The Montana Judicial Standards Commission has dismissed a citizen complaint against Whitefish Municipal Judge Bradley Johnson involving a verbal dispute last summer at the Columbia Falls Post Office.

Cynthia Howell had accused the judge of unethical conduct and "ballistic" behavior after she tailed him to the Post Office on July 9, 2010, and accused him of speeding through downtown. After Johnson reported the incident to the Columbia Falls Police Department, Howell was cited with disorderly conduct, but that citation later was dismissed.

Missoula District Judge Ed McLean, chairman of the Judicial Standards Commission, issued a letter on July 21 to Johnson and Howell, noting the commission had appointed an investigator to talk to potential witnesses regarding Howell's allegations against the judge.

"It appears to this commission that both parties acted immaturely, at best, in addressing this situation," McLean stated. "However, that being said, the commission can see no benefit to anyone, including the citizens of Montana, from pursuing this complaint any further as there does not appear to be any action on the part of the judge that would warrant further disciplinary action by this commission."

In November 2010, Johnson asked the state commission for a full and "meaningful" hearing on the merits of Howell's complaint and waived his right to confidentiality. He also asked for the hearing in a timely manner, noting a delay would prejudice his ability "to function as a credible judge."

Now Johnson is taking exception to the wording of McLean's letter and told the commission he wants to file an objection to the commission's characterization that he acted "immaturely, at best."

"I was the person who interjected rationality into an uncertain situation, immediately went to the Columbia Falls police to report the encounter, reduced my observation to a written statement at their request for inclusion in an existing file, and promptly requested that the Judicial Standards Commission provide me with a speedy due process hearing in order to resolve factual conflicts," Johnson wrote to the commission.

Polson attorney James Manley was appointed in May to investigate the complaint, but contacted Johnson only the day before his report was due to the commission, Johnson said. Johnson asked that his email correspondence be included in Manley's report but later learned his emails - "the only direct communiqués with the fact finders" - had not been included for consideration.

Johnson said he prepared full answers to each of Manley's direct questions and faxed the materials to the commission.

Given the commission's characterization of Johnson and Howell as "immature," Johnson wonders how that characterization came about.

"What source of secondhand information would supersede my perspective and be a reliable basis upon which to make an official characterization about either party's ‘immature' conduct?" Johnson asked.

Howell, who recently moved to Florida, said she also is miffed at the outcome.

She stands by her story that Johnson "shoved his arm" into the interior of her car and that she believed he was going to strike her. She claims Johnson told her he was a judge and ordered her to stop the car. Johnson denies that version, and said he directed her to pull over but never reached inside her vehicle, though he did tap on her window and motion her to pull toward the curb.

Howell does not have a criminal record, Columbia Falls Police Chief Dave Perry said.

"We had dealings with her in which she was the complainant," Perry said. "One time she complained about dogs and one time she complained about garbage."

Despite Johnson's waiver of confidentiality in the case, the Judicial Standards Commission refused to give the Daily Inter Lake a copy of the investigative report. Commission Executive Secretary Shauna Ryan said that because a formal complaint was never filed with the Montana Supreme Court, "the matter remains confidential."

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.