Cook, Kevin - courts.mt.gov

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Cook, Kevin

From: Menzies, LoisSent: Tuesday, June 11, 2019 8:06 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Jeff Connaughton <[email protected]> Sent: Monday, June 10, 2019 2:19 PM To: MT Supreme Court, Subject: Recommendation of Tracy Labin Rhodes June 10, 2019 Judicial Nomination Commission c/o Lois Menzies Office of Court Administrator P.O. Box 203005 Helena, MT 59620‐3005 To Whom It May Concern: I am writing to recommend Tracy Labin Rhodes, who has applied to be appointed as the fifth District Court Judge of the Fourth Judicial District, Missoula. Ms. Rhodes and I were classmates and friends at Stanford Law School. I have stayed in touch with her ever since. My career has been spent mostly in government and private practice in Washington, D.C. I believe her to be an exceptional person who possesses the intelligence and empathy to be an excellent judge. If I can answer any questions about my strong views in support of the qualifications of Ms Rhodes, please don’t hesitate to contact me. Sincerely, Jeffrey J. Connaughton www.jeffconnaughton.com

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Cook, Kevin

From: Menzies, LoisSent: Saturday, June 15, 2019 8:46 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

Importance: High

From: LISA ATKINSON <[email protected]> Sent: Friday, June 14, 2019 2:49 PM To: MT Supreme Court, Subject: Recommendation for Tracy Labin Rhodes Good afternoon, I am writing again today to recommend that Tracy Labin Rhodes be appointed as District Court Judge for the Fourth Judicial District, Missoula County, Montana, to fill a current vacancy. I have known Tracy since she was a Staff Attorney and I was a Summer Law Clerk at the Native American Rights Fund (NARF). During my summer working at NARF, Tracy was always in the office early in the morning until late in the evening. She was a tremendous help to us Clerks, even when she had a full case load of very important matters pending. She would point us in the correct direction for our research, and she showed a genuine interest in our projects. She was also an excellent example of how when you really believe in what you are doing, "work" doesn't feel like work. She loved talking about the law, about recent cases, current issues facing tribes, and strategies to best represent NARF clients. For the past 18 years I have run a solo law practice and have served as a tribal court judge for more than 40 tribes across the country. I have seen Tracy at a number of Indian Law events, and her intellectual curiosity and commitment to best serve her clients has never wavered. She has an excellent temperament, which is necessary on and off the bench, and I have seen her practice the patience necessary when dealing with some of the most vulnerable people who appear in courts on a daily basis. Tracy is a highly‐intelligent, motivated, compassionate, and well‐qualified candidate. The County and the entire State would greatly benefit from having Tracy on the bench. I cannot give her a high enough recommendation. She would simply be perfect for the position. Please feel free to contact me should you have any questions. Very truly yours, Judge Lisa L. Atkinson Lisa L. Atkinson, Esq. 611 Main Street Suite B-1 Edmonds, WA 98020 (425) 778-2421

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(425) 744-0796 fax CHECK OUT MY NEW AND IMPROVED WEBSITE! www.lisaatkinsonpllc.com You may now conveniently schedule appointments via my website, using calendly.com/mail-64. CONFIDENTIALITY NOTICE: This email and any attachments are for the sole use of the intended recipient(s) and contain information that may be confidential and/or legally privileged. If you have received this email in error, please notify the sender by reply email and delete the message. Any disclosure, copying, distribution or use of this communication by someone other than the intended recipient is prohibited.

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Cook, Kevin


From: Lowe, Kristina <[email protected]> Sent: Friday, June 14, 2019 9:31 AM To: MT Supreme Court, Subject: Tracy Labin To whom it may concern: I am writing in behalf of Tracy Labin for Judge. I met Tracy in August of 1987 on the first day of orientation at the University of Notre Dame. From that day, we were the best of friends and I have the greatest of admiration and respect for Tracy. Through Stanford Law, through NARF and through her sojurn in Missoula, I have watched Tracy grow into a great lawyer with great knowledge and understanding of the law. She is extremely caring and patient and fair. She would be a wonderful addition to the bench and hope that she soon finds her way there. Thanks you Kristina Hammond, MMSC PA‐C 7900 Glisten Av Atlanta, GA 30328 [email protected]

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Cook, Kevin


From: Marcia Gyles <[email protected]> Sent: Wednesday, June 12, 2019 9:33 AM To: MT Supreme Court, Subject: Tracy Labin Rhodes for District Court To whom it may concern, I have known Tracy for the last 4 years and worked along side her on the Desmet School Booster Club. She has a reputation for getting things done and caring for others. She is able to set aside differences and actively come up with solutions. She is open to all points of views and willing to listen. Tracy is down to earth, patient, open minded and compassionate. She is involved in the community and willing to put in hard work to benefit the community as a whole. She will go the extra mile. Tracy has a way of bringing calmness to a room. She radiates good energy and is able to keep up with 4 children, a career and volunteering. Tracy will be a great asset to the District Court. Sincerely, Marcia Gyles Regional Sales Manager Aqua Creek Products 9889 Garrymore Lane Missoula, MT 59808 P: 888‐687‐3552 F: 406‐541‐8958 ‐‐ Marcia Gyles Regional Sales Manager Aqua Creek Products 9889 Garrymore Lane Missoula, MT 59808 P: 888‐687‐3552 F: 406‐541‐8958

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Cook, Kevin

From: Menzies, LoisSent: Monday, June 17, 2019 6:00 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Mark & Kathy Braddock [mailto:[email protected]] Sent: Sunday, June 16, 2019 11:46 AM To: [email protected] Subject: Public comment on 4th Judicial District Judge applicants Of the candidates listed, I am familiar with three of them, all of whom I believe would be excellent choices for this position. They are: ‐ Larry Dean Mansch ‐ Tracy Labin Rhodes ‐ Leta Jean Womack I consider all three to be very good friends and wonderful neighbors for many years. I have had no legal dealings with any of them, but consider all to be above reproach.

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Cook, Kevin


From: Grant Cunningham <[email protected]> Sent: Tuesday, June 18, 2019 11:42 AM To: MT Supreme Court, Subject: Letter of Recommendation for Tracy Rhodes 06/18/19 To Lois Menzies and the Judicial Nomination Commission, Since 2013 I have had the personal pleasure of being a good friend to Tracy Rhodes and her family, even going as far as house sitting for them over several weeks’ time. While I have never had a professional relationship with her, I feel close with the family and have seen her endlessly and selflessly pour herself out for them, her household, and the people fortunate enough to call her a friend. She is a tirelessly hard worker. Additionally, I have co‐volunteered with Tracy at numerous events and fundraisers in which she always approaches with a smile and an open heart. At one fundraiser in particular when things were not going to plan, she was quick to take charge with solutions to the point that most didn’t realize any issue at all. I feel a judge must be decisive, but also approach each situation individually and I have seen her excel in these factors, both at these events and equally when the kids find themselves in “teachable moments." I will say, the four of them are learning from a stellar model. I feel strongly that Tracy Labin Rhodes would make a truly positive impact to our community as our District Court Judge and gladly pledge my support. Thank you, Grant Cunningham 406-561-6212 www.behringmade.com

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Cook, Kevin


From: Robert Brown <[email protected]> Sent: Monday, June 17, 2019 8:43 PM To: MT Supreme Court, Subject: District Court Judge ‐ 4th District ‐ Comments To Whom It May Concern‐ I want to highly recommend Tracy Rhodes for 4th District Court Judge. Tracy has been my neighbor and acquaintance for over 3 years. During that time she has been nothing but an exemplary neighbor. I'm always amazed how she makes working full time and raises 4 great kids seems effortless. She is always juggling a million things and still will find time to drop anything to help in a neighborly way. I have no doubt she will excel as a fair, honorable, and imperturbable district judge. Regards, Bob Brown

