Tagged: Art Wittich

Posted: May 14, 2013 at 5:58 am

Small Claims: Wittich sues former client for $93.99 of unpaid bills

Art Wittich, the Montana Senate Majority Leader and Tea Party stalwart, has been in court lately to try to get what he believes is rightfully his.

Wittich, a lawyer, had once provided legal services to a Bozeman couple. There was an outstanding balance of $93.99 that the couple had not paid Wittich. Wittich was not going to abandon the matter, and not only collected the debt but got himself a tidy reward, an additional several thousand dollars.

It appears, as best I can tell from a not-very-clearly-drafted court opinion (the link to the decision is below), that Wittich quietly got a default legal judgment against the couple, for the $93.99, even as his office was in talks with the couple over possibly arriving at a settlement over this piddling amount of money. After successfully getting the judgment, he began efforts to collect it. After some time, he managed to persuade the court to award him not only the $93.99, but $2,900 more for “fees, costs and interests” that he claimed to have incurred as a result of spending his time trying to collect the $93.99.

A divided state Supreme Court, shockingly, upheld the judgment. Justice Cotter dissented, calling the decision [UPDATED pdf] “unconscionable” and an “affront,” scolding Wittich for “financial carnage wreaked upon [the Bozeman couple] for their refusal to pay a disputed $93.” Justice Baker grudgingly voted in favor of Wittich because there was apparently a contract, which Wittich had gotten the couple to sign, including a clause that allowed him, ultimately, to get this outrageous amount of money from them in the event of a collection action. But Justice Baker strongly cautioned him to review the rules of the State Bar which address lawyers and their billing practices, and are designed to prevent lawyers from fleecing their clients.

And Cotter notes that when the dust finally settles, the couple will probably owe north of $5,000 to Wittich, because Wittich will try to recoup additional costs from them, namely, his costs in litigating the case of the $93.99 in front of the Supreme Court.

In essence, Whittich did what he could, not what he should. Nice guy.

Oh, and one other point, which goes without saying: if Wittich ever thought he could run for statewide office, that dream he can now kiss goodbye.

Posted: April 2, 2013 at 10:14 pm

Senate Votes For Bullock’s Healthcare Proposal; GOP moderates break ranks

by Cowgirl

The Montana Senate today voted to move forward with a bill by Sen. Dave Wanzenried (SB 395) to reform and expand the Medicaid program in Montana to working poor people–people whose employers don’t provide health benefits or don’t pay enough for people to afford to buy it on their own. The expansion program is called Access Health Montana.

Now the more conservative House must approve it as well.

Republicans have been hesitant to support the idea until now, even though it would mean billions of federal dollars for Montana. This is not surprising. Using government spending to create jobs (one of the Democrats’ strongest arguments for this proposal) is something that Republicans are claiming they fundamentally oppose, (though not when it comes to highway funding or farm subsidies apparently). So a few moderates joined in with the Dems, and the bill passed.

That hasn’t stopped many GOP legislators on the right wing from doing what they do best–spread misinformation.

During debate, for example, Sen. Art Wittich revealed that he has a most embarrassing lack of understanding of the bill–or perhaps he just decided to openly lie about it.

Wittich claimed there was “no cap” to the Medicaid expansion –that it would be infinitely costly for the state. That’s false. Eligibility is capped at 138% of the Federal Poverty Level – that means it’s limited to people who make less that that amount, about $15,000 for a single person.

He also made the ludicrous statement that instead being benefited by a Medicaid expansion, the uninsured should simply “use welfare” to buy health insurance. That’s not possible. Temporary Aid for Needy Families (TANF)–what Wittich calls “welfare”– is only for people with kids. It’s also temporary (hence the name). Families can only get the benefits for a limited time. There is no possibility of it being used for a purchase of health insurance.

Unlike TANF, Access Health Montana (the Medicaid Expansion plan that the Senate voted up) is not limited to people with kids.

Thankfully, a few GOP Senators looked into the facts of the matter, rather than relying on Wittich’s fibs. Llew Jones, Taylor Brown, Bruce Tutvedt, Ed Buttrey, and Jim Peterson are all Republicans who voted for the bill. All Democrats voted yes.

These Republicans made a smart choice. Access Health Montana is the only way to keep federal healthcare dollars in Montana now that Obamacare is the law of the land. If Montana doesn’t expand Medicaid, our federal tax dollars will go to the other states that do–instead of being spent here in Montana to boost our own economy.

