over 1,000 cases.
I'm running for attorney general really for many of the same reasons that I pursued the career I've chosen, which is I want to make Montana safer place to live. And I've spent years working for this both through the legislation I've carried and passed, and through the cases I've handled in court. So it's really it's not a new project for me. It's something I believe in very strongly. I want to take it to a higher level, and I'm very excited about the support I've been receiving, especially in the last few days.
JS: Cool. One of your strengths that your supporters are talking up, is your experience in the legislature. You want to talk about some of the things that you did for Montana's...legal system, whatever, some of the laws that you helped pass, and write, that you think are applicable to this job?
Parker: Well, one that comes to mind is a bill that I passed that created a jurisdictional basis for drug treatment courts. What a lot of people don't know is these courts are very locally driven. It's not a cookie cutter statute, it allows for local communities to analyze whether they want to target a juvenile population, a family court scenario involving abused and neglected kids. They can basically cut it to fit the parameters they want. And so, my statute provides a basis for them to operate however they would like.
These courts were instituted prior to the existence of that statute, and I felt it was necessary to offer some guidance, because one of the possible penalties in treatment court could be a jail sanction. And I wanted to take any issue of wrongful arrest off the table, because participation in drug treatment courts is strictly voluntary.
But I thought this statute offered some guidance.
I also led the push for state funding for these courts. Because there was a real, live question on the table, how would they remain in operation after federal startup funds expired?
Another bill I'd like to see more work on is access to justice for low income families in civil matters. Everyone knows we've enacted the state public defenders system; I was deeply involved in that work for two years. There's not the same constitutional obligation to provide counsel in civil cases. And, as many people know, whether it's a landlord/tenant setting, or a, particularly family law, the state just simply can't afford to provide an attorney for everyone who needs one.
So the Law and Justice interim Committee, when I was chair, spent two years trying to develop an access to justice statute, with some low-cost, high-yield take-homes along the lines of standardized forms for people that can't afford an attorney, training DVDs that can be cheaply disseminated throughout the 56 county courthouses, and so on.
This statute didn't pass in the 2007 session, although there was some one-time only funding allocated. I believe we need a statue to make it very clear this is a policy of the state.
JS: Okay. You mentioned your work on drug courts, and, by the way, I'm a big fan of drug courts...
Parker: Great.
JS: Actually I think we could go a little further. I know there was a bill in California - Proposition 36? - that mandated treatment instead of jail time for first and second nonviolent drug offenders, and also had, I believe...sort of, was a mixture of job training programs and didn't rely on drug testing, but more, you know the progress that the actual offender would make through this program.
Is that something you would be interested in looking at, closer?
Parker: I'd be willing to evaluate that. In my experience, first-time nonviolent people charged with criminal drug possession do get probationary sentences. First-time offenders who get any kind of incarceration sanction are typically either producing methamphetamine, or distributing it, which I can understand the need for incarceration in that setting, because these are the folks getting other people addicted, ruining other people's lives, so I always like to draw that bright line, depending how high up the food chain somebody is.
But in my experience, courts around the state take a very remedial posture for that first-time nonviolent offender. I think that makes sense.
JS: You mentioned meth. What's the situation like right now, battling meth? How are we doing, and what can we do better, and what would you do as AG to help fight meth here in the state?
Parker: Jay, in my experience, the nature of crime is ever-changing. Between my statute that increased possible penalties for meth labs, and Senator Trudi Schmidt's statute that placed pseudoephedrine behind the counter, the market for meth labs in Montana really has shut down. There's been a dramatic decrease.
But when one door closes, another opens, and what's happened in the drug world, is that's created a market for a category of - a more dangerous, out-of-state drug dealer. And there are tight interconnections between drug dealers in Montana, some in Washington state, and even some, I think, coming up from Mexico on the Interstate.
So we've got to always keep our eye on the ball and know that as we shut down one aspect of the problem, it's going to re-emerge in another area. Because criminals are making money off this. So, they are going to find a way to make it work.
So I think what we've got to do now, the next phase of activity has to be enhancing our investigative skills. Particularly in rural Montana. We've got a very porous border with Canada, and one thing I've been hearing in my recent travels around eastern Montana is local communities in rural areas need more support from the Montana Department of Justice.
