Jerry O'Neil
Non-Partisan | Montana
Candidate Profile
BIOGRAPHY
Name
Jerry O'Neil
Party
Non-Partisan
Election Year
2024
Election
Primary
Race
Supreme Court Justice, Seat 3
Incumbent
No
Links
EDUCATION
Candidate did not provide
WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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Race
SCORECARDS
CONSERVATIVE ORGANIZATIONS
2015
100%
2018
100%
2015-2016
100%
2015
|100%
2018
|100%
2015-2016
|100%
LIBERAL ORGANIZATIONS
2013
|0%
2011
|0%
OTHER INFORMATION
Jerry O’Neil (R) is running for election to the Montana Supreme Court, Seat 3, against Judge Katherine M. Bidegaray and Dan Wilson.
- From 2011-2015 O’Neil was a member of the Montana Representative (District 3)
- He filed for re-election in 2014, but was defeated by Zac Perry and in 2018 but was also defeated.
- From 2000-2008 he served as in the Montana Senate
- "Practiced" law before the Blackfeet Tribal Court.
- he is not a member of any Bar Association and has not attended law school.
- he is not a member of any Bar Association and has not attended law school.
Education:
- O'Neil did not attend law school and is not a licensed attorney.
Misc.
- The Montana Supreme Court found that O’Neil had “engaged in the unlawful practice of law” (see: Montana Supreme Ct. Comm'n on Unauthorized Prac. of L. v. O'Neil, 2006 MT 284, 334 Mont. 311, 147 P.3d 200). The federal district court in Missoula later affirmed the Montana Supreme Court’s decision.
-
O'Neil
is "presently engaged in a lawsuit against the state Supreme Court and the bar association arguing that the Montana Constitution’s requirement that a judge be ‘admitted to the practice of law in Montana for at least five years’ is itself unconstitutional. (see: Jerry O'Neil, et al., v. The Integrated Bar or Montana, AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF)
- O’Neil stated, “My goal in life is to break the monopoly of the bar association[.]” “I don’t think that one fraternity should run one of the three branches of government. I don’t think everybody has to learn law the same way.”
- “O’Neil has long claimed that state law on the authorized practice of law was 'unconstitutionally vague' and that it restricts economic freedom by giving the state bar association a monopoly.”
Controversial Issues:
- Guns & Schools
- O’Neil introduced HB 384 in 2013 which would allow students to keep guns locked in their car on school property. He said the bill would "allows a student in rural Montana to bring a gun to school locked in their car, and perhaps hunt on the way to school or the way home from school."
- The bill did not passed
- The Gold Standard
- O’Neil “wrote a letter to the state Legislature asking to be paid his public salary in gold and stating: ‘It is very likely the bottom will fall out from under the U.S. dollar. Only so many dollars can be printed before they have no value.’”
- O’Neil stated, “I believe that if you take a look at the Constitution, that’s what it says,” he told POLITICO. “I think we’ve gotten a tremendously long way from it.”
- Congress
- Posted to Facebook December 12, 2021 “We the People need to strip the pensions away from Congress. As long as they can get a life long pension of $110,00- $174,000 a year they don’t care if they get fired. Time to set term limits of 2 and only a 6 month pension of 25% of their present pay level at removal. Then they need to find a job like their bosses, WE THE PEOPLE do.”
- Supported Trumps effort to reduce prescription drug prices. Posted to Facebook “This is actually a really big deal for Americans!!!!” including a link to article “Trump announces plan to lower ‘unfair’ prescription drug prices”
- Illegal immigration
- Posted to Facebook October 25, 2018 a photo depicting the words “If theres even one homeless child in america we have no room for illegal aliens”
- Posted to Facebook October 25, 2018 a photo depicting the words “If theres even one homeless child in america we have no room for illegal aliens”
Judicial Philosophy:
- During his run for House Ditrict 7 O’Neil posted to Facebook May 29, 2020:
- "Jerry O’Neil defends ALL life!
- Is for Smaller Government!
- Believes in the 2nd Amendment!
- Puts Family ahead of all else!
- Promotes Public Lands Access!
- Reads the bills!"
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.
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I support a right to accelerate ending a human life.
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Human life deserves legal protection from conception until natural death.
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RELIGIOUS LIBERTY
Religious liberty is at risk in the United States.
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VALUES
Briefly describe your spiritual beliefs and values.
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What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?
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I support "gender identity" as a specially protected class. Please explain.
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What do you believe to be true about the human condition?
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EQUALITY
I agree with Critical Race Theory (CRT).
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ABOUT YOU
What, if any, church or organizations do you belong to?
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I voted in these primaries and general elections:
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Have you ever been convicted of a felony? If so, please explain.
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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else? Please explain.
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JUDICIAL PHILOSOPHY
Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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Is there a separation of church and state in the Constitution? Please explain.
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Should courts address threats to religious liberty in the United States? If so, how?
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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.
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Was Bostock v. Clayton County rightly decided under the law? Please explain.
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I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).
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What should a judge do when legislative texts and court precedents dictate different results?
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When should a judge overturn past court decisions?
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When, if ever, should a judge take popular opinion or the social views of the majority into consideration?
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Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?
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What do you believe is the single most important quality a judge should possess?
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If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?
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2ND AMENDMENT
The right to bear arms is fundamental and must be protected.
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OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
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How should the court address public health and individual freedoms in the time of a public health emergency?
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