Fight continues between the prosecutor’s office and district court

Mel Anderson | Statesman-Examiner
By: 
Mel Anderson
S-E Staff Reporter

Lincoln County Superior Court Judge John F. Strohmaier heard the writ of mandamus arguments between Stevens County District and Superior Courts last week.
A writ of mandamus is an order from a court that orders an inferior court or government official to fulfill their official duties.

The Steven’s County Prosecutor’s Office, through deputy prosecutor Will Furgeson, filed a petition for a writ of mandamus against District Court Judge Gina Tveit asking for Tveit to be ordered to file superior court rulings in district court cases.

The mandamus was granted ex parte on February 8, just a day after the request was filed, pending further argument.

The mandamus was granted on an emergency basis without Strohmaier hearing both sides of the argument. Ex Parte orders happen in cases where there is real danger in waiting for a judge to hear both sides of a court case. This is typical in cases of harassment or domestic abuse. In those cases, like this case between district and superior court, the judge signs an order after hearing only one side of the argument. The order then schedules a hearing where both parties can be present before the judge.

Read the story in the March 7, 2018 S-E, available in stores and online here.

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