DUI Judge Charged With DUI

Montana judge on DUI task force charged with DUI

The Bozeman Daily Chronicle  -  April 10, 2011

HELENA (AP) - A Montana justice of the peace set to preside over a DUI court later this year has been charged with driving under the influence of drugs after authorities said he stumbled sweating and disoriented into a police station. The misdemeanor charge filed Thursday against Robert E. Lee is the latest in a string of DUI incidents involving high-profile officials as Montana lawmakers consider stricter laws aimed at changing attitudes of acceptance toward driving under the influence. Lee, 66, is charged with driving while under the influence of methadone, a synthetic narcotic used to relieve pain or prevent withdrawal symptoms from drug addiction. He denied the charges Friday in a phone interview with The Associated Press, but declined to speak about the allegations in detail. "I'm not on any drugs," he said. "There are several discrepancies in the complaint, and I'm sure when we get into court they'll be clarified." On the morning of the arrest Nov. 13, police officers found Lee knocking on their lobby window and asking to be let in the nearby Butte-Silver Bow County Courthouse to officiate a wedding, according to an affidavit. Lee was sweating profusely, appeared disoriented, had difficulty keeping his balance and gave confused answers to the officers' questions, the affidavit said. Officers asked Lee if he was taking any medications, which he initially denied. He said later he had taken Lorazepam, an anti-anxiety medication that he takes when he flies, the affidavit said. Lee performed poorly on a field sobriety test, police said. A blood test confirmed the presence of methadone. Officers searched Lee's vehicle and found a methadone tablet. At his house, officers were shown an empty bottle of methadone. The 60-tablet prescription had been filled nine days earlier. They also found a bottle of Lorazepa. Lee's wife told investigators that he had taken three tablets before he left the house and that Lee was taking Lorazepam to get off methadone. Lee "was taking too many pills and he has a problem," his wife told police, according to the affidavit. Lee said Friday that was "a mistaken statement by my wife" and that he doesn't take drugs. Lee is a retired Butte police officer and a member of the Butte-Silver Bow County DUI Task Force, which brings together law enforcement, courts, community leaders and businesses to strategize how to reduce drunken driving in the region. He is also credited with starting a program in his county that uses an alcohol-sensing ankle bracelet that tests a person's sweat. He is scheduled to rotate in as the presiding judge of the county's DUI court in October. Fellow justice of the peace Debra Williams now presides over the court, which began operations last October. Lee said he would have to be found guilty of the DUI charges to be prevented from assuming those duties, and he believes that he will be vindicated through the legal process. It's not clear why he was charged five months after the reported violation. The county attorney denied a records request from The Montana Standard in December based on an item on the police dispatch log. County commissioners asked the state to help prosecute the case late last month. It was the latest in a string of apparent conflicts involving state officials whose position gives them influence in shaping or interpreting DUI laws. In January, state Sen. Jim Shockley, the sponsor of several bills to strengthen Montana's drunken driving laws, stepped down as chairman of the Senate Judiciary Committee when he was arrested for driving with an open beer in his vehicle. He passed a field sobriety test and said he would still run for attorney general in 2012. Earlier this month, anti-drunken-driving advocates blasted state Rep. Alan Hale for a speech he made on the House floor saying DUI laws are harmful to small businesses. The Republican from Basin, who runs a bar, implied that people need to drive home after drinking at their local bars. Mothers Against Drunk Driving said those statements brought Montana back to a dangerous time when drunken driving was acceptable in the state.

First update:

BUTTE (AP) - A Montana justice of the peace set to preside over a DUI court later this year has been charged with driving under the influence of drugs. An assistant attorney general filed the misdemeanor DUI charge Thursday against Robert E. Lee. He's charged with driving to the Butte-Silver Bow County Courthouse on Nov. 13 while under the influence of methadone. The synthetic narcotic is used to relieve pain or prevent withdrawal from drug addiction. Lee was to perform a wedding that morning. A blood test confirmed the presence of methadone. Lee says he does not take drugs and he is confident he will be vindicated. Lee says he is scheduled in October to rotate in as the presiding judge for the county's new DUI court.

Original report:


BUTTE (AP) - A Montana justice of the peace recently appointed to help oversee a new DUI court has been charged with driving under the influence of drugs. An assistant attorney general filed the misdemeanor DUI charge Thursday against Robert E. Lee, a retired Butte police officer. Lee is charged with driving to the Butte-Silver Bow County Courthouse on Nov. 13 while under the influence of methadone, a synthetic narcotic used to relieve pain or prevent withdrawal symptoms from drug addiction. He was knocking on the window of the police station that Saturday morning asking officers to let him into the courthouse because he had a wedding to perform, police said. Lee appeared confused and under the influence of alcohol or drugs, officers said. The officers said Lee told them he drove to the courthouse and police found his vehicle parked in a handicapped zone. Court records said his driver's license and some credit cards were found on the ground outside the courthouse. Lee performed poorly on a field sobriety test, police said. A blood test confirmed the presence of methadone. Lee told officers he was on lorazepam, an anti-anxiety medication. His wife told investigators that Lee was taking lorazepam to get off methadone. Officers searched Lee's vehicle and found a methadone tablet. At his house, officers were shown an empty bottle of methadone. The 60-tablet prescription had been filled nine days earlier. Lee told KXLF-TV he was confident he would be vindicated. He also said he believed he would be allowed to remain on the bench, since the charge was a misdemeanor. It's not clear why he was charged five months after the reported violation. The county attorney denied a records request from The Montana Standard in December based on an item on the police dispatch log. County commissioners asked the state to help prosecute the case late last month.