Ex-Montana lawmaker in court fracas claims he's in charge
'I announced the case dismissed,' says Joel Boniek, charged with resisting arrest
The Associated Press
Posted: Nov 21, 2012 11:15 AM ET
Last Updated: Nov 21, 2012 1:19 PM ET
The Montana capitol served as the workplace for Joel Boniek from 2009-10, when he was a Republican representative in the Livingston area. Boniek was arrested in July on charges of obstructing a peace officer, resisting arrest and fleeing from or eluding a peace officer.
(Eliza Wiley/Independent Record/Associated Press)
A Montana judge walked out of a court hearing after being heckled by a rowdy crowd, leaving the conservative former state legislator who instigated it all to declare he was in charge of the courtroom and proclaim the case against him dismissed.
Former Republican representative Joel Boniek, 51, appeared in Park County's Justice Court in Livingston on Monday for what should have been a simple scheduling hearing before justice of the peace Linda Budeski and deputy county attorney Kathleen Carrick.
Instead, Boniek walked into the hearing followed by supporters and questioned the prosecutor's authority in the case.
Boniek was arrested in July on charges of obstructing a peace officer, resisting arrest and fleeing from or eluding a peace officer. He has pleaded not guilty. Prosecutors said he failed to stop at an emergency roadblock set up near his home in the Paradise Valley during a wildfire.
According to the Livingston Enterprise, Boniek questioned whether the county employees had the proper credentials to handle his case, and he tried to stifle Carrick from addressing the judge.
"Your honour, why is this woman even speaking if she can't prove she's [a public official]?" Boniek asked.
The proceedings further devolved when a Boniek supporter became vocal. When Budeski told the supporter he was out of order, the man replied with an expletive and said, "You're out of order."
Others in the crowd joined in, and Budeski suddenly announced that court was adjourned and left. Many people refused law enforcement officers' demands to leave the courtroom.
Proceedings unravel after judge adjourns court
"The judge has left the room; I'm in charge now," Boniek said.
"No, you're not," an officer responded.
Officers questioned Boniek about a lump under his jacket and asked if they could check to see if it was a firearm. Boniek declined.
Boniek said his case is over in light of Monday's events.
"The judge abandoned the courtroom, and I announced the case dismissed as the last man standing in the courtroom," he said.
But the justice of the peace said the case is still on, just delayed.
Outside the City County Complex, Boniek said his objections are rooted in his interpretation of state law that county officials are required to be bonded and have proof of taking an oath.
Carrick said county officials are insured, which serves the same purpose as a bond. She also refuted Boniek's other contentions, saying Park County follows state law and fulfils the requirements specified in Montana's legal code.
Boniek represented House District 61, in the Livingston area, in 2009-10. He also was the running mate to political newcomer Bob Fanning in a losing bid for the Republican gubernatorial nomination in Montana.
Share Tools
Top News Headlines
- Dellen Millard's farm near location of unknown remains
- Police searching the farm of Dellen Millard, the 27-year-old charged with first-degree murder after the remains of Ancaster, Ont., man Tim Bosma were discovered, have found other remains near the property, but it's unclear if they are human or animal. more »
- Can the Senate fire a senator?
- An expert on parliamentary rules says the Senate has the power to turf a senator from the chamber, as long as a majority approves the expulsion, and as long as there is cause. more »
- Nahlah Ayed: Vote-wary Iranians mull Ahmadinejad's successor
- Iranians go to the polls in less than four weeks to choose a new president. The reform movement is still smarting from its bitter defeat four years ago, but the jockeying for power is no less intense, Nahlah Ayed reports. more »
- Harper chief of staff resigns amid Senate expense scandal
- Nigel Wright has resigned as Prime Minister Stephen Harper's chief of staff, following revelations he wrote a $90,000 cheque to repay living expenses claimed by Senator Mike Duffy. more »
Must Watch
Latest World News Headlines
- Hot air balloon crash in Turkey kills 2, injures 23
- A hot air balloon collided with another balloon mid-air during a sightseeing tour of volcanic rock formations in Turkey and crashed to the ground on Monday, killing two Brazilian tourists and injuring 23 other people on board, officials say. more »
- Yahoo buys Tumblr blogging site for $1.1B
- Yahoo is buying online blogging forum Tumblr for $1.1 billion as CEO Marissa Mayer tries to rejuvenate an internet icon that had fallen behind the times. more »
- South Korea says North Korea fires 6th projectile into waters
- North Korea fired short-range projectiles into its own eastern waters today for a third straight day, Seoul officials said. The North said it was bolstering deterrence against enemy attack. more »
- Iraq attacks kill at least 70 in Shia, Sunni areas
- Iraqi officials say a car bomb in another Shia neighbourhood in Baghdad has killed 13 people, pushing today's death toll from a deadly wave of bombings and shooting attacks across Iraq to 70. more »
- Tornado outbreak hits 3 states
- Tornadoes touch down in three states in the U.S., killing one person in Oklahoma and injuring at least 21. more »
The National
The Current
- Why thousands of people want a one-way trip to Mars May. 20, 2013 8:54 AM Nearly 80,000 people are eager to blast off on a one-way colonizing mission to Mars - but some experts believe no one is likely to get off the ground.
- Remains found on murder suspect Millard's Ontario farm
- Petition looks to rename Victoria Day
- Vancouver man attacked, killed in Costa Rica
- Jeep driver apologizes after stunt kills Edmonton woman
- Missing Toronto woman's parents unfazed by Millard link
- Central Newfoundland digs out from freak snowfall
- Rob Ford should resign if allegations true, councillors say
- Harper chief of staff resigns amid Senate expense scandal
- Canadian on EI shut out amid foreign worker influx