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Cook, Kevin


From: rebecca rasch <[email protected]> Sent: Monday, June 17, 2019 8:43 PM To: MT Supreme Court, Subject: Judicial Nomination Commission, c/o Lois Menzies Dear Lois Menzies and the Judicial Nomination Commission, I am submitting this letter to express my support for Tracy Labin Rhodes for District Court Judge. I have known Tracy, as a friend and neighbor, for close to four years. Tracy is intelligent, honest, open‐minded and compassionate. Tracy is well‐prepared for the position, having worked for years defending the rights of a broad cross‐section of Montana residents. Tracy's extensive work with tribal communities and as tribal court judge also provide her with a unique lens for understanding the complexities of cases involving tribal members. As a working mother of four, Tracy is no stranger to hard work and the ever present need to seek efficiencies at every turn. I am confident that Tracy will handle the challenges of the role of District Court Judge with the same patience, grace and sentient nature I have witnessed on countless occasions over our tenure as neighbors. Sincerely, Rebecca Rasch, PhD Regional Social Scientist USDA Forest Service 1651 Dodd Ranch Rd, Missoula, MT 59808

WWW.NATIVEAMERICANBAR.ORG

June 14, 2019

Judicial Nomination Commission, c/o Lois Menzies

Office of Court Administrator

P.O. Box 203005

Helena, MT 59620-3005

Sent via email to: [email protected]

Re: Support of Tracy Labin Rhodes for District Court Judge

Dear Commissioners:

As President of the National Native American Bar Association (NNABA), it is my

privilege to support Tracy Labin Rhodes’ application to be a judge in Montana’s Fourth Judicial

District.

NNABA’s mission is to advance justice for Native Americans. As our name implies,

NNABA represents the interests of lawyers from populations indigenous to the lands that are now

collectively the United States: American Indians, Alaska Natives, and Native Hawaiians. Our

members include Native American attorneys, Indian law practitioners and professors, as well as

numerous tribal court advocates and tribal court judges.

In our view, it is crucially important for state court judges to have knowledge of Indian law

and an understanding of the histories and experiences of Native people. As you know, all branches

of state and federal government play an integral role in justice for Native Americans. The unique

legal posture of Indian tribes to the federal government is deeply rooted in American history and

has always been heavily intertwined with often-shifting federal Indian policy, but often a central

role in justice for individual Native Americans rests with state courts. Moreover, in states such as

Montana with a large presence of tribal governments, Indian law issues frequently come before

state courts. Yet, very few state court judges have knowledge or experience related to tribal

sovereignty and Indian law prior to taking the bench. NNABA knows that Ms. Rhodes, more than

any other candidate, possesses a deep knowledge and understanding of Indian law matters. If

appointed, we trust that she will be fair and informed about the panoply issues routinely addressed

by state courts with significant impacts on Native Americans.

http://www.nativeamericanbar.org/

Re: Support of Tracy Labin Rhodes for District Court Judge

June 14, 2019

Page 2 of 2

Increased diversity in the state and federal judiciary is a top priority for NNABA. As of

June 2017 (the most recent time comprehensive data was collected), Native Americans occupied

only a dozen of the more than 1,400 state court judgeships throughout the United States.

Unfortunately, there are no Native Americans currently presiding in Montana’s judiciary. We

strongly encourage the appointment of qualified Native Americans to fill judicial vacancies, and

Ms. Rhodes, who is a member of the Lower Mohawk First Nation and a descendant of the Seneca

Indian Nation, is certainly extremely qualified. She possesses experience in complex legal matters,

has decades of experience as a respected litigator (including in the Montana Supreme Court and

U.S. Supreme Court), served as a law professor, and has previous judicial experience in tribal and

state court systems. Accordingly, our support for Ms. Rhodes is not simply because she is Native

American, but because she meets and exceeds the necessary qualifications to serve as a state court

judge and will bring important experience and perspective to the bench.

In conclusion, NNABA enthusiastically supports the application of Tracy Labin Rhodes as

a judge in Montana’s Fourth Judicial District.

Thank you for considering our views. If you have any further questions, do not hesitate to

contact me via e-mail at [email protected] or via telephone at (561) 302-5297.

Sincerely,

Robert Saunooke, President

National Native American Bar Association, 2019-2020

Erynn Flaherty

Missoula County Justice Court Clerk

PO Box 307

Missoula, MT 59806

June 18, 2019

Judicial Nomination Commission

c/o Lois Menzies


[email protected]

Dear Judicial Nomination Commission:

It is my pleasure to submit this letter in support of Tracy Rhodes' nomination for the Fourth

Judicial District Court Judge position. I have worked with Ms. Rhodes during the last two years

when she stepped in as a substitute Justice of the Peace for the Missoula County Justice Court.

Not only is she knowledgeable with the law and court proceedings, Ms. Rhodes acts fairly,

calmly, and also commands a presence in the courtroom that would make her a terrific choice for

a District Court Judge.

In addition to performing admirably as a Justice of the Peace pro temp, Ms. Rhodes works well

with the clerks and support staff - an imperative trait in a high stress environment. I strongly

urge your office to submit Ms. Rhodes' name to Governor Bullock for appointment to the Fourth

Judicial District Court.

Sincerely,

Erynn Flaherty

Erynn Flaherty

Justice Court Clerk

TO: Judicial Nomination Commission Members

FROM: Lois Menzies

DATE: June 21, 2019

SUBJECT: Public Comment

The following is a transcription of a telephone message received on June 21, 2019:

This is Ted Laine. I am calling to support the candidacy of Tracy Labin Rhodes to be a district court judge in the 4th Judicial District in Missoula. I’ve known Tracy for a long time in my role as a pediatrician caring for her family. I’ve always found her to be a very thoughtful and caring parent, and I think she would make a great judge.

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Cook, Kevin


From: Martha Jamieson <[email protected]> Sent: Monday, June 24, 2019 9:31 PM To: MT Supreme Court, Subject: Fwd: Tracy Labin Rhodes Sent from my iPhone Begin forwarded message: From: Martha Jamieson <[email protected]> Date: June 24, 2019 at 9:26:54 PM MDT To: [email protected] Subject: Tracy Labin Rhodes Dear Lois Menzies, I have known Tracy for several years. Our kids attend the same school and are friends. I am friends with Tracy as well. We have spent time together at each of our homes. She is an extremely caring person and a wonderful mom. I have seen her volunteer at school in Girl Scouts, and she is always there to support her kids in their various endeavors. I admire her for many reasons including being a very intelligent strong woman, successfully juggling work and parenting, being approachable, helpful, easy going, and humorous. What can I say, I just really like being around Tracy! I think she would make an amazing judge because she is smart, fair, and compassionate. Sincerely, Martha Jamieson Sent from my iPhone

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Cook, Kevin


From: Brooks, Carrie <[email protected]> Sent: Monday, June 24, 2019 6:02 PM To: MT Supreme Court, Subject: Judicial Nomination Commision c/o Lois Menzies ‐ Tracy Labin Rhodes I am writing to support and recommend my friend Tracy Labin Rhodes for the appointment of District Court Judge. My name is Carrie Brooks. I am a software development manager for Tyler Technologies and live and work in Missoula, MT. I have known Tracy for 8 years and can say in all honesty that she is a hardworking, compassionate, and highly intelligent woman. I feel that she would be great in this role because of her ability to see things from every perspective. In the time that I have known her, I have seen her compassion for others as one of her strongest personality characteristic. Tracy gives her all to everything she endeavors to do. She is a great mother, friend, and a truly unique individual that would work hard and stay true to the office of District Court Judge. Thank you for your time, Carrie R. Brooks 406‐531‐3260

Danna R. Jackson 719 Holter St.

Helena, MT 59601 (w)406.444.0503 * (c)406.431.8485

June 21, 2019 Judicial Nomination Commission c/o Louis Menzies Office of Court Administrator P.O. Box 203005 Helena, MT 59620-3005

Re: Tracy Labin Rhodes’ application for Judicial Nomination Dear Judicial Nomination Commission: Please consider this a letter in support of Tracy Labin Rhodes’ application to be nominated a judge in the Fourth Judicial District. She is an outstanding candidate.

I first met Tracy when we were both lawyers in Washington D.C. Tracy was working for the prestigious Native American Rights Fund (NARF). The elite attorneys at NARF take on complex matters of national importance. She was a valuable and capable attorney in that capacity.

