Newspaper publisher 'knew it was wrong,' used the law to be her own attorney and won her case

Darla Downs of the Northern Plains Independent in Wolf
Point, Montana. (Photo by Darrell Ehrlick, Daily Montanan)

Follow the law. Seems pretty straightforward, but in many cases, systems need astute citizens to get that job done. Darla Downs, owner and publisher of Montana's Northern Plains Independent, is a determined journalist who "took on the election of now-former Roosevelt County Attorney Frank Piocos. She couldn’t afford an attorney, so she filed a lawsuit pro se," reports Darrell Ehrlick of the Daily Montanan. "After both parties presented their cases, Judge Katherine Bidegaray ruled that Piocos was not a resident of the county when he ran for election in 2022, and therefore, he was ineligible for the office. She also ordered a new special election."

“This was outside my normal wheelhouse," Downs told Ehrlick. "I knew the law was on my side, and I had the help of plenty of county residents who were on my side. I believe in watchdog journalism, and people knew it was wrong and wanted me to do something.”

Ehrlick explains the conflict: "Piocos had previously been an assistant county attorney, which is not elected. Bidegaray’s decision said under the law, a qualified elector meant a person who has residence in a particular county. Residency is determined largely by where the person lives. . . . . Piocos had even rented office space in the county, but the judge said renting space is not the same as establishing residency, and therefore Piocos was not qualified to run for office in 2022. . . . . Piocos defended his win by claiming that Downs had not challenged his election properly. . . . the judge did not find that point persuasive."

Roosevelt County will now plan its special election, but meanwhile, "Roosevelt County Commission Chairman Gordon Oelkers said he’s been surprised at the number of people coming forward to either help in the interim, or consider running." Oelkers told Ehrlick, "There are not a lot of lawyers up here in this corner of the state. But I’m pleasantly surprised by the number who are willing to help provide guidance and move us in a positive direction."

Ehrlick noted that Downs presented and won her case as her own attorney. Downs told Ehrlick, "I wasn’t not surprised. I was relieved."

The Northern Plains Independent's main office is in Wolf Point, Montana, pop., 2,500. The paper reaches Roosevelt, Daniels, Mc-Cone, Valley, Sheridan or Richland counties.