I committed to provide that.
JS: While we're on the topic of drugs..you know, here in the state we have...we passed a resolution to legalize medicinal marijuana. It seems like there are still some problems...here in the state...I know, recently in Dillon, there was a big drug bust of a fellow who was desperately ill and was growing a lot of plants. And there's of course the federal government - it's still illegal in the federal government's eyes - and so, I think, a lot of people who do use marijuana medicinally, a lot of doctors who would otherwise prescribe it, might not. What can you do as state AG to encourage more people to follow the regulations for medicinal marijuana, how are you going to navigate between state and federal laws?
Parker: Well, as the attorney general, it will be my obligation is to uphold the laws of the state. And the citizens of Montana have chosen to make a policy statement in favor of medical marijuana, as we all know.
And it makes sense why they would. When people are suffering and in pain, it only makes sense that they would have that kind of relief within the parameters provided for by the initiative. So to the extent that federal authorities aren't in agreement with Montana's law, it would be my job to advocate on behalf of what our people have chosen.
And that's - I would relish that opportunity.
JS: Okay. You know, I still suspect there are law enforcement officials across the state who probably view folks using medicinal marijuana as criminals. How would you, you know, ensure that people who shouldn't investigated aren't being investigated, that kind of thing.
Parker: Well, I think part of it comes down to training. Which, everyone knows the law enforcement academy is one of the core functions under the AG's jurisdiction. I'm very committed to enhancing training programs, to ensure we're actively and aggressively investigating the right suspects, and not arresting the wrong suspects.
So I think training plays a role. But again, I've been a prosecutor my entire legal career. I understand the dimensions of different narcotics. I don't see the same link to other aspects of community crime with marijuana that I see with meth.
For example, there have been a number of meth-related homicides in Great Falls in the last decade. I've prosecuted two of those. I've seen meth as a component of domestic violence; I've never seen marijuana as a component of domestic violence. I even had a meth-related arson that had a domestic violence component, so what I do in my work on criminal cases is I try to understand the nature of the crime and tendencies that occur...and I think because of the fact that marijuana doesn't lead to the same types of violent consequences, isn't linked to the same level of gang activity that we see with meth, I believe judges wisely provide a more remedial sentence for marijuana-related crimes.
JS: That's fair....I was thinking about...you know, Missoula's recent, you know, the resolution that was passed making marijuana prosecutions the lowest priority of...county officials. You know...I don't know if I have a question framed around it, but I do think, you know, people of Montana are getting tired of the drug war. You know, and Missoula's reaction may be a bit extreme, you know, and probably, I'm sure a majority here would - at least the young kids here - favor an outright legalization of the drug. But I do think it reflects, you know...a...weariness of this war on drugs.
Do you have any comment on that? I know it's not a question...
Parker: Sure. As a threshold matter, I just think it's very important when you talk about a war on drugs, you analyze which drug we're talking about. And, I've just seen too many removed from their homes when mom passed out on the couch, and the child care is being provided by a meth dealer...who may or may not be a gang member. And I don't believe the state of Montana objects to the war on drugs to the extent that we're targeting meth. Because it is, again, such an overarching problem with proven links to community crime.
And I could get into more detail on that, if you'd like, but in regard to Missoula's local proposition, it's important to remember there's an ancient tradition of locally driven law enforcement that dates back to England. Locally elected county sheriffs. And now, in the modern era, city councils appointing city police. And even though the attorney general is the chief law enforcement officer for the state of Montana, it's not a command and control relationship. Except in very rare instances of use and discretion.
Rather, it's a supportive role providing a training function, providing backup when rural agencies request it from the Division of Criminal Investigation, and of course the ongoing traffic safety rule of the highway patrol, so, I believe my role as attorney general is not to tell the local communities how to do their jobs. But to be a supportive hand in it, helping them get the job done.
JS: Okay, that's fair. Shift gears here really quickly. Both the other attorney general candidates discussed, sort of, their vision of how the AG can help in consumer protection. Would you like to, sort of, offer your vision on what you'd like to do in protecting consumers here in the state?
Parker: Absolutely. I believe there's a lot more that can be done.