I was pleased to connect with Tracy when she moved to Montana. Professionally we intersected when I was an Assistant United States Attorney and tribal liaison for the District of Montana and Tracy was a tribal judge that attended trainings partially sponsored by my office. I was delighted that Tracy served on several Montana tribal appellate courts. Her expertise, excellence, and professionalism provided a vital contribution to Montana’s tribal courts.

Similarly, I am impressed with Tracy’s decision to focus on some of the most critical issues facing our court system – child neglect and family issues. I am personally and professionally grateful that she is dedicated to this component of law.

Letter/Tracy Labin Rhodes June 21, 2019 Page 2

Tracy has the intelligence, dedication, and demeanor to be an outstanding district court judge.

Thank you for your consideration. Please contact me should you have any questions regarding this.

Very truly yours,

// Danna R. Jackson

Danna R. Jackson, Esq.

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Cook, Kevin

From: Menzies, LoisSent: Wednesday, June 26, 2019 3:31 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: The Bryan Team <[email protected]> Sent: Wednesday, June 26, 2019 10:53 AM To: MT Supreme Court, Subject: Letter of recommendation

CAUTION:Thisemailmessagemaycontainanunsafeattachment. WescanemailattachmentsformalicioussoftwaretoprotectyourcomputerandtheState'snetwork.Ifwedeterminethatanattachmentisunsafe,thenweblockitandyouwillonlyseeanattachmentcalled'UnsupportedFileTypesAlert.txt'.Ifwecannotscananattachment,thenweprovidethiswarningthattheattachmentmaybeunsafeandadviseyoutoverifythesenderbeforeopeningtheattachment.Ifyoudon'tseeafileattachedtothismessage,itdoesn'tmeanthatweblockedit,someemailsignaturescontainimagefilesthatwecannotscan.PleasecontactyouragencyITstaffformoreinformation.

Dear Lois Menzies, I am writing a letter of recommendation for Tracy Labin Rhodes. I have been a Missoula resident for over 50 years and past partner at Gillispie Realty and Prudential Montana Real Estate. I have known Tracy and her family for many years, both personally and professionally. I believe she has good values and integrity. She would make a good quality judge. Thanks, Gary Bryan Gary Bryan Broker, GRI, CRS, SFR BHHS Chairman’s Circle

Berkshire Hathaway HomeServices Montana Properties 1020 South Ave W Missoula, MT 59801 406‐329‐2011

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Cook, Kevin

From: Menzies, LoisSent: Wednesday, June 26, 2019 3:30 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Kim Gottschalk <[email protected]> Sent: Tuesday, June 25, 2019 3:13 PM To: MT Supreme Court, Cc: Menzies, Lois Subject: Judicial Nomination Commission ‐ nomination of Tracy Labin Rhodes Dear Commissioners: I write to strongly support the application of Tracy Labin Rhodes to be a District Court Judge. I am an attorney at the Native American Rights Fund (NARF) where I had the good fortune to work for several years with Tracy. I write in my individual capacity. Tracy worked on a wide variety of complex issues of Indian law. She helped NARF/NCAI get the Supreme Court Project off the ground – a project that continues to this day to help Tribes with advocacy in the Supreme Court. Her Indian law background would serve Montana well. But beyond that experience, Tracy is extremely intelligent, creative, and empathetic. She has a demeanor well‐suited to the position and is totally committed to public service. I support her application with enthusiasm. Kim Gottschalk

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Cook, Kevin

From: Menzies, LoisSent: Thursday, June 27, 2019 8:30 AMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Colin Stephens <[email protected]> Sent: Thursday, June 27, 2019 6:02 AM To: MT Supreme Court, Subject: Tracy Rhodes for 4th Judicial dist.


c/o Lois Menzies Office of the Court Administrator P.O. Box 203005

Helena, MT 59620-3005

Re: Public Comment for Fourth Judicial District Judge. To the Honorable Judicial Nomination Commission

I write in support of the judicial nomination of Tracy Labin Rhodes. I first met Tracy shortly after I graduated from law school. She was working at the law school as acting director of the Indian Law Clinic and a visiting associate professor. My first impression of Tracy was that she was a marvelous combination of compassion and intelligence. When I first met Tracy, we were representing a mutual client. I was representing the client in connection with very serious criminal charges and uncharged involvement in a brutal homicide. Tracy was representing the client on a dependent neglect matter. As a young and full-of-himself lawyer, I was relatively aloof and callous about our client because the proof in the criminal case was very strong. Tracy reminded me that our client was both human and, because of the client’s tragic circumstances, deserving of our best efforts. That meeting had a significant effect on how I practiced law after that point. Whenever I find myself becoming jaded or callous, I recall that conversation and our mutual client. In short, Tracy made me a better lawyer and a better person.

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Tracy is, and will be, an excellent judge. I have appeared before her when she was a pro temp justice of the peace. She treats everyone in her courtroom with equality and fairness. She balances her inherent empathy with a classical respect for the law, the rules of court, and the rules of society. I can’t think of a better combination for a jurist. Tracy is also an excellent teacher. During our first encounter, Tracy was able to convey a powerful lesson without lecturing or condescension. I believe this ability will be critical to a judge who presides over a very busy judicial district with a large number of pro se litigants. Tracy will treat each and every person that appears before her with dignity and respect. If she is able to guide them the way she guided me, the community of Missoula will be well served. Tracy’s network extends across a broad swath of the Missoula populace. For a long period of time the Rhodes children were enrolled in one of the poorest school districts in Missoula. Tracy actively participated in the school and the community. Although their children attend the Catholic School (Tracy is a strong Catholic), she still maintains close ties to those she met in that district and provided pro bono legal work for them. I have little doubt that she will be able to convince the voters that she is perfect for the job. Thank you for your attention. Regards, SMITH & STEPHENS, P.C. /s/ Colin M. Stephens Colin M. Stephens _______________________________________________ Colin M. Stephens SMITH & STEPHENS, P.C. 315 W. Pine Missoula, MT 59802 Phone: (406) 721-0300 Cell: (406) 531-7724 Fax: (406) 721-5370 [email protected]

www.smithandstephenspc.com CONFIDENTIALITY: This message is intended to be confidential and directed only to the person/entity as addressed above. The contents of this message and any attachments may be

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subject to the attorney-client privilege and/or work product doctrine and may not be disclosed to other parties or distributed/copied in any way. If you have received this message by error, please inform us by replying to the above email address and then delete any copies from your hard drive and mail server. Thank you. GO SAINTS!


FROM: Lois Menzies

DATE: June 26, 2019


The following is a transcription of a telephone message received on June 26, 2019:

My name is Leila Cromwell, and I am calling to make a recommendation for Tracy Rhodes. She

is an excellent attorney and really cares about underprivileged people whether it be the Native

Americans or whether it be people of color or anyone else. She would make an excellent judge,

so I would highly recommend her.

P.O. Box 3425 Missoula, Montana 59806

[email protected] (406) 422-8709 iPhone

(406) 543-2363

June 26, 2019

Judicial Nomination Commission c/o Lois Menzies Office of the Court Administrator P.O. Box 203005 Helena, Montana 59620-3005 [email protected] Re: Recommendation for Tracy Labin Rhodes To the Commission: I recommend that the Commission select Tracy Rhodes for the Governor’s consideration to fill the seat now held by the Hon. Karen Townsend, district judge, Fourth Judicial District, Missoula, Montana. I met Ms. Rhodes recently to discuss her application for the position. My understanding is that she was selected by the Commission to be considered by the Governor for the position now held by Hon. Shane Vannatta. I also understand that she has had no experience trying a case before a jury. Nevertheless, I think the experience she has had warrants sending her name to the Governor again. Dependent and neglect and child custody cases are a major part of a district judge’s calendar. Most judges had little if any training in those matters. We all had to learn as we went. Although it is useful to have had jury experience before assuming the bench, I do not think it is absolutely necessary. The duties of an attorney and of a judge differ, of course, and how a judge administers a trial is something that can be learned by watching, as Ms. Rhodes understands. From my conversation with her, I think she understands the role of a judge and knows what she must learn. Sincerely, James Wheelis

mailto:[email protected]


c/o Lois Menzies


P.O. Box 203005

Helena, MT 59620-3005

[email protected]

June 23, 2019

Dear Ms. Menzies & Distinct Members of the Judicial Nomination Commission:

It is my great pleasure to recommend Tracy Labin Rhodes for District Court Judge in Missoula County. I have personally known Tracy for the last sixteen years and have been familiar with her legal career in Montana. She encompasses essential values a district court judge should emulate both on the bench and in her personal life. Tracy is an authentic person who possesses innate traits of decency and is conscientious of those in her community.

