Observations on the election of county attorney

I would like to offer some observations regarding the recent election of our County Attorney. It has been my privilege to live in Mineral County for 42 years, and to practice law here for 35 years. This encompasses the 31 years that Shaun Donovan has served as County Attorney. For many years, since I was the only other resident attorney in the area,  I accepted a multitude of court appointments in criminal, juvenile and abuse and neglect cases. I have also dealt with Shaun on civil matters such as land use and school issues.

Consequently I have had ample opportunity to engage Shaun and to observe his character, skills, judgment and work ethic. His job is to represent the people of Montana, and in particular the people of Mineral County. He has served you very well. I witnessed the development of one of the better trial lawyers in the State of Montana. A good County Attorney, however, requires much more than being a good trial lawyer. This is particularly true in a small county, where he wears many hats and has many balls in the air at once.

Shaun always treated me with great respect and professionalism. Though we were adversaries, we understood our roles in seeking truth, justice and mercy. He knew when to hang tough and go to trial. And when we bargained, he drove a tough bargain. Not everyone understands the role and value of plea bargaining. If we simply cannot agree on the facts, a trial  may be necessary to allow the judge or jury to decide the truth. The “all or nothing” nature of a trial, however, does not always result in justice. The state has a high burden of proof. If the evidence is not compelling, the people may be better served by subjecting the offender to supervision, even if his incarceration is less. And of course the Judge has the final say in a plea bargain. Sometimes it is more merciful to the victim to spare her the pain of trial. And trials can consume a tremendous amount of resources, which can have a significant impact on the taxpayers of a small county. In addition to protecting the citizens and providing punishment and deterrence, Shaun also had to consider rehabilitation of the offender, which is good for all citizens in the long run. Sometimes this is best accomplished with the options available through plea bargaining. My job was to point out that things are not always as they appear, to make sure law enforcement followed the law, to prevent excessive punishment, and to seek mercy. An effective County Attorney needs good judgment and common sense, to sort out the complexities of both fact and law, and to reach a fair result. Shaun demonstrated these qualities.

The County Attorney is on call 24-7, and works very closely with law enforcement. Their interests usually coincide, but not always.  The County Attorney needs to maintain independence and must be willing and able to correct and educate. For the most part we have had high quality law enforcement in our county. Our rights as citizens, however, can be infringed by their occasional ignorance, mistakes, and on rare occasion, by abuse of power. Shaun understood his role and fulfilled it.

The County Attorney also advises the commissioners and other county officials on a variety of matters affecting individual citizens and the public interest in general. Interests and desires of the public often conflict. Besides having a grasp of the law, a good County Attorney needs a lot of patience, good communication skills, and an ability to find reasonable solutions rather than just saying it can’t be done. Many times I saw these qualities in Shaun.  He also had a knack for lightening the mood with good humor.

Finally, a good County Attorney needs to be a person of honesty, humility and faith.  In my opinion the latter greatly influences and enhances the former. I observed these qualities in Shaun as well. The duties of the County Attorney, and the practice of law in general, often pose daunting challenges. Frankly I could not practice law without much prayer.

I have not yet met Marcia Boris, our newly elected County Attorney. She comes recommended by people I respect, and I wish her the best. She will have a lot to learn, not only about the nuances of the law and the duties of the County Attorney, but also about the people of this county, and its history and culture. She will need our support and encouragement.  In an interview recently, she commended Shaun.  Shaun deserves our thanks, as well as our encouragement and support. And both of them need our prayers!