Montana Judge Draws 30-Day Ban After Repeated Conduct Violations

A Montana state judge who violated political endorsement rules and lied about her credentials was suspended for 30 days without pay by the state’s highest court.

Judge Ashley Harada’s misconduct shows “a flagrant disregard and threat to the rule of law and public confidence in the independence, impartiality, and integrity of our judicial system,” the Montana Supreme Court said April 17.

It declined to adopt a state Judicial Standards Commission recommendation of a public censure.

One allegation of misconduct against Harada stemmed from her run for Yellowstone County district judge, the court said. Harada won her race for the judgeship in 2018.

During the campaign, she posted endorsements from the local Republican party and several political candidates on her Facebook page. She also publicly endorsed three Republican candidates for office on her Facebook page and contributed to a partisan congressional candidate, the court said.

These acts violated the Montana Code of Judicial Conduct, which holds that a “judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary,” the court said.

Harada’s misconduct also includes lying, another code violation, it said.

She admitted to making false statements to the University of Montana School of Law about an applicant to preclude their admission because of a personal grievance, the court said.

And she attributed to herself two years of law experience while she was a law student under the student practice rules, but while not recognized as a member of the Montana Bar or admitted to practice, it said.

Harada also gave herself credit “for approximately 80 jury trials while she was on inactive status with the Montana Bar and which she attended while a law clerk for a federal judge,” the court said.

Finally, she lied under oath about failing to properly report her employment of a nanny to the U.S. Internal Revenue Service before becoming a judicial candidate, it said.

While Harada admitted to a number of the allegations and filed amended tax returns to include the nanny, the court determined that the allegations and admissions “require suspension from judicial duties for a period of reflection and re-focus upon the ultimate principles of honesty, respect, and decency.”

The case is Halverson v. Harada, 2020 BL 142836, Mont., No. PR 20-0072, 4/17/20.