The contributions Tracy has made to the Missoula community define her selflessness and concern she holds for her fellow citizen. Tracy has dedicated herself to enriching the lives of fellow Missoulians, Montanans and particularly, the downtrodden of society and those who are marginalized. Through Tracy’s efforts and legal ingenuity, she has assisted many people who would have been neglected and inadequately defended. Essentially, Tracy defends ALL of her clients with professionalism, legal soundness and above all, with kindness and compassion. She truly represents all of her clients with decency and civility. Tracy is uniquely special for her compassion and commitment to helping her fellow brothers and sisters.

The personal connection I hold with Tracy is unique and special. I have been with her as she began her family and have witnessed her innate ability to raise her four wonderful children. She possesses love and compassion and maternally transposes these qualities to those she connects. Tracy is committed to her personal role as a mother and her professional role as an attorney and seeks to adjudicate fairness and kindness in both settings.

I am both humbled and honored to write Tracy a letter of recommendation. She has my unwavering recommendation for District Court Judge. She is intelligent, kind, and gracious and has a resolute determination of right and wrong. I am both confident and assured Tracy will represent and commit to sound legal rulings and benefit all those who appear before her. Her moral compass is set at true north and her legal keenness is astute.

With sincerity,

Julia McCarthy-McLaverty


JoLynn M. Blakeley 4990 Sonoma St.

Missoula, MT 59808 (406) 491-7450

June 26, 2019

Judicial Nomination Commission c/o Lois Menzies P.O. Box 203005 Helena, MT 59620-3005 [email protected] RE: Support of Tracy Labin Rhodes for District Court Judge Dear Commission Members:

I am writing to support Tracy Labin Rhodes for appointment as District Court Judge for the Montana Fourth Judicial District.

I have known Tracy in a personal capacity for almost 10 years. Our children were classmates and close friends at DeSmet Elementary. It was through those friendships and school activities that I became to know and respect Tracy. Tracy stood out among the parents, as a leader and advocate, not only for her children, but their classmates, as well. She did this through volunteering her time in social and school activities, in order to enrich the academic and social experience of the students. Further, Tracy was strong advocate for the betterment of the educational supports and standards within the school system. These qualities made her a natural candidate for President of the Booster Club, the school’s parent organization. Through her work on the Booster Club, Tracy was instrumental in helping to incorporate the club as a non-profit organization and to develop by-laws in order to create an enduring organization. She also worked tirelessly to raise much needed funds for the students—work she continues to do to this day.

Outside of the academic setting, Tracy and I became friends. It is through this friendship that I have been able to witness Tracy in multiple facets of her life, i.e., friend, peer, mother, and spouse. Tracy has a very tenacious personality. She is determined and has the ability to accomplish whatever goal she sets for herself, both personally and professionally. I have witnessed this determination through the dedication and compassion she devotes to her career. She works tenaciously to make certain her work is thorough and concise. She understands the level of trust her clients place in her and is committed to going above and beyond to ensure her service exceeds her clients’ expectations. Not only is Tracy an excellent attorney, she also somehow has found time to preside over cases in Missoula and for various tribal courts as a substitute judge.


In addition to her law career, Tracy has sought out opportunities in the community where she can be of value by sitting on the Board of Directors for the Missoula Indian Center and Mountain Home Montana, and by volunteering at the Missoula Food Bank.

Above all, I can say that Tracy’s most cherished role is her role as a mother. Tracy is compassionate and altruistic. She devotes every spare moment of her time to her four children. Given they all have separate interests and needs, Tracy will not compromise one child’s necessity for another but instead ensures that each and every one of her children has what they need to thrive in and outside of the classroom, by investing in a private school and in individualized extra-curricular activities.

Tracy is selfless, fair and non-judgmental. She is always looking out for the best interest of others and will excel in this position.

Sincerely,

/s/ JoLynn M. Blakeley

JoLynn M. Blakeley

June 27, 2019

Judicial Nomination Commission, c/o Lois Menzies


P.O. Box 203005 Helena, MT 59620-3005

[email protected]

RE: Support of Tracy Labin Rhodes for District Court Judge

Dear Commissioners:

It is with great pleasure that the National Congress of American Indians (NCAI) and the Native

American Rights Fund (NARF) write in support of Tracy Labin Rhodes’ application to be a

judge in Montana’s Fourth Judicial District. NCAI and NARF support the appointment of state

court judges who demonstrate an understanding of tribal sovereignty and Indian law. This is

particularly important in Montana, which has seven federally-recognized Indian tribes and one

state-recognized Indian tribe.

Mrs. Rhodes’ experience in Indian law began when she was selected for the prestigious Skadden

Fellowship upon graduating from Stanford Law School. As a Skadden Fellow with NARF, she

focused on some of the most complex areas of federal Indian law, and her outstanding

performance led to being offered a Staff Attorney position NARF. Among her many

accomplishments was being NARF’s first lead attorney for the Tribal Supreme Court Project, a

joint project of NCAI and NARF that coordinates and strategizes litigation before the Supreme

Court of the United States. After a decade with NARF, she joined the Alexander Blewett III

School of Law, where she directed the Indian Law Clinic. And her subsequent private practice

experience includes extensive litigation of Indian Child Welfare Act matters. Mrs. Rhodes also

possesses experience adjudicating issues involving tribal and Indian law, having served three

Montana tribes as a tribal court judge.

While Indian law is certainly an area of specialized knowledge, its practice requires mastery of

complex areas of law, such as jurisdiction and constitutional law, and includes many other areas

such as tax law, water law, education law, employment law, and environmental law.

Accordingly, the fact that Mrs. Rhodes is well-regarded within this legal field demonstrates her

ability to analyze complex and broad-ranging legal issues.


Re: Support of Tracy Labin-Rhodes for District Court Judge

June __, 2019

Page 2 of 2

NCAI and NARF are proud to support Mrs. Rhodes’ application to be a Montana District Court

judge. We believe that her knowledge and experience in Indian law is vitally important in a state

with numerous Indian tribes and where individual Native Americans are often litigants in the

state court system.

Should you have any questions, please contact Virginia Davis, at [email protected] or 202-466-

7767.

Sincerely,

Jeffereson Keel, President

National Congress of American Indians

John Echohawk, Executive Director

Native American Rights Fund


June 20, 2019

Judicial Nomination Commission c/o Lois Menzies Office of Court Administrator P.O. Box 203005 Helena, MT 59620-3005 Re: Letter of Recommendation for Tracy Labin Rhodes, JD to District Court Judge

Dear Nomination Commission:

Please consider this letter my highest recommendation for Tracy Labin Rhodes for the District Court

Judge of the Fourth Judicial District. I have known Ms. Labin Rhodes since 1988 when we were

undergraduate students at the University of Notre Dame. In the past thirty years, Ms. Labin Rhodes and I

spent several years together at Stanford University, while she completed her law degree. Over the

course of the years, I have known her personally and professionally. She holds the highest of ethical

standards, with an orientation toward fairness and equity and will make a top-notch justice.

Even before her years in law school, it was clear to see that Ms. Labin Rhodes’ level of evaluation went

beyond most others. She considered evidence both for-and-against diverse arguments. I recall her

participation in an undergraduate Philosophy class, taught entirely in French, where she would be one of

the most vocal about the application of philosophical principles to daily life. With a justice for a father,

she seemed raised in a cloud of detailed conversation and consideration.

