GLENDIVE- Glendive's Dale Cox announced his intention to resign as District Judge for the Seventh Judicial District earlier this week. Thus, began the end of a jurist's career which was best characterized as "go with the flow". Cox could see the storm clouds brewing around the widening corruption scandal in Montana and told acquaintances that he " wanted to spend more time with his family."
Curiously, Dale Cox had come from a local law firm which had produced Glendive's last three District Court Judges, two of whom had subsequently served terms on the Montana Supreme Court. Cox had only escaped from the firm to the bench as another one of its associates, Richard "Dick" Simonton, proceeded to loudly wreck his own career. Now that Cox will be replaced (by appointment by Montana's governor Marc Racicot) the scrutiny of the new candidates' backgrounds promises to - be exciting. Especially if lawyer Dick Simonton lobbies to get the appointment.
Dick Simonton had been the Dawson County Attorney for years. Glendive, the Dawson County seat, was a heavily Democrat railroad town. Simonton, a liberal Democrat, enjoyed the prestige of his office as prosecutor immensely. That is, until Adam Buxbaum drove into town, mad as hell, one day.
Adam Buxbaum had a big spread north of Glendive just west of the Yellowstone River. Adam ran cattle on his place. His pretty wife worked in order to supplement their family income, for the Dawson County Sheriff. Adam Buxbaum lived the ideal life of a "Marlboro Man" rancher in Montana with his wife, who he truly adored and loved.
That day when he came to the court house Adam Buxbaum was quiet but resolved. The Sheriff's office is just off to one side of the court room, and Dick Simonton had business at the courthouse as usual that day as well.
The two men met in the hall and Adam was angelically cordial. Buxbaum smiled and asked if he could speak to Dick Simonton in one of the side rooms. "Sure Adam", Simonton said, and entered the empty office between the Clerk of Court's office and the Sheriff's office. As Adam followed Dick Simonton into the room he locked the door behind them.
"Dick, I want to ask you, man to man, if you've been sleeping with my wife", Adam Buxbaum inquired of the lawyer. "Of course not, Adam....." Dick Simonton replied as he looked Adam Buxbaum directly in his light gray eyes.
Adam Buxbaum responded by smashing Dick Simonton in the mouth. Buxbaum was in good shape and knew how men fight in Montana. Buxbaum stood upright and threw showers of powerful bare knuckled fists. Simonton, a plump, much heavier man, who wasn't used to physical labor, weakly tried to cover his face as Buxbaum thrashed him.
Simonton groaned and began to squeal for help. Five sheriff's deputies pounded at the heavy door but they couldn't open it. All the while Adam Buxbaum methodically pummeled Dick Simonton round about the small room. Buxbaum pounded Simonton's face and body until Dick Simonton lay dazed, bleeding, and sobbing on the floor. Then, Adam Buxbaum calmly turned around and let the sheriff's deputies enter to lead him away to be charged with assault.
Adam Buxbaum didn't need to tell Dick Simonton further that his wife had tearfully confessed to him the night before.
On the short term, Dick Simonton nursed a huge black eye for the next few weeks. Adam Buxbaum was given a minimal fine. Bob Richey, a local bail bondsman, observed that "its doubtful that a Dawson County jury would have convicted Buxbaum if he had shot Simonton that day as despised as Simonton is...." Harry Mehr, a Glendive attorney, went around town saying the same .
But over the long term, Adam Buxbaum's anger turned to heartbreak as he lost his wife to divorce. Dick Simonton fared worse. Dawson County Democrats induced Jerry Navratil to run against Dick Simonton in the next election. Dick Simonton was turned out as prosecutor by his own party. The Democrats themselves raised the issues of the Simonton firm's perceived "too close" relationship with Judge Dale Cox, as well as other glaring ethics problems.
Years later, the effects of the Buxbaum courthouse fight with Dick Simonton haunt the highly ambitious man even today. Always pragmatic Simonton changed parties and became a Republican. Still, a few grievances to the Commission on Practice against lawyer Simonton haunted Simonton.
Accordingly Simonton never sought elective office again, but began to handle a few high profile cases. Cases such as the civil suit by Gary Ryder against Lambert trucker, Clinton Mullen, (who along with a roomful of witnesses), claimed that lawyer Ryder had solicited a vicious beating of Mullen and his wife after Mullen had declined to haul drugs from Canada for another Sidney lawyer involved in the scheme. Simonton also was said to have recently taken to driving Montana's popular governor Marc Racicot around when Racicot traveled in eastern Montana.
But the ambitions of Dick Simonton may be ended by the ultimate satirist sooner than most expect. Dick Simonton, now grossly overweight, has developed severe heart problems, (requiring quadruple by-pass surgery several years ago), and cannot cut out a chain smoking problem. Dick Simonton is helplessly watching , like a corpulent old boar hog, the steady disintegration of his heart and cardiovascular system.
There are lots of good honest lawyers from the Seventh Judicial District; Jerry Navratil, Jerry Cook, Richard Burns from Glendive; Richard Heineman from Wibaux; and Katherine Irogoin from Sidney, to name only a few. These are people who built careers out of quietly serving other people. These are the lawyers who are qualified to be jurists or judges. Because of matters of the heart Dick Simonton is not judge material.
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