I'm proud to tell you that I passed the statute to put the consumer protection office under the authority of the attorney general. That's something I worked on for two sessions; the bill was killed in 2003 for strictly political reasons. I brought it back in 2005, and I came to find out that people had been attempting to make that move for as many as 20 or 30 years, which surprised me even.
It makes sense -
JS: What was the opposition to it?
Parker: My belief was that Governor Martz wanted to retain it for political reasons. It's a very attractive profile, protecting seniors, and so on.
My take all along was that Montana's tax dollars are scarce. They've got to be leveraged to the greatest possible effect. And that is why I wanted, rather than standalone one-man band, an attorney loosely attached to the governor's office, I wanted the consumer protection function linked in with skilled prosecutors. And trained litigators. Who really know how to bring the full power of law enforcement to bear, for seniors.
So with that framework in place, there's a lot more we can do.
One thing I've very proud of, is a commitment I made as the next attorney general to seek legislation in the 2009 session protecting more seniors in a home health care context. And I think we need mandatory criminal background checks for home health workers.
As a prosecutor, I've handled no shortage of cases where someone is at a bail hearing, whether a person charged with operating a meth lab, or some other crime, and they say, judge, you've got to let me out of here so I can go home and take care of a senior.
And, really, a light bulb went off over my head. They're ripping people off, right under their own noses. I handled one theft case in particular where a person who was assisting a senior and paying her bills stole the woman's wedding ring.
So I think this is a very valid consumer protection opportunity.
I asked my friend, Representative Shannon Augare to carry the bill for me. He's already requested a draft. So, I think this is an example of not waiting until the election is over to really do everything we can to protect Montana's seniors and consumers.
JS: One of the worries for most folks was Internet scams or Internet...you know, emails, or, you know, the stuff we get in our spam box. There's also an element, you know, guarding kids against sexual predators -
Parker: Absolutely.
JS: The state apparently doesn't have very good resources to do that right now. Is that something you'd be interested in, you know, beefing up as attorney general?
Parker: See, I think we can beef it up - it's something I've been interested in.
I would have to guess I'm probably the only candidate who's actually prosecuted an identity theft case, and I've had no shortage of them.
I had one individual who obtained a credit card, using confidential information from someone else with the same name. He ordered a Gateway computer and sold it for meth. I had another case where a Great Falls Tribune newspaper carrier intercepted so much check out of the flow of commerce, utilized the check information on the Internet at a public library and obtained, wrongfully obtained, property using that. Of course the Great Falls Tribune no longer has people leave checks out on the front door.
But...I've been handling these cases for years, I understand the parameters, and I think there's a lot we can do, both from an identity theft standpoint and protecting children from Internet pornography and online solicitations.
Again, my pitch to the voters of the state and your listeners is, I care enough about these problems that I've been working on for years. It's not a new project for me. It's something I've been working on, and I intend to keep working on it.
JS: Rapidly switching gears again - actually, before I go there...Tim Fox, Republican candidate is basically running, as far as I can tell, solely on sexual offenders. Do you want to comment about his claims that the current state AG isn't posting pictures on the Web about sex offenders? Is that your take? I mean, what's going on there?
Parker: Jay, I believe those claims are incorrect. I utilize those websites every week, whether it's correctional offender dot net, which is access to the state of Montana website, or the violent and sexual offender registry. It's an easy place to identify who these sexual predators are.
Their pictures are posted. News media had access to that, to utilize it as a method to identify neighbors when a sex offender moves in, so I think the claim is unfounded, I think it's driven by a shock factor in the attempt to generate a campaign issue, but I have handled many, many sex offense cases with child victims. I've prosecuted many people for failing to register as a violent and sexual offender. I'm deeply immersed in these statutes, and I'm ready to do even more to try to protect the public in this arena, too.
JS: Okay, great. Thank you. The question I wanted to ask before was about the death penalty. At Candidates Gone Wild, each of the candidates, we had these hats that had "yes" and "no" on them, each of the candidates fixed their hats in a different direction when the question was asked, do you believe in the death penalty, or do you support it.
So let me ask you, do you support the death penalty?
Parker: Jay, it's a complicated question. I support Montana's death penalty statute as written. And I'll tell you why.