That would translate to a $700 million annual loss to Montana’s future Gross Domestic Product. This probably doesn’t mean much to TEA Party dunces, but the GOPers with basic economic sense get that the expansion of Medicaid would add an additional 1.7% to Montana’s GDP for the next eight years. For context, understand that a 1.7% addition would roughly double the expected GDP growth rates for the next several years in this state.

The Medicaid expansion also helps states deal with some of the things Republicans say they don’t like about Obamacare.

For example, it protects small local hospitals and rural health care centers from federal cuts. Keeping the doors open to Montana’s rural hospitals means keeping jobs in their districts from being eliminated, and allowing rural Montanans access to medical care for which they would otherwise have to drive many hours.

It would also protect Montana employers from what the GOP calls “Obamacare penalties” – tax increases. The Affordable Care Act levies a tax on any company that employs 50 or more workers that does not provide workers with health insurance. This tax is alleviated or eliminated for many employers if these same workers can now get Medicaid. A recent private-sector report by Jackson Hewitt estimated that Montana companies will face an additional $10-15 million in tax penalties without the Medicaid expansion for this very reason.

Finally, Repubs who bothered to inform themselves about Bullock’s proposal know that Montana can do a trial run of the idea. For three years while the federal government is paying for 100% of the cost of benefits, Montana can opt-in to the expansion and see how things work. When the state is asked to start picking up a meager portion of the cost (the most states can be asked to pay is 10% and even then not until 2020), Montana has the legal authority to roll back the extension to the way things are now.

For these reasons, I expect that once Republicans have a chance to think about it this will pass the state House, with perhaps a few minor edits to increase the emphasis on reform. Certainly it doesn’t hurt that the GOP’s major electoral engine, the Montana Chamber of Commerce, has endorsed the idea too.

And don’t forget that an earlier version of Bullock’s proposal, HB 590, by Rep. Chuck Hunter has already received a majority of more than 50 votes on a (procedural) vote in the house. This latest version with its increased emphasis on reforming Medicaid and room for GOP input will be able to pick up more votes.

Posted: March 11, 2013 at 8:31 pm

Here’s How Montana Legislators Marked International Women’s Day

by Cowgirl

On the eve of International Women’s Day, Montana legislators voted down a measure to increase the penalty for domestic violence. Meanwhile, they offered strong support for bills to increase the penalty for trespassing.

Under current law, a first domestic violence offense is punishable with a $100 fine and a night in jail. But last Thursday, the Senate Judiciary committee killed a bill by Democratic Rep. Jonathan Windy Boy that would have increased the minimum penatlies for domestic abuse from to $250 and the jail time to 72 hours for the first offense. (SB 362) Continue reading →

Posted: January 16, 2013 at 8:56 pm

Leaked Emails Show Civil War in Montana GOP

The big news today, if it is news at all, is that Republicans in Montana are at war with each other.

Some juicy emails [PDF] were published by the Great Falls Tribune Wednesday, showing the machinations of rightwing Republicans such as Jeff Essmann and Art Wittich as they try to vanquish the moderates, led by ousted Senate President Jim Peterson. Presumably, these missives were leaked by one of the moderate legislators in the scrum, who thought it would be good to publicize the schism.

There are some hilarious exchanges, and the article in the Trib, by John Adams, is required reading for anyone interested in Montana Politics. It’s fun to observe the various leaders, or aspiring leaders, openly agitating against the opponent faction.

But it is also quite disturbing. For the emails reveal that the objective of Tea Party Republicanism is to control all branches of Government, with absolute power, in its entirety. Here is an excerpt from a September 2012 e-mail by Essmann to his ultra-conservative cohorts (the subject line of the email is “Agenda Control”) about how a redistricting of legislative seats will make the ultimate goal achievable:

Jon Bennion was able to draw a map with 63 safe Republican seats. If we can implement the long term strategy we will be in a position to actually elect a majority of conservatives in both bodies, adopt conservative legislation and have a court that will uphold it.

And here is one from Art Wittich, describing efforts to get rid of moderates in GOP primaries:

We must help the purge along. Hopefully, a new phoenix will rise from the ashes.

Sadly, these writings and many of the other emails that were disclosed to the Tribune reveal an almost jihadist mentality at work. The right wing of the GOP views itself as an historic movement seeking a distant, ultimate triumph in which the opposition will be vanquished and the right-wing view of the world will be imposed, imposed upon all Montanans even if a majority of the voters don’t want it.

How can this type of thinking possibly be the basis for a successful political movement? It can’t, which is why Republicans are currently circling down the toilet nationally. America has a two-party system and regardless of what party you are in, to be taken seriously and help the greater good you must work with the opposition, and accept the fact that your opponents are not enemies, but simply a counterbalance representing the viewpoints of many.

