John M. “Matt” Shearer
Adult Protective Services
PO Drawer 310
Kalispell, MT 59903-0310

Re: Julius T. Schroeder

Dear Mr. Shearer:

On February 23 I was contacted by a Mrs. Gloria Schroeder who, being referred to me by a local attorney, wanted me to do some work for her and her husband, Julius T. Schroeder. She also stated that both her and her husband wanted to terminate a divorce action which he had filed previously. She told me that I would also be working for Mr. Schroeder and that he approved of what I was doing. If there was any dispute between Mr. and Mrs. Schroeder regarding what terms they were going to reconcile under, I was going to offer my services as a mediator.
Mrs. Schroeder stated to me that her husband was being improperly held in the Colonial Manor Nursing Home at Whitefish, Montana. She informed me that you stated that you were Julius’ guardian, but in reality there was no guardianship order, or file, in existence and that you would resist any efforts to prove otherwise. She also gave me a couple of names that she stated would confirm what she was telling me.
Besides helping the two of them stop the divorce, Mrs. Schroeder hired me to investigate if there was actually a valid guardianship order and if not, to get proof that no such order existed.
If I was being unlawfully held under an alleged guardianship arrangement I would be desperate to have an independent source of help to rectify the situation. Therefore, based upon Mrs. Schroeder’s allegations and directions, I undertook to investigate whether there actually was a valid order affecting Mr. Schroeder.
The first thing I needed in order to find out if any such order existed was a release from Mr. Schroeder to look at any files pertaining to him. I had no evidence of any relationship between Mr. Schroeder and you. (Actually I still do not have any such evidence.) If there was no valid court order then Mr. Schroeder would have authority to sign such a release. If there actually was a valid court order then you might not be able to show it to me without such a release.
Therefore, after contacting Mrs. Schroeder, I phoned Mr. Schroeder at the Colonial Manor Nursing home and at his invitation, went to see him. Mr. Schroeder met me at the front door by the fireplace. Although it appeared physically uncomfortable for him, he took me on a fairly long walk into the manor obviously looking for some place where the two of us could be alone. He responded appropriately to my conversation and appeared to me to be coherent.
After talking to me he told me that yes, he did want to terminate the divorce, but that he needed to think about it before he signed any release of information. It was not my intention to pressure him to sign the release, only to make sure he had an opportunity to do so if he wished. At that time I left him and left the Colonial Manor. As I left I was ushered to the front door of the manor by a member of the staff. Based upon Mr. Schroeder’s responses I figured that things evidently were proper and that there was no reason for me to conduct any investigation.
Shortly after leaving Mr. Schroeder at the Colonial Manor, he phoned me and told me that he wanted my help and that he would sign the release. Therefore I mailed him my February 25th letter along with the Authorization for Release of Information. By this time it was appearing to me like the parties’ communications with me were not complete, so I requested that, if possible, I be paid if Mr. Schroeder wanted me to do any more work for him.
I again attempted to phone Mr. Schroeder on February 28th. Karen at the Colonial Manor Nursing Home answered my call and informed me that you have power of attorney over Mr. Schroeder – or you are his guardian. She was not sure what your actual capacity was but, whatever it was, she would not let me speak to Mr. Schroeder.
On February 29th Mr. Schroeder phoned me and stated that he has a lawyer and that he doesn’t want any more paperwork from me. It appeared to me like someone was in the background coaching him.
Since I have received Mr. Schroeder’s verbal instruction not to do any more work for him, you can rest assured that I will not instigate any contact between Mr. Schroeder and myself. If he phones me and states that he is being unlawfully held captive I will tell him to either talk to you or phone an attorney. (Actually I need to see the alleged restraining order before I dare refer Mr. Schroeder to an attorney). Since you have cut off his contact with the outside world there is not much chance that he will write or phone me anyway.
While I have no intention of ever again seeing Mr. Schroeder, I am still curious as to what “District Court Restraining Order” you are accusing me of “attempting to circumvent”. Please send me a copy of any such order so I will know what I can, or can not do, if I am again contacted by either Mr. or Mrs. Schroeder.
I presume that since both Mr. and Mrs. Schroeder have stated they do not want the divorce to go through that you will take the necessary steps to stop the divorce even if such action might be adverse to your personal financial interests. If you desire the help of a mediator to accomplish this, I am at your service.