These statutes are very narrowly tailored. They're very rarely utilized. I've been a prosecutor my entire career. I never sought the death penalty.
For the listeners who haven't analyzed these statutes, they apply only in a very narrow set of circumstances, including a murderer who kills again behind prison walls, an individual who commits a homicide during the course of a sex offense, and so on.
And from what I've heard, these statutes provide the only credible deterrent to prevent a murder from killing again in prison.
And I think they do serve valuable function in that role.
I am not any great fan of executions, it is not my desire to see anyone executed. I certainly don't want to see Montana become like the state of Texas, where executions are a routine function.
JS: One of the, actually, I have some friends who work as defense counsel for death row inmates. And one of the problems they see is, sort of, unequal distribution of executions. Against either low-income folks, low-income brackets or a particular race living in...a minority population in a majority area.
Is that a problem in Montana? If it is, what would you do as AG to help mitigate or lessen that evil, that particular evil of the death penalty?
Parker: Jay, in Montana we have so few executions, which I think is appropriate, that I think it's important to take this conversation in another direction in terms of what does our state do to prevent wrongful convictions for anybody, regardless of the sanction. Whether it's the death penalty, whether it's a lengthy term of incarceration, I can tell you as a Vice Chair of the Law and Justice interim Committee, I spent two years working to help develop the State Public Defenders System.
There were times where certain legislators wanted to have a member of the County Attorney's Association on the board for this State Public Defenders System. I objected to that. I felt it was a blatant conflict, and I've actually chaired day-long meetings and hearings where we had state public defenders come in from other areas, like Washington state, Wyoming, North Dakota.
So I'm very committed to justice. Even though I'm a prosecutor, I want to make sure the system is fair. I want to make sure that people have the right to counsel they deserve under the constitution, both the US Constitution and the Montana constitution.
So I think the important steps for making sure there are no wrongful convictions are, number one, ensuring that we maintain the State Public Defenders System. They now have more investigative resources than ever before to ferret out different aspects of a case. And number two, again, the training function of the law enforcement academy. You've got to make sure people are only pulled over and apprehended when there's probable cause and believe an offense has been committed.
JS: What are the biggest challenges to law enforcement in rural areas and on reservations here in the state? And is there anything you can do as AG to help?
Parker: Absolutely. We never know where the next major homicide will be committed in the state of Montana. Budgetarily, we don't have the resources to have all 56 counties equipped to handle a complex homicide case or a challenging sex offense case with a child victim, and that's where the Division of Criminal Investigation comes into play.
Last week, I was in a community meeting in Popular, and their sheriff, who later endorsed me, specifically asked, would I support getting an additional criminal investigator under the Department of Justice who'd be a regional agent assigned to Eastern Montana, east of Billings. I committed to that. I've already located a legislator who's agreed to sponsor that in the next session. Because it makes sense.
We've got to make sure the state is there again, with a strong hand of support, for local budget-strapped agencies.
JS: As AG you'd also be sitting on the Land Board...
Parker: Yes.
JS: ...here in the state, what's the biggest issues there? You think, coming up? In the next eight years. Assuming you'll get elected and re-elected. (Laughs)
Parker: Sure, well I'll take that assumption and run with it, because I like the sound of it.
Obviously the ongoing mandate of the Land Board is to ensure education funding over the long haul. And hand-to-hand with that we've a constitutional obligation to ensure a clean and healthful environment. So I think there's always that tension in trying to make sure that the school funding's in play without succumbing to a boom-and-bust economic cycle.
Students of Montana history are well aware, there's no shortage of examples in which resources have been exploited too quickly in the name of short-term economic gain, and then where are we down the road?
So what I'm excited about on the Land Board is an opportunity to generate sustainable funding, in part through renewable energy. I think there's a very live opportunity to expand the potential for wind energy on state lands. I think that sustainable energy development can maintain a sustainable revenue flow to make sure kids all across the state are getting their constitutionally guaranteed education.
JS: What about the Otter Creek tracts? Have you, uh...the coal, for those aren't, haven't had that name branded into memory like I have...what do you think of the idea of leasing the Otter Creek tracts of coal and selling that off?