One thing I admire most about Ms. Labin Rhodes is her tremendous knowledge of both United States

Law and Native Law. Unlike others in our undergraduate class who focused on corporate documents and

contracts, she has focused on finding fair outcomes for the underserved, most recently for traumatized

families. As a licensed psychologist, I care a great deal for struggling families. Ms. Labin Rhodes has

identified many cases where she is weighing difficult and compelling evidence for children and youth in

extreme situations. She has the professionalism, personal strength, and bandwidth to manage

tremendously sensitive information. I believe in her ability to be just and to work on behalf of families

and the state. Her primary goal is to support and protect individuals with fairness.

The District Court wishes to appoint those who are the top role models doing great work. In addition to

her experience as a stellar attorney, Ms. Labin Rhodes engages in community service and teaching,

doing work that other attorneys would avoid. She serves individuals who have been traumatized. She

applies her extensive professional knowledge of the law to assist those who are critically in need of

services. As you know, she has argued in front of the United States Supreme Court and many Court of

Appeals. She has sat on diverse Boards and has also been an instructor to law students. Ms. Labin

Rhodes is an incredible individual, with the highest of ethical standards. She fights for fairness and

justice. She believes, at a cellular level, in the rights and responsibilities attributed to all individuals. She

is also a lifelong learner who continues to educate herself on the responsibilities of today. Thank you for

your consideration of Ms. Labin Rhodes as a judge. She is in that top 1% of individuals who is deserving

of that most important office.

Most sincerely,

Shannon Casey, Ph.D. Licensed Clinical Psychologist

June 25, 2019

Judicial Nomination Committee Submitted via email to c/o Lois Menzies [email protected] Office of the Court Administrator P.O. Box 203005 Helena, MT 59620-3005

RE: Letter of Support for Tracy Labin Rhodes Dear Ms. Menzies:

I support Tracy Labin Rhodes’ application to be appointed to District Court Judge for the Fourth Judicial Court. Tracy is an outstanding lawyer. She is dedicated to public service, having worked her entire career in public interest law. Public interest lawyers are under-represented on the bench, to the detriment of the law and our citizens. Her legal experience, passion for the law, dedication to the public, legal acumen, and work ethic will make her an excellent judge. As reflected in her application, Tracy will bring unique experience to the bench,.

She has superior intellectual, writing and speaking skill that enable her to impressively analyze legal issues. She works hard. Her legal career reflects her commitment to serving all citizens, regardless of their social standing. Tracy has no personal prejudices or political influences or commitments that would impair judicial neutrality.

Tracy will be a great judge. All citizens will benefit from her appointment to District Court Judge.

Sincerely,

John Rhodes

Thomas S. Labin

11937 Liberia Rd.

East Aurora, NY 14052

(716) 655-1072

[email protected]

June 26, 2019


c/o Lois Menzies


P.O. Box 203005

Helena, MT 59620-3005

RE: Support of Tracy Labin Rhodes for District Court Judge

Dear Commission Members:

I am a retired attorney having practiced law for 50 years. First elected in 1973, I

am also one of the longest sitting justices in New York State. Based on this experience, I

know that Tracy is well qualified to serve as a District Court Judge.

Tracy was born premature weighing only about two pounds. Her fight for life

may be why she has been committed to fight for her goals throughout her life. Since the

age of eight, she has wanted to become an attorney. Later in life she strove to bring her

legal experience and accomplishments to the judicial arena. She has worked as an

attorney in Washington, D.C., Colorado, and for the past fifteen years in Montana. She

has been admitted to practice law in these numerous states as well as many districts of the

Federal Bar. She is a dedicated lawyer and judge, and I am confident she would bring

credit to the Fourth Judicial District bench due to her personal ethics, education, writing

ability, her sense of fairness, as well as her ability to analyze complex legal and personal

issues.

Tracy has always had the ability to diffuse toxic and unpleasant situations.

Growing up in a household of four girls, there were frequently disagreements among the

siblings. Tracy was the one who usually settled the arguments, even though she was not

the one inciting the problem. She was the one her three sisters looked to for support.

Tracy has always been receptive to listening to varying, if not opposite, points of

view and satisfactorily resolves them fairly and calmly. She is extremely honest and


ethical. She does not shy away from difficult or distasteful tasks but follows them

through to completion. She treats all before her with dignity and respect.

Throughout life, Tracy has been a hard worker and one who puts more effort into a

project than is required, and frankly, sometimes unnecessary. She has energy and

determination, as manifested by the fact that she is successfully raising four children, all

while maintaining a full-time rigorous law practice and devoting herself to multiple

volunteer endeavors.

Tracy has always been one to get things done, even when obstacles have been put

in her way. When she was a college student at The University of Notre Dame, she chose

to study in France for a year. She also wished to become a trainer for the Notre Dame

athletic department, but was told that she was ineligible because she was spending one of

her four years in France. Not taking no for an answer, Tracy pled her case, and through

her persistence, was hired as a student trainer following her return from France.

Although she has accomplished much, Tracy is unpresuming in those

accomplishments. She does not boast, but keeps her head quietly down to the grindstone.

Even I, as her Father, learned new things about her successes by reading her application.

Tracy acknowledges she has been blessed in her life and has experienced great

opportunities. I believe this is the force behind her commitment as an advocate for those

not as fortunate.

In addition to the legal and professional qualifications, which are clearly and fully

set forth in her application, Tracy is a caring, thoughtful, humble, and compassionate

person. The combination of these qualifications and characteristics make her an excellent

candidate for the position of District Court Judge.

Sincerely,

/s/ Thomas S. Labin

_____________________________

Thomas S. Labin

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Cook, Kevin

From: Menzies, LoisSent: Friday, June 28, 2019 10:27 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Bobbi Hettick <[email protected]> Sent: Friday, June 28, 2019 7:03 PM To: MT Supreme Court, Subject: Tracy Labin Rhodes ‐ District Court Judge I have known Tracy since the fall of 2013. We met as moms normally do, at a Booster Club informational meeting at DeSmet Elementary. The Booster club, at the time was not being ran legally as a non profit. The work it takes to establish a 501c3, is immense We relied heavily on Tracy's knowledge of the law and ability to write the by‐laws, articles of incorporation and mission statement for the club. With Tracy's help we were able to make our Booster Club a legal non profit organization as well as fiscally sound. She read and approved all of the legal jargon for our club to be insured properly. Throughout the past 6 years, Tracy has been an integral part of the club, helping organize and run our annual bingo night. She also helped establish an after school class, that allowed parents a place for their kids to go everyday once school let out. Her ability to plan, organize and implement were crucial in our first few years. We were all learning but her sound advise and legal knowledge was unparalleled. On a personal level, Tracy is kind, funny, witty and a good friend. I have watched her transition from a married woman of 4 to a single mom. She has handled all of her new challenges with grace and fortitude. The fact that she is trying to better her position is proof that she wants to leave her kids with a sound footprint for life. She is one amazing woman and I am proud to call her my friend. Thank you, Bobbi Hettick [email protected] 406‐396‐6942

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Cook, Kevin


From: dennis cromwell <[email protected]> Sent: Friday, June 28, 2019 1:06 PM To: MT Supreme Court, Subject: Lois Menzies reference for Tracy Rhodes Hello my name is Dennis Cromwell and I would like to give a personal reference for Ms Rhodes to become a judge in the 4th district Tracy was my attorney appointed to me in my DN Case where I was the non offending non custodial parent she was very patient with me as I have ptsd and can be difficult at times as a client but she was very understanding and patient she has a great understanding of the laws in Montana she fought hard for me when the district court as well as the state violated my parental rights and just ignored the law but Tracy didn't quite she knew they were in the wrong and she fought and stuck with me I even asked her to help me with my custody case and she did that pro Bono we appealed both the DN Case and the DR cases and the supreme Court in a en banc decision over turned both cases and I now have custody of my son after her helping me fight for four years she would make a great honest fair judge no matter what the case she follows the law even if it conflicts with her personal opinions I would love to see her get this judgeship she works hard at waht she does and Montana 4th district would be blessed to get her a s a judge Thank you for reading this and I hope she gets this position she so deserves it

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Cook, Kevin


From: Dan Biddulph <[email protected]> Sent: Friday, June 28, 2019 1:00 PM To: MT Supreme Court, Subject: Judicial Nomination Commission; public comment; Tracy Labin Rhodes Judicial Nomination Commission c/o Lois Menzies Office of Court Administrator PO Box 203005 Helena MT 59620-3005 06/28/2019

To Whom it may Concern,

Please accept this letter in support of Tracy Labin Rhodes as district court judge for the Montana Fourth Judicial District. Tracy’s experience as a tribal judge, substitute justice of the peace, and appellate attorney demonstrate her ability to understand, interpret and apply the law; however, a good judge must also possess a sense of empathy and understanding for the people who appear before her. All too often the court is tasked with cases involving mental health, substance abuse, and poverty and a judge must be able to understand these problems, as they relate to the individual, in order to craft remedies in criminal, dependent neglect cases, and matters involving involuntary commitment.

