Pubdate: Wed, 23 Feb 2011 Source: Missoulian (MT) Copyright: 2011 Missoulian Contact: http://www.missoulian.com/ Details: http://www.mapinc.org/media/720 Author: E. Gagliano JURIES HAVE POWER THEY DON'T USE The headline of our local newspaper, the Philipsburg Mail, recently proclaimed: "Town outlaws dope growing" as an emergency (?) measure. The article went on to quote the councilman who initiated the ordinance. He parroted the same rhetoric about people not knowing what they were doing when they approved medical marijuana. Isn't it funny how stupid we voters get after we elect people like him? Coincidentally, P-burg not only has a contracted lawyer (not a city or county attorney) but also a hired judge (non-elected, ever) and the sheriff answers directly to the same council by an interlocal agreement (there is no police department or police chief). All serve at the pleasure of the town council. Talk about kangaroo justice: tailor-made vendetta ordinances, selective enforcement, faux prosecutor and hired judge. How can you lose (or win)? Montana Code be damned! Recently the Missoulian had an article about a district court jury pool "mutiny" (Dec. 19, 2010). In essence, the potential jurists refused to enforce a bad law. Unfortunately, today it seems that passing bad laws has become more the norm. Too many statutes, codes and even local ordinances are being passed as payback from elected or re-elected candidates, for special or personal interests, vendettas and even self-aggrandizement. As Gregg Smith at Electric City weblog succinctly puts it: "A Missoula jury puts a new spin on the concept of jury nullification, apparently refusing to even be seated in a trial concerning a small amount of marijuana ... This raises an interesting point. At what point does the collective criminalize the citizens to the point that the citizens simply refuse to be criminalized?" House Bill 332 would not give the jury any power it doesn't already have. It just mandates that the judge informs them of it. E. Gagliano, Philipsburg - --- MAP posted-by: Richard Lake