And also, coal-to-liquid.
Coal. What's your take on coal? Because I know it's big here in this state. (laughs)
Parker: Absolutely. It is big in this state. I want to start by answering the Otter Creek question -
JS: Yeah!
Parker: I think there are some substantial roadblocks that would have to be overcome that are going to delay that project for a long time.
And in no particular order: lack of a rail line to access the tracts, and the water quality issues I don't think have been addressed fully. So I think that's going to delay that for a long time, and in terms of coal-to-liquid, again, we've got to have more analysis, we've got to know how it's going to work. We've got to understand the environmental impacts, particularly to groundwater for neighboring agricultural resources.
We've got to make very sure that we don't sacrifice one economic sector to benefit another.
JS: I'm going to wrap it up with just a couple questions here. Is there anything else that you think I've left out? An issue you'd like to talk about that I may have left out?
Parker: Well, one Land Board issue that people are talking a lot about is the Three Creeks timber sale. As I'd of analyzed that it occurs to me it would make sense to revisit that. Because I think there's some critical habitat implicated right there, Grizzly bear and trout habitat in particular, and some old growth stands, so...
I look forward to the chances as a member of the Land Board to conduct a very rigorous analysis to make sure we're taking all those factors into consideration.
JS: Right. Okay.
For the wrap-up question - I do want to repeat your performance from Candidates Gone Wild for all eternity. If that's possible. Uh...I don't know, we'll get to that later, my first question - a...serious...question here is, after eight years, you've been AG for eight years, what are people going to say about your tenure as attorney general? What's your legacy going to be?
Parker: Jay, I hope people will see a legacy in many different dimensions. First, I hope they'll see the track record of additional criminal justice legislation that is tough, but fair, that protects Montanans without jeopardizing anyone's constitutional rights.
I hope that it will see that we've really enhanced and developed the training programs at the law enforcement academy. I want to see more opportunities for prosecutors, deputies, highway patrol, and city police to train together. So we can have the entire life-cycle of a case analyzed, from the initial 9-1-1 call all the way through the trial phase.
I hope people will see a well developed track record of cooperative agreements in Indian country. I think the cross-deputization agreement that the Fort Peck Tribal Council has entered into with this state is particularly instructive; it's a great way to provide public safety in an arena of scarce resources.
I hope we'll see that I have done my job on the Land Board, cracked the books and attended to school funding without causing needless harm to the environment.
So, again, I think it's a multi-faceted set of issues. I've certainly, consumer protection, I hope we'll find that, just, frankly, less seniors are being ripped off in the state of Montana and that more predatory telemarketers are put out of business.
JS: So, can I put you on the spot? Would you mind repeating your wonderful performance that you did at Candidates Gone Wild here in Missoula, couple of weeks ago?
Parker: Jay, I'll make you a deal -
JS: Yeah!
Parker: If I continue to remain in the lead on the Left in the West AG poll, and if I eventually win that, I will re-enact my musical performance for this...
JS: You heard it here! That's - by the way, folks, it's well worth the pushing of the button next to John's name on that poll, just to hear this song...
So, thank you for talking with me today, John -
What's that?
Parker: You know, I've talked so much about the substantive aspects of the race, I just want to touch on a few grassroots campaign -
JS: Sure, go ahead!
Parker: -- points. I'm having a lot of fun - I'm glad to tell you that I've actually got a grassroots base of support all across the state. People are helping out.
And in honor of that, we developed a direct-to-Web message that we posted on the Internet, which I hope will get more people a chance to get involved in the campaign.
If anyone wants to help out as a volunteer, I promise you this: I'm running a campaign where people are more important than money, where word of mouth is more important than television, and I hope to enlist as many supporters as I can, because this is really not about me. It's a team effort to make our state a safer place and a better place.
And I would be honored if anyone would like to join me in that.
JS: Okay, thanks. Sorry, I usually give you guys a parting shot on that...and I'll definitely post your website and your Actblue page along with the interview, so...
Thank you for coming! I appreciate your taking your time and hopefully we'll get that song out of you as the poll closes.
Parker: It's in the hands of your voters, Jay, that's all I can tell you.
JS: Thanks a lot, John. |