I have had the pleasure to work with Tracy multiple times representing children or parents in dependent neglect cases. While working with Tracy I have always found her to be an intelligent, hard working attorney who works to advance the best interest of the children by striving to achieve reunification of the child with the parent in a safe and stable home. My experience with Tracy in these cases is why I believe she should be appointed as district court judge for the Fourth Judicial District.

First of all, let me begin by saying that representing parents in dependent neglect and child welfare cases can sometimes be a difficult and unrewarding endeavor. An attorney in these matters takes on a client who is typically at their worst point in life. The client may have lost custody of their child; they may be suffering from mental health or substance abuse issues; they are typically, if not always, living in poverty; they may be homeless; and the client may have the matter complicated with concurrent criminal charges.

As an attorney, Tracy has demonstrated an ability to advocate for these parents in court while assisting them through peripheral tasks necessary to create a safe and stable home for the child (such as housing, chemical dependency treatment, and mental health treatment). This is no easy task, it takes a person with a sense of empathy, combined with an ability to provide firm advice, to counsel the parent on the requirements necessary to successfully reunify with their child. The attorney must accommodate the parent’s shortcomings while at the same time set firm expectations with regard to requirements set by the court. I firmly believe Tracy would apply her skills as an attorney to the benefit of society and the litigants who would appear before her as a judge.

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Tracy has the empathy to understand the individual needs of the defendant or parent, balanced against the best interest of the children and the relief sought by the State. This is no easy task. It requires a judge who can acknowledge the obstacles inherent to the parent, yet not allow those obstacles to serve as an excuse to not perform the responsibilities of parenting. It requires a judge who can be firm and fair to both parties while holding both the State and the parents to a proper standard which protects the rights of the child and the parent.

I have personally witnessed Tracy’s ability to set firm expectations with her clients and then hold them to that standard. As a judge, I know she would do the same. She would understand the needs of the parties involved, while setting firm expectations, and ultimately make decisions consistent with the law and facts of the case. This sense of honesty, firm expectations, empathy and justice is necessary to give all those involved in the case a fair and just process.

Finally, I strongly support Tracy Rhodes judicial appointment because she comes from a background on the defense side of the bar. All to often it seems judges come from a disproportionate background in prosecution and an appointment from the defense would provide balance to the courts. Judges are human, and like all people are prone to biases developed from their past experiences. While prosecutors have been proven to be fair and effective judges, a judge from the defense bar would provide a perspective to the judicial process which comes from a focus on the individual and not from representation of the State. This balance is necessary as judges are tasked with the increasing burden of hearing cases which involve substance abuse and mental health issues. These types of cases cannot be resolved with a formulaic approach and remedies must be crafted which address the individual needs of the person if they are to be successful their rehabilitation as a criminal defendant or parent in a dependent neglect action.

Tracy has this ability. I have personally witnessed her work collaboratively with prosecutors and state agencies to work out successful rehabilitative plans for parents and defendants which serve the interests of the person, the community, and the best interest of the child. It is my belief that this is the most successful way to rehabilitate a defendant while providing justice to victims and safety for the community. Tracy has the education, experience, and temperament to apply these principles as a judge and would no doubt serve the constituents of the Fourth Judicial District with honor, justice and respect.

I respectfully submit my support for Tracy Labin Rhodes as District Court Judge for the Montana Fourth Judicial District and thank you for your time and consideration in this important decision.

Regards,

Daniel V. Biddulph Attorney, Ferguson Law Office, PLLC Bar #13083 PO Box 8359 Missoula, MT 59807 406-532-2664 [email protected]

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Cook, Kevin


From: Tammy Keck <[email protected]> Sent: Friday, June 28, 2019 11:54 AM To: MT Supreme Court, Subject: Tracy Labin Rhodes for District Court Judge Letter/Comment Judicial Nomination Commission, c/o Lois Menzies Office of Court Administrator P.O. Box 203005 Helena, MT 59620-3005 To whom it may concern, I am writing in support of Tracy Labin Rhodes for District Court Judge. I have known Tracy for two years, and have worked with Tracy in a couple of different capacities. I first met Tracy as a fellow troop parent of a Boy Scout. Tracy is involved with the troop and has routinely taken on volunteer positions to help the troop. She has an ongoing volunteer responsibility with the troop in that she organizes and implements the bi-yearly awards banquets. When Tracy volunteers for a position, you can depend on her to manage the effort with success. The other capacity I have worked with Tracy is in the court system. I am a CASA on a case where Tracy represents the birth mother. Tracy's interactions with the members of the case are professional and appropriate. She advocates for the birth mother, ensuring that birth mom is treated fairly, that her rights are protected and that her wishes are represented. It's been a pleasure working with Tracy Labin Rhodes. Sincerely, Tammy Keck Tammy Keck | Realtor® MoveMont Properties 406-529-7936 (mobile) [email protected] www.MoveMont.com

APPELLATE DEFENDER DIVISION P.O. Box 200147 Helena, MT 59620 T: (406) 444-9505 F: (406) 442-6227 Toll Free: (888) 251-6101

We provide effective professional legal services with equal access to quality client-centered representation. publicdefender.mt.gov

June 28, 2019 Judicial Nomination Commission c/o Lois Menzies Office of Court Administrator P.O. Box 203005 Helena, MT 59620-3005 Dear Judicial Nomination Commission: I am pleased to write about my professional contact with Fourth Judicial District Court Judgeship candidate Tracy Labin Rhodes. Ms. Rhodes serves as an independent contractor for the Appellate Defender Division of the Office of Public Defender. She accepts case appointments helping parents who seek review in the Montana Supreme Court after their parental rights have been terminated. By rule, parental rights appeals take the highest priority in the Montana Supreme Court, so they are placed on an accelerated schedule. Ms. Rhodes accepts these appeals knowing about the strict time restraints and at a significantly reduced rate. In the face of these challenges, she has established herself as an expert in dependent and neglect law and the ever-important application of the Indian Child Welfare Act. She has the rare ability use her legal acumen and treat all the parties with the respect and dignity they deserve. Parents are lucky to have someone with her education, intellect and work ethic providing legal services during the most desperate time of their lives. The Appellate Division is lucky to tap into her diversity and experience. The Fourth Judicial District would be lucky to have her preside as a district court judge. Sincerely, Chad Wright Appellate Defender

June 28, 2019 To the Judicial Nomination Commission c/o Lois Menzies [email protected] It is with great pleasure that I endorse Tracy Labin Rhodes as District Court Judge for the Montana Fourth Judicial District. I have known Tracy for more than 30 years and can personally attest to her intelligence, thoughtful reflection and wonderful personality. We have been close over many stages in our lives, from college days, to travels, graduate studies, careers and family life. Through all of these years, Tracy Labin Rhodes has proven herself to be ethical, hard-working and a wonderful human being. She is a loving and dedicated mother to her four beautiful children. She juggles family life and career with a calm demeanor and a joyful sense of humor. She cares deeply about her clients’ rights and is a fierce advocate for them. She is a careful listener who is able to share brilliant insights in any conversation. Those who speak with her feel respected and fundamentally heard and seen. Tracy is warm and compassionate with all people she encounters, and is the model of integrity and professionalism in her work and the model of patience and love with her family. I have always admired her indomitable spirit, her tireless energy and her persistence to fight the good fight on behalf of her clients. I am proud to call this upstanding Montanan my long-time friend. You could not find a more suited or qualified candidate for District Court Judge than Tracy Labin Rhodes. Sincerely, Siobhan Carroll University of Notre Dame, Class of ‘91

