April 2019 – Helenawinds

Missoula Judge Robert L. “Dusty” Deschamps, The Use Of Religious References In Judicial Decision-Making

Judge Dusty Deschamps has described himself as a devout Roman Catholic. As a devout Roman Catholic, Judge Deschamps follows the tenets and creeds of the Roman Catholic Church. In a recent sentencing hearing for Autumn Heinz, Judge Deschamps sentenced Ms Heinz to a 20 year commitment with the Department of Corrections and restitution in the amount of $461,000.00. He also made the following comments in a written decision: “You seem to be on the right track, and I don’t see any point in locking you up just to punish you . You’re going to have to carry this cross the rest of your life.”

Comments like these betray a belief about the origin of suffering. While it may allow Judge Deschamps to make religious sense of pain, it is in the end a devastating lie against the very identity of God. St. John Paul II, in his encyclical Salvifici Doloris, clearly reaffirmed the Church’s constant teaching that suffering is always an evil. Let that sink in for a minute. Suffering is ALWAYS an evil. It does not have its origin in God. God, in His mercy, works all things to good, including evil (Romans 8:28). In his written decision, Judge Dusty Deschamps, through his use of religious references in his judicial decision-making and through his proclaimed catholicism, sentenced Ms Heinz to a life time of suffering, hence evil. Judge Deschamps won’t sentence her to prison but rather he sentences her to his own religious belief.

Where it’s not necessarily wrong to refer to some problem we are having as a “cross” we must bear, in Jesus’ day, a cross was a symbol of suffering. According to St. John Paul II suffering is always evil.

But Jesus meant something far deeper than this when He told His disciples to carry their cross. He said to them, “If anyone would come after me, he must deny himself and take up his cross daily and follow me” (Luke 9:23). In Jesus’ day, a cross wasn’t just a symbol of pain and suffering; it was mainly a symbol of death. What Jesus was telling them is that they needed to put to death their own plans and desires, and then turn their lives over to Him and do His will every day.

Judge Deschamps is actually sentencing Ms Heinz, in accordance with his own religious belief, that she needs to carry her cross, turn her life over to Jesus and do His will every day. If Ms Heinz had been Jewish, Muslim or Buddhist would he have injected his intolerant religious beliefs? Would he tell the Jewish person, the Muslim or the Buddhist to pick up the cross of Christ? He can’t discriminate judicially based on religion, so my answer would be, yes, he would tell the non-christian to pick up the cross of Christ.

Missoula prides itself on its’ inclusiveness, tolerance and acceptance of all. Judge Robert L. “Dusty” Deschamps does not embrace the ideals of Missoula. The use of religious references in judicial decision-making jeopardizes the integrity of the criminal justice system and, if not proscribed, encourages further use of the Bible by judges and other officers of the court.

Does Missoula really need the intolerant judicial decisions of Judge Deschamps? If Missoula really believes in tolerance, inclusion and acceptance of all, Missoula needs to rid itself of this intolerant religious judge.

The Lost and Unwanted Souls…Victims of Montana Corrections.

The Montana Department of Corrections and the Montana Board of Pardons and Parole have collaborated to incarcerate mentally ill offenders at Montana State Prisons for indeterminate amounts of time for management purposes only. These incarcerations are for long term mental health needs management, not based on judicial orders and no one accepts jurisdiction over these lost and unwanted souls. These incarcerations are for management purposes only. This collaboration is an illegal agreement under the Administrative Rules of Montana.

To fully understand what is happening to our mentally ill citizens one must be aware of three separate documents, when put together reveal a tragic consequence of long term incarceration to “manage” mental illness and no one is accepting jurisdiction for placement upon being paroled or released. With no placement there is no parole or release.

1)  Administrative Rules of Montana (ARM) Rule 20.1.101 states the Board of Pardons and Parole is responsible for the oversight of Montana's inmate parole and furlough programs.  The Montana Board of Pardons and Parole adopts administrative rules separately from the Department of Corrections.
2)  Montana Department of Corrections P&P Procedure No. 4.1.100 Secure Placement - A management decision to place an offender at a secure facility for long term mental health needs and/or treatment.
Montana Department of Corrections determines secure facilities as  Montana State Prison (MSP), Montana Women’s Prison (MWP), Great Falls Regional Prison, Dawson County Correctional Facility, and Crossroads Correctional Center. The mentally ill offender is now an inmate at a state prison and under ARM Rule 20.1.101 the Montana Board of Pardons and Parole has jurisdiction over inmate parole.
3)  Memorandum of Understanding Between Montana Department of Corrections and Montana Board of Pardons and Parole (MOU)  The parties agree that the Board of Pardons and Parole has jurisdiction over DOC Commitments that the DOC has placed in prison under a Secure Placement Request except DOC commitments that the DOC has placed in prison for mental health treatments for the period necessary to meet the DOC Commit's mental health care needs.  This agreement was signed by BOPP Chairperson Annette Carter and Montana Department of Corrections Reginald Michael.

Administrative Rules of Montana (ARM) state that the Montana Board of Pardons and Parole (BOPP) is responsible for all inmate parole and furlough. The Montana Department of Corrections places mentally ill people in prison, not under judicial orders but for management purposes only. Once a mentally ill person is placed in prison they become an inmate under the Administrative Rules of Montana. BOPP says we will accept jurisdiction over all inmates except those inmates that are placed in prison for management of mental illness. BOPP says leave your mentally ill commitments for as long as is necessary but we are not taking jurisdiction. Montana Department of Corrections leaves the mentally ill person in prison for as long as necessary to treat the inmates long term mental health needs. Long term is long term. There is no parole or release available because BOPP won’t take jurisdiction.

