Lincoln County District Judge James Wheelis told Montana Attorney General Tim Fox and 11 prosecutors and law enforcement officials that he will penalize them if they contact him again about the state’s 24/7 Sobriety Program outside of a courtroom.

Wheelis issued his warning last month after receiving a letter signed by Fox and the other officials promoting the program. In an order filed with the Montana Supreme Court, Wheelis said he will find them in contempt of court if they contact him again without following the proper laws and procedures.

The state’s DUI program became an issue with the Libby judge in February after he ruled that the program’s fees amounted to an unconstitutional pretrial punishment for participants. His ruling was made in a lawsuit filed by a Libby man who had paid $452 in 24/7 program fees over nearly four months and was charged with contempt of court for missing or being late for three tests.

Fox is appealing Wheelis’ ruling to the Montana Supreme Court. His spokesman, John Barnes, told The Associated Press on Aug. 13 that his office was puzzled by Wheelis’ warning, since the letter promoting the 24/7 Sobriety Program went to every judge, sheriff and prosecutor in Montana and did not mention Wheelis’ ruling on the program’s constitutionality.

“We will continue to work with local law enforcement agencies to expand the 24/7 Sobriety Program, which is a proven, effective tool for combating drunk driving,” Barnes said in an e-mail.

Under the 24/7 program, a judge can order people charged with a second or subsequent drunken driving offense to pay for twice-daily breath tests or an alcohol-monitoring bracelet as a condition of pretrial release. The law took effect in 2011. The law allows county sheriffs to choose whether to participate.

The June 27 letter signed by Fox, Montana Highway Patrol Col. Tom Butler and county attorneys and law enforcement officials from eight counties said the 24/7 program’s simplicity and consequences for people who don’t comply with its terms “drives better behavior and outcomes.”

Wheelis responded in his warning that he made his ruling based on the constitutionality of the 24/7 law. He said it was irrelevant whether the law was working well and that it is improper to contact a sitting judge about an issue ex parte, meaning without involving the other parties in the case. He also said he will follow the Montana Supreme Court’s decision if it reverses his ruling on the program’s constitutionality.