Posted: November 16, 2012 at 4:53 pm

R’s Move Right

The GOP has thrown out its leaders, and replaced them with more ideologically conservative purists.

Jim Peterson, the Senate President, has been sent packing (literally–poor Peterson could be seen carrying his office contents, including a giant plant and a few framed pictures and a box of supplies, to his car yesterday.) Peterson’s license plate reads “REDST8″–perhaps the right-wing newbies mistook it to mean he’s a commie.

Peterson stood for re-election but was roundly defeated in favor of Christian fundamentalist, anti-cannabis crusader and hard-core rightist Jeff Essmann. Essmann proudly declared yesterday that the “Republican message was well received by voters,” though it’s hard to see how anyone could arrive at this conclusion given that the GOP won only a single statewide race and lost the rest.

Art Wittich, lawyer for the right-wing Montana Policy Institute and also a lawyer for ultra-shady American Tradition Partnership (which ignored Montana Law on the way to buying house and Senate seats for Tea partiers with secret money) is the new Senate Whip. Wittich has also called publicly for an investigation into whether hungry kids might be fed via a statewide “gleaning” program, meaning hungry kids would be fed the scraps that restaurants usually throw away.

Young gun Mark Blasdel has taken over as House Speaker. Blasdel belongs to the Todd Akin school, believing that abortion should illegal in all cases including rape. I would suspect that this position helped him gain the Speakership. Also, Blasdel is on the ALEC education task force, ALEC being the corporate front group that ghost-writes most of the legislation that state Republican legislators introduce.

Gordon Vance, a car and ATV salesman from Bozeman, will be majority leader.In Vance’s first session he only introduced one bill – a bill to help out his pals in the motor sports industry. And in 2011 he spent his time introducing bills to root out the many undocumented workers he believes have infiltrated our state, and bills to help insurance companies, and the State Fund, make more profit.

And Austin Knudson will be Senate Pro Temp. The right-winger is a former college Republican (yeah, those insufferable twits) turned attorney. He was swept in by the ATP-fueled TEA Party takeover in 2010, and has had an unremarkable career. Knudson was elected by railing against health care reform, then he eagerly accepted taxpayer funded health care benefits for himself. (So did Essmann, Wittich, Vance, and Blasdel.)

For the Dems: Jon Sesso of Butte will be Senate minority leader and Robin Driscoll of Billings and Cliff Larson of Missoula will be the whips. In the House, minority leader will be Chuck Hunter and Reps. Margie MacDonald, D-Billings, and Edie McClafferty, D-Butte are minority whips. Rep. Bryce Bennett, D-Missoula is caucus leader.

Posted: November 1, 2012 at 12:45 pm

Bizarre Testimony from Gallik’s Accuser; bad times for GOP in court

If you think the black helicopter crowd lives only in rural Montana, think again.

Recall that when Dave Gallik was forced out as Commissioner of Political Practices last year, there was a feeling among readers at the time that something didn’t smell quite right. His four employees had rummaged through desk and photocopied his notes, kept tabs on his comings and goings, and sent it all to reporters. They even called the police one time without any legitimate explanation. There was a feeling among many observers (and many commenters here) that something smelled fishy, especially when the now-infamous photo appeared on the front of the IR, the four women posing for the photographer, seeming to bask in the glow of their 15 minutes of sunlight.

Gallik has always maintained that he was framed by four people who were out to get him because he was a tough boss who forced them to change their ways, and they were resistant.

Well, yesterday Gallik got his day in court. And one of his chief accusers, Julie Steab, one of the employees who made some of the strongest accusations against Gallik in the press, was called to the stand.

To the shock of observers in court and the embarrassment of the attorney bringing the case against Gallik, Ms. Steab testified that she was the target of a surveillance operation, that “an unknown person or persons” were “following her” around, day and night, in the aftermath of Gallik’s resignation. She also testified that the other three women in the office were similarly tailed. But Mary Baker, one of the other employees, took the stand after Steab and stated that she had never been followed nor did she know of any case where any of the four employees were followed.

I’d say Steab’s bizarre testimony is grounds for the press and public to reconsider Gallik’s tenure and the events surrounding his departure. In my opinion, he was brought down by at least one woman whose credibility has been shattered, whose testimony yesterday clearly suggests to me some type of paranoia or tendency toward fantasy.