Yours truly,

Jerry O’Neil

Two expensive attack ads have been mailed to the residents of House District 3 for my Democratic opponent’s benefit. One of these slick and deceptive ads alleges I am cuckoo for carrying legislation to repeal the Seventeenth Amendment in my 2005 session in the Montana Senate. If so, I am in good company; I have over 50 professors, authors, attorneys and legislators who agree with me.
At the local level, Frank Miele, editor of the Daily Inter Lake, also appears to agree it would be best for the country if we repealed the 17th Amendment. In his Two Cents Worth column on September 26th he stated:

“- – One thing that has become clear in the past several decades is that senators no longer reliably represent the people of their state, but rather their own self-interest.
“This phenomenon is one of the unintended consequences of the 17th Amendment — which shifted the election of senators from the individual state legislatures to the people of each state. This was supposed to be a good idea because it gave “power to the people.” It was thus an easy sell. But it tampered with a crucial component of the architecture of the American republic that was devised by the genius of our Founding Fathers to withstand the rigors of time, temperament and outright treason.
– - -
“With popular election of senators, however, came the inevitable shift of power away from the states to the individual senator and ultimately to their political parties. Rather than representing a state’s interests, a senator’s only concern from this point forward was representing himself TO the people as their friend and guardian — no matter who he was really beholden to.”

While reasonable people can debate the merits of keeping or repealing the 17th Amendment, I am proud to stand with some of our best scholars on this issue. I don’t believe Frank Miele and the other scholars who support repeal of the 17th Amendment are all cuckoo.

The other attack ad castigates me for my battle to open our justice system to the people and for going to the aid of an elderly lady who requested I talk to her husband who was locked away from her in a nursing home.
At least partially because of my standing my ground against the legal fraternity the Montana Supreme Court on April 20th of this year, agreed with me:
“this Court is not authorized either directly or through a Commission to regulate the ‘unauthorized practice of law.’
“- – - the array of persons and institutions that provide legal or legally-related services to members of the public are, literally, too numerous to list. – -
“- – - Third, we conclude that this Court has no Constitutional authority to define,
generally, what constitutes the practice of law, except within the context of a case or
controversy properly before this Court. Moreover, it follows that this Court has no
Constitutional authority to define the “unauthorized practice of law,” again, except within
the context of a case or controversy properly before this Court. And, finally, it follows
that we have no Constitutional authority, except within the context of a case or
controversy properly before this Court, to sanction or remedy the “unauthorized practice
of law.”
I can understand why more good people decline to run for public office when such drivel is laid on those who do step forth.
Thank you for your educating yourself about these issues before you cast your vote.

Jerry O’Neil

See also: http://www.dailyinterlake.com/opinion/columns/frank/article_64f59fe4-c8fe-11df-9834-001cc4c03286.html

Click here to view the endorsement.

- Sen. Joe Balyeat

Thanks very much!

- Jerry

“Our state’s economic future and our liberty are under attack. Montana’s legislature needs principled conservatives who will fight to restore our jobs, reduce the size of government and cut taxes,” said O’Neil. “I am proud the voters chose me as their candidate.”

“Whether it’s bureaucrats who threaten property rights, radical greens who take our jobs, or politicians who see taxpayers as a piggy bank to fund their pet projects, Montanans know I will not tolerate those who threaten freedom,” said O’Neil.

O’Neil, a Columbia Falls Republican, was term-limited out of the Senate in 2008. He will compete in a November 2nd general election for the seat being vacated by term-limited Representative Dee Brown. O’Neil says he is running because none of his opponents would advocate as he would for Constitutional limits on government.

As a principled conservative senator, O’Neil sponsored bills to: restore Montana’s sovereignty, protect parental rights from government abuse, hold abortionists accountable for botched abortions performed on minors, protect our right to keep and bear arms and restrict government’s ability to use “eminent domain” to seize private property.

After a battle of over 25 years O’Neil can report he has helped persuade the Montana Supreme Court to dissolve their Commission on the Unauthorized Practice of Law and allow Montana citizens to draft their own legal documents, purchase them over the internet, or have a friend or professional prepare them.

For more information, or to schedule an interview, contact Jerry O’Neil at 406-892-7602.