Montana Department of Corrections has placed these lost, unwanted souls in prison because DOC can’t or won’t manage their mental illness. BOPP says fine, leave them in prison for whatever amount of time you want. We aren’t responsible for them and we aren’t finding placement, treatment or parole. Montana Administrative Rules says if a person is an inmate BOPP has jurisdiction and is responsible for placement and parole. BOPP says, not happening.

Administrative Rules of Montana was established for a good and decent society. The Montana Department of Corrections and the Montana Board of Pardons and Parole entered into an agreement not consistent with the Administrative Rules of Montana and not consistent with a good and decent society. Manage our mentally ill citizens by long term incarceration, not for judicial reasons but for management reasons. Make an agreement where no one has jurisdiction for placement, treatment, parole and release. Without placement and treatment there is no parole or release.

Under the rules of Montana, The Montana Board of Pardons and Parole has jurisdiction of these lost and unwanted souls. The Montana Board of Pardons and Parole is refusing to meet their obligation to the State of Montana. But then, what decent and good society wants these lost and unwanted souls anyway.

Montana Board of Pardons and Parole Annette Carter and The Montana Department of Corrections Reginald Michael…do your jobs as set forth by the Administrative Rules of Montana or get out so we can find someone who will do the job.

Montana Department of Justice. Attorney General Tim Fox’s 5 Million Dollar IT Consultants With Ties To Iranian Money Laundering and E-mail Hacks

The mission of the Department of Justice is protecting and promoting public safety and the rule of law. DOJ has nearly 800 people in eight divisions. According to Governor Steve Bullock’s Executive Budget, fiscal years 2018-2019, IT is critical to every aspect of the Department of Justice mission. The IT mission is to deliver, maintain, and protect IT solutions, collaboratively with customers, which are cost-effective, timely, innovative, integrated, and secure and meet or exceed customer needs. The majority of DOJ IT systems contain very sensitive information, support continuous law enforcement operations, and interface with the FBI, and therefore they have very stringent security and uptime requirements.

In fiscal years 2016 through 2018, The Department of Justice, under Attorney General Tim Fox, spent $5,000,000.00 for Information Technology Consulting.  25% of this $5,000,000.00 was paid to a consulting firm  Deloitte Touche Tohmatsu Limited commonly referred to as Deloitte.  Deloitte has quite a checkered reputation.  Let's take a look at how Deloitte protects and promotes public safety and the rule of law, as declared to be the mission of the Montana Department of Justice

Deloitte operates across the world in more than 100 locations including Hong Kong, China and India. In the late 1990’s, Deloitte commenced operations in India. In India, ICAI regulations do not permit foreign firms to carry out audits in India. Hence Deloitte carries out audits in India under the name of C.C.Chokshi & Co., an existing auditing firm that it arranged an agreement with. After India was forced to liberalise under one of the conditions of the world bank and IMF sponsored bail out, Deloitte was granted a license to operate in India. It subsequently purchased C.C.Chokshi & Co and now conducts audits in India under the name of this firm.

In August 2012, Deloitte, as the official internal auditors for Standard Chartered, helped the bank cover up money laundering operations related to Iran which were earning the bank significant profits by “intentionally omitting critical information”. Deloitte paid the state of New York a $10 million settlement, was required not to take on new business for one year from designated New York banks, and was required to implement reforms in order to prevent similar problems in the future.

In September 2017, Deloitte suffered a cyber attack that breached the confidentiality of its clients and 244,000 staff, allowing the attackers to access “usernames, passwords, IP addresses, architectural diagrams for businesses and health information”. Reportedly, Deloitte had stored the affected data in Microsoft’s Azure cloud hosting service, without two-step verification. The attackers were thought to possibly have had access from as early as October 2016. The breach affected all of Deloitte’s email and administrative user accounts. As of October 2017, the New York attorney general’s office was investigating the hack. The New York Attorney General is investigating the hack, not the Montana Attorney General, a probable victim of the attack.

The mission of the Montana Department of Justice is to protect and promote public safety and the rule of law. Deloitte, an Information Technology Consulting firm, has ties to a bank that laundered money to Iran, paid a $10 million dollar settlement and was restrained from doing business in New York. This while being paid $1,272,000.00 from the Montana Department of Justice.

The mission of the Montana Department of Justice is to protect and promote public safety and the rule of law. This is their mission while paying over 1 million dollars to Deloitte after Deloitte was hacked because they negligently stored sensitive information using a cloud hosting service. Information Technology is critical to every aspect of the Department of Justice mission. The New York Attorney General investigates, not the Montana Attorney General who was a probable victim of the attack. The Montana Department of Justice has information on almost every Montanan, whether it be a driver’s license, vehicle plates, fingerprints for background checks, driver-history records, vehicle titling and criminal justice records. All this information was comprised by the IT firm hired by Attorney General Tim Fox. Did you know? The breach affected all of Deloitte’s email and administrative user accounts.

The Montana Department of Justice, under the leadership of Attorney General Tim Fox, is making a mockery of justice. Iranian money laundering, fraudulent companies in India, Information Technology standards that don’t conform to industry standards. The probable release of sensitive information of almost every adult in Montana. Did you know? Now you do. Your tax money is paying for this mockery of justice.