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Cook, Kevin


________________________________________ From: Rhonda Swaney <[email protected]> Sent: Saturday, June 29, 2019 12:06 PM To: MT Supreme Court, Cc: [email protected] Subject: Judicial Nomination of Tracy Labin Rhodes for District Court Judge Judicial Nomination Commission, c/o Lois Menzies I am honored to recommend Tracy Labin Rhodes for District Court Judge in the Fourth Judicial District of Montana. I’ve personally known Tracy for over 15 years and find her to be a remarkable person, as well as a knowledgeable and talented attorney. The Confederated Salish and Kootenai Tribes hired Tracy several times over the years as a conflict judge. She performed those duties skillfully and proficiently. I am impressed by her ability to review complex case filings and make timely rulings, as well as to issue clear, concise orders. Tracy’s skills and abilities would serve the Fourth Judicial District more than commendably. Rhonda Swaney Managing Attorney Confederated Salish and Kootenai Tribes

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Cook, Kevin


From: Steph Lambert | Forty‐Four Rental and Design <[email protected]> Sent: Saturday, June 29, 2019 7:05 AM To: MT Supreme Court, Subject: District Court Judge ‐ Tracy Rhodes To Whom it May Concern, I am writing to you in support of Tracy Rhodes for the appointment of District Court Judge. I have known Tracy for 8 years and feel like she is a great candidate for the judge position. She is honest, kind and trusting. She has a wealth of experience and knowledge to support her position as District Judge. Thank you for considering my recommendation of Tracy Rhodes. Thanks, Steph Lambert Forty-Four Rental and Design (a DBA of Vintage 44, LLC) [e] [email protected] [w] www.44rentalanddesign.com [p] 406.544.6380

Judicial Nomination Commission c/o Lois Menzies Office of Court Administrator June 29, 2019 Re: Tracy L. Rhodes' Application For District Court Judgeship Fourth Judicial District, Missoula County To Whom it May Concern, It is my distinct pleasure to submit this letter of recommendation for Tracy L. Rhodes in support of the above referenced application. I have become well acquainted with Ms. Rhodes these past few years since her oldest son joined our Boy Scout Troop. I have been the Scoutmaster of our Troop for the past 36 years and one thing that I have learned is that the best scout recruit comes with parents anxious to become part of the program as well. Ms. Rhodes did not disappoint as she has made herself available to assist in service projects, troop operations and boy advancement. She has become a tremendous asset to our organization whether our need is for supervision on a project or filling the roll of a merit badge counselor. Ms. Rhodes has demonstrated dependability and the willingness to come prepared for the task at hand. She is very bright, very personable and possesses an unflappable nature that makes her a skillful educator and effective mentor for our young men. I strongly recommend Tracy L. Rhodes for the position of District Court Judge for the Fourth Judicial District. She would bring a strong work ethic, good moral character, integrity and stability to the bench. Ms. Rhodes' appointment to the bench would be a tremendous win for Missoula County. Respectfully Submitted, William M. Hoffman Scoutmaster, BSA Troop 1960 St. Anthony Parish 2150 Tipperary Way Missoula, MT 59808 406-880-2182

June 29, 2019

Judicial Nomination Commission, c/o Lois Menzies Office of Court Administrator [email protected] via email only

RE: Tracy Laben Rhodes Application to the Fourth Judicial District Judgeship Vacancy

Greetings,

Ms. Tracy Laben Rhodes asked me to write her a letter in support of her application to the

judicial vacancy of the Montana Fourth Judicial District, Missoula and Mineral Counties.

I am a certified Child Welfare Law Specialist (NACC) in private practice since 2015. My

firm specializes in foster parent representation, civil rights litigation, personal injury, and crime

victim representation. Formerly, I served as a substitute municipal court judge in Missoula City

Court 2015-2016, ran for Missoula County Justice of the Peace in 2014, and practiced as a

Deputy County Attorney from 2004-2015 after graduating from Montana Law.

I have been fortunate enough to work opposite Ms. Rhodes and in collaboration with Ms.

Rhodes on multiple cases in the last 18-months. Her intelligence and legal acumen are

exceptional. Her legal research in a cases opposite my firm was so good, we hired her as a

contract lawyer on a matter to assist with a case outside our usual practice. She executed an

exceptional job on the matter we needed her on and demonstrated an ability to research an

unusual legal topic and write persuasively to secure closure for our client.

Recently, my firm brought Ms. Rhodes into our firm as a contractor to assist some

overflow work when we lost a colleague unexpectedly for five-weeks. She has performed

admirably and demonstrated many strengths that demonstrate essential judicial acumen. Her

legal analysis and balanced approach to litigating complex civil litigation underscores her

abilities to be an effective judge. She understands the issues, located issues and cases other

lawyers missed, and has improved our practice.

Her recent successes in the Montana Supreme Court protecting the rights of parents

illustrates her ability to execute persuasive writing and follow the law. Her experience standing

next to parents staring down the government and her own experience detailed in her application

tells the commission she does not need any additional education about listening to all sides

before rendering a decision. Montana attorneys and citizens will be confident she will be

successful resolving disputes in accordance with controlling law.

The commission would do well to forward her name to Governor Bullock for

appointment to the judicial vacancy of the Montana Fourth Judicial District

Respectfully submitted,

___________________________________ Matthew B. Lowy Lowy Law, PLLC

CC: Tracy Laben Rhodes

June 30, 2019


c/o Lois Menzies


P.O. Box 203005

Helena, MT 59620-3005

[email protected]

Re: Tracy Labin Rhodes

Applicant for District Court Judge

Fourth Judicial District

Dear Commission Members:

I am extremely pleased to give Tracy Labin Rhodes my most enthusiastic endorsement to be

appointed District Court Judge in Missoula and Mineral Counties. I have known Tracy for

almost 25 years since we first met as students at Stanford Law School. I have followed her career

ever since with admiration and respect. Her professional experiences, personal background,

public service commitment, and prodigious work ethic make her ideal to serve Montana as a

District Court Judge. I urge you to appoint her.

In sixteen years on the faculty of the University of New Mexico School of Law, I have known

myriad state, tribal, and federal court judges – some former students of mine – at both the trial

and appellate levels. I can without exaggeration say that I have never encountered a judicial

candidate whose legal experience better prepares her for the severe challenges facing state court

district judges in western states. As the modern economy has become increasingly difficult for

poor and working people and as alcoholism and addiction have spread, our courts face the

challenges of protecting children and assisting families to navigate the devastating impacts.

Those impacts, of course, extend to the criminal docket and are especially challenging

substantively and jurisdictionally when they involve Native American parties. Tracy’s extensive

experience in the courtroom and on the appellate docket make her extraordinarily well-prepared

for the specific challenges she would face as a district court judge in Montana’s Fourth District.

Tracy’s personal background as a mother raising four children, her commitment and involvement

in the community, and her relationships with Native American people are precisely the sorts of

experiences that we want judges to have as they are deciding cases and encouraging parties to

resolve and heal the conflicts before them. Tracy’s public service commitment is similarly

unparalleled. From her first job out of law school, she has sacrificed financially and personally to

serve others because of her belief that that is what the best attorneys are called to do.

Finally, worthy of specific comment is Tracy’s incredible work ethic. Just reading her

application to the Commission, I am amazed at the size and scope of her professional,

community, and family accomplishments. I understand that the work load facing Montana

district courts is tremendous and you can be confident that, if appointed, she will be prepared to

carry even more than her fair share and to do so at the highest levels of quality and preparation.

Judicial Nomination Commission Page Two

June 30, 2019

Re: Tracy Labin Rhodes

As you can see, I think Tracy will make a great judge for the people of Montana. I would not

give her such a recommendation if I had not seen overwhelming evidence that she shares the

qualities of our greatest judges. I hope you will make the right choice.