The attorney bringing the case was none other than the Tea Partier Art Wittich, suing Gallik on behalf of the Montana Policy Institute, the right-wing think tank. Wittich, like most GOP attorneys in Montana, spends his days suing the Governor, Steve Bullock, Commissioners past and present, and Democrats generally. Clearly his star witness, Steab, did not deliver, destroyed her own credibility, and caused Wittich some embarrassment. Poor guy. It’s kind of like calling a witness to the stand, who upon cross examination confesses to having been abducted by aliens, or having seen Elvis still alive in Hawaii.

Which leads me to a humorous final point, a general pattern of events the last few weeks:

It’s been a dry spell for GOP attorneys. A few weeks back, Rick Hill hired Bozeman Tea Party hot-head Monforton to give him legal advice. It it was Monforton’s idea to take the $500,000 donation, it was perhaps the worst legal advice in Montana political history, probably destroying Hill’s campaign. Then another of Hill’s lawyers, Cory Swanson, a young corporate lobbyist and lawyer who makes a living suing the Schweitzer administration, got his head handed to him in district court by three top-rank democratic lawyers, the judge barring Hill from spending the illegal $500k. Jim Brown, another conservative attorney who represents right-wing American Tradition Partnership, was caught on camera with a mouthful of marbles when presented clear evidence that his client broke the law by coordinating with GOP candidates; he had no response to the reporter, and turned red in the face. Brown had to then contend with a crowd of protesters outside his office the day after the PBS story aired (though he was a good sport about it, fielding questions from members of the hostile crowd). Now Wittich puts his star witness on the stand to make his case, and she says that big brother is watching her day and night. Bwahahahaaa!

Posted: May 21, 2012 at 7:44 am

Shadow Groups Back at Work in GOP Primaries

The shadow group American Traditions Partnership is back working in Republican legislative races in Montana. American Traditions Partnership (ATP) is the group that sued to deregulate elections and turn back MT’s 100 year old ban on corporate funding of elections.

ATP, which doesn’t disclose its donors, sent out a mailer supporting Dee Brown in the Republican primary for the Whitefish/Columbian Falls State Senate Seat, SD 2. Previously they favored TEA Party poster boy Rep. Derek Skees in the HD4 general.

HB 198 was a Republican bill passed by a Republican controlled Legislature. This demagoguing flier was mailed with heavy saturation in Whitefish and Columbia Falls. Here’s the mailer:

The Center for Responsive Politics estimated that Republican secret money groups outspent Democrats across the U.S. last election cycle by a 7-1 margin. Here in Montana, ATP and other Republican-leaning groups spent an estimated $2-3 million attacking Democratic candidates and supporting TEA Party Republicans–but you can’t find the exact amount or who paid for it. This is just one more reason why the Citizens United decision is so bad. The Supreme Court opined that voters could easily go to the internet to find out who paid for the campaign ads. But GOP political operatives simply set up tax-exempt non-profit front groups like ATP to avoid having to disclose their donors. The front groups claimed that they were educating the public on issues rather than campaigning for candidates. Therefore, they argued, the disclosure wasn’t required.

Christ Matthews told Montana Governor Brian Schweitzer on Hardball recently that fewer than 50 wealthy individuals or corporations are spending the bulk of the money to influence elections this cycle. Schweitzer was on the program to talk about his support for a ballot initiative in Montana to overturn Citizens United.

ATP is the lead plaintiff in the legal challenge to Montana’s ban on corporate spending for candidates. The group touts their organization’s secrecy as a benefit of giving them money and have been under fire for corruption in Montana and other states. Montana TEA Party legislator Art Wittich (R-TEA Bozeman) is said to be the new local figurehead for the entity.

Posted: April 3, 2012 at 5:58 am

Baucus Begins 2014 Campaign

Max Baucus has purchased $25,000 of radio ads that will air in the next weeks as Tax Day approaches, highlighting his role in the federal payroll tax cut, the Billings Gazette reported. Pundits are saying that this is the beginning of his re-election bid, and that he must start early to recover from his healthcare hangover.

Baucus has selected an interesting person to vouch for him in the radio ads. It is Dean Folkvord, owner of the Wheat Montana company. In the last decade or so, Folkvord has been a major supporter of the Right Wing, having made financial contributions to the Montana Republican Party, Bob Brown (2004), Roy Brown (2008), Todd Reier (2002), Scott Sales (2006), Art Whittich (2008), Pat Davison (2004), Cindy Younkin (2004), Duane Grimes (2004 and 2008), Roy Brown and Steve Daines (2008), Tim Fox (2008), and Rick Hill and Jon Sonju (2012).