Please feel free to contact me if I can provide further useful information.

Sincerely,

/s/ Kenneth Bobroff

Kenneth Bobroff

Visiting Professor

Pre-Law Summer Institute

American Indian Law Center, Inc.

c/o University of New Mexico School of Law

1117 Stanford NE

Albuquerque, NM 87106

[email protected]

505-459-4227


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Cook, Kevin

From: Menzies, LoisSent: Monday, July 1, 2019 1:31 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

From: Sanjay Talwani <[email protected]> Sent: Sunday, June 30, 2019 2:56 PM To: [email protected]; MT Supreme Court, Subject: Comment on Tracy Labin Rhodes for 4th Judicial Dist. To to the Judicial Nominating Commission: I urge you to nominate Tracy Labin Rhodes as a judge in the Fourth Judicial District. I have known Ms. Rhodes since her days in Washington, where she worked on some of the most dynamic areas of law in her decade with the Native American Rights Fund. In Montana, her breadth of experience is vast. She’s handled very complex matters at every step. She already has experience running fair and efficient courtrooms and mediations. In her years of work with many of the most vulnerable in our state, she never forgets the importance of a judiciary and rule of law that serves us all. She’s more than prepared to handle the most troublesome legal matters that come before the court, and to do it with the humanity, fairness, and professionalism she has shown in all aspects of her life, from representing her clients to her volunteer work. She’s demonstrated the ability to take on new areas of law very quickly. As a judge, Ms. Rhodes would treat all parties with respect. Her integrity and knoweldge of the law would be beyond question. She would be a great judge for the Fourth Judicial District and I hope you’ll pass her name to the governor. Sanjay Talwani Helena, MT

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Cook, Kevin

From: Menzies, LoisSent: Monday, July 1, 2019 1:31 PMTo: Cook, KevinSubject: Public Comment -- Rhodes

________________________________________ From: Christian Kenworthy <[email protected]> Sent: Saturday, June 29, 2019 10:19 PM To: MT Supreme Court, Subject: Tracy RHODES, letter of rec 4th district judge To Whom it May Concern This letter is in support for Tracy Rhodes for fourth judicial district judge. I have known Tracy and her family for several years. I know her as a caring and concerned mother with the ability to prioritize and make effective decisions. I believe she would make an excellent Judge for Missoula and urge you to forward her name to Governor Bullock for consideration. Sincerely Christian Kenworthy

T H U N D E R B I R D L AW, P L L C

June 30, 2019

Judicial Nomination Committee℅ Lois MenziesOffice of Court AdministratorPO Box 203005Helena, Montana 59620-3005Sent via Email: [email protected]

RE: TRACY LABIN RHODES

Dear Commissioners,

I have known Tracy as both a colleague and a friend for over 7 years. She is an excellent candidate dedicated to serving her community. It is with great pleasure that I write this letter to highlight and enumerate the many qualities that qualify Tracy Rhodes to serve as a judge in the Fourth District.

I would like to share a personal experience to support my position that she would be the best choice for the appointment. As you may know, Tracy has served as a substitute Justice of the Peace. Recently, I had the opportunity to stand before her professionally. It was the hour before and after, however, that made the greatest impression on me.

As I watched her patiently and practically move through the motions and appearances of the morning, I learned a lot about her. I had always known her as a first rate scholar, playful mother, and good friend. On the bench, I saw another and extraordinary side of her. She displayed the natural qualities of a good judge: calm authority, deliberate fairness, and intellectual humility. As an attorney, I greatly respect her. As a friend, I am honored to learn from her.

Few attorneys will make a great judge, or even a decent one. It takes charisma, humility, diligence, patience and intellectual autonomy, all character that Tracy possesses. She has the dedication and temperament befitting a judge that will serve to do right of those before her. I hope you appoint Tracy Rhodes as a District Court Judge.

Sincerely,

Elizabeth E. Weaver, Attorney at Law

5646 W. Harrier, Suite C, Missoula, Montana 59808

[email protected]


JKSutton Law, P.C. PO Box 9297 Missoula, MT 59807

406.274.6680/jksuttonlaw@gmail

June 28, 2019

Lois Menzies Judicial Nomination Commission Office of Court Administrator P.O. Box 203005 Helena, MT 59620

Re: Fourth Judicial District Court Application of Tracy Labin Rhodes

To Whom It May Concern:

I have known Tracy Rhodes since 2008, when I was a law student at the University of Montana. I took a summer intern position at the Federal Defender’s Office under the supervision of her then husband, John Rhodes. I quickly became friends with their family and visited John and Tracy and their four children at their home up Grant Creek, Montana.

While Tracy was not my supervisor in a legal capacity, I have been in the position to observe Tracy’s character in a variety of circumstances over the past eleven years. What I have observed is an individual who can handle challenging situations with grace and integrity. Specifically, I recall seeing Tracy manage her four children who, at the time were all under the age of seven, while maintaining an ability to conduct thorough research and come to thoughtful and sound legal decisions as a tribal court judge. I have also reviewed some of her State of Montana appellate briefs regarding unique issues in dependent and neglect cases. I found her arguments to be creative, articulate, and academically sound.

Most importantly, however, I have witnessed Tracy balance an increasingly heavy load of raising four children, living in a rural area, and maintaining her own law practice. I trust her judgment implicitly, not only with legal issues, but with life. As a practicing criminal defense attorney for over ten years, I have learned that one of the most important characteristics of a judge is a person with sound judgment – not just with legal issues, but with those in life. When I present an argument before a judge, my biggest concern is not whether or not they will be able to come to the legal conclusion I desire, but whether or not my client’s argument will be heard, and his or her position respected, even if the judge does not rule in their favor. Tracy Rhodes certainly has the education and experience to be a good judge, but she also possesses the ability to listen to litigants, allow them to feel heard, and treat them with respect. I feel she could do so even while balancing a heavy case load, as she has shown in her life that she can balance a lot of challenges with grace.

Thank you in advance for considering my thoughts on Tracy Rhodes as a potential judicial appointment.

Sincerely,

Johnna K. Sutton

JKSutton Law, P.C. PO Box 9297 Missoula, MT 59807

406.274.6680/jksuttonlaw@gmail

Betsy Brandborg 3730 Eagle Bay Drive Helena, MT 59602

h: (406) 475-3535 w: (406) 442-2205

June 28, 2019 The Judicial Nomination Commission Attn: Lois Menzies P.O. Box 203005 Helena, MT 59620-3005 Re: Tracy Rhodes Dear Commissioners: Tracy has asked that I write to share her conversations with me concerning her representation of a client and a disconcerting event with a CASA volunteer in January 2019. The CASA included in her written report that Tracy’s client had told the CASA that Tracy had told the client to lie. The CASA’s report was forwarded to this Commission, when Tracy’s application for an earlier judicial district court position was under consideration. I can confirm that Tracy and I spoke several times as the situation with her client developed. While we did not connect when she called initially, we spoke several times about the challenges presented when she learned that the CASA was repeating the client’s untruthful statement. I can confirm that in each of our conversations, Tracy’s concern was to protect her client’s confidences ahead of Tracy’s own interests. Our conversations addressed the exceptions to Rule 1.6 of the Rules of Professional Conduct on confidentiality, Rule 1.6’s interaction with attorney-client privilege, and the extent (if any) to which Tracy could disclose confidential client information. In each of our conversations, it was clear that Tracy was making every effort to be circumspect, respectful and protect her client, as well as respecting her obligations of Candor to the Tribunal, Rule 3.3. I have no reason to question Tracy’s ethics or honesty, and believe her instincts in handling this situation were sound.

In the event Commissioners have questions about this incident, please contact me. Sincerely, Betsy Brandborg


FROM: Lois Menzies

DATE: July 5, 2019


Grant Parker, a Missoula attorney, called to express support for Tracy Labin Rhodes. Mr. Parker said that Ms. Rhodes’ experience makes her well qualified for the judicial position. He urged the Commission to nominate her.

Cook, Kevin - courts.mt.gov

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Transcript of Cook, Kevin - courts.mt.gov