Montana Supreme Court

Court Information
Justices: 7
Founded: 1889
Location: Helena, Montana
Salary
Chief: $157,784

Associates: $155,920

Judicial Selection
Method: Nonpartisan election
Term: 8 years
Active justices

Beth Baker
Dirk M. Sandefur
Ingrid Gustafson
James Rice (Montana)
Jim Shea
Laurie McKinnon
Mike McGrath (Montana)

## Contents

* 1 Jurisdiction
* 2 Justices
* 3 Judicial selection
* 3.1 Qualifications
* 3.2 Chief justice
* 3.3 Vacancies
* 4 Montana Supreme Court clerk
* 5 Elections and appointments
* 5.1 2020
* 5.1.1 Judges with expiring terms
* 5.2 2018
* 5.2.1 Supreme Court
* 5.2.2 Clerk
* 5.3 2016
* 5.3.1 Candidates
* 5.3.1.1 Chief Justice (McGrath's seat)
* 5.3.1.2 Seat 3 (Cotter's seat)
* 5.3.1.3 Seat 6 (Shea's seat)
* 5.3.2 Election results
* 5.3.2.1 November 8 general election
* 5.3.2.2 June 7 primary
* 5.4 2014
* 5.5 2012
* 5.6 2010
* 5.7 2008
* 6 Caseloads
* 7 Analysis
* 7.1 Ballotpedia Courts: Determiners and Dissenters (2021)
* 7.1.1 Summary of cases decided in 2020
* 7.2 Ballotpedia Courts: State Partisanship (2020)
* 7.3 Bonica and Woodruff campaign finance scores (2012)
* 8 Noteworthy cases
* 9 Ethics
* 9.1 Judicial ethics
* 9.2 Removal of justices
* 9.3 Montana Judicial Standards Commission
* 10 History of the court
* 10.1 Notable firsts
* 11 Courts in Montana
* 12 Party control of Montana state government
* 13 See also
* 14 External links
* 15 Footnotes

Founded in 1889, the Montana Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Mike McGrath.

As of August 2021, four judges were elected in nonpartisan elections, two judges were appointed by a Democratic governor, and one judge was appointed by a Republican governor.

The Montana Supreme Court meets in the Joseph P. Mazurek Justice Building in Helena, Montana.[1]

In Montana, state supreme court justices are elected in nonpartisan elections. As of November 18, 2021, there are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

## Jurisdiction[edit]

Since Montana does not have an intermediate appellate court, the state supreme court hears appeals from all Montana District Courts, the Montana Water Court, and the Montana Workers' Compensation Court. The Montana Supreme Court may not reject an appeal from the lower courts.[2]

The court also has original jurisdiction, meaning it may hear a case for the first time. It may use its original jurisdiction in cases of habeas corpus, in exercising supervisory control of lower courts, and in cases dealing with only legal or constitutional questions.[2]

The following text from Article VII, Section 2 of the Montana Constitution covers the jurisdiction of the court:

“  | Supreme Court Jurisdiction

(1) The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such other writs as may be provided by law.

(2) It has general supervisory control over all other courts.

(3) It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation.

(4) Supreme court process shall extend to all parts of the state.[3]

|  ”

|
|

—Montana Constitution Article VII, Section 2

## Justices[edit]

The table below lists the current justices of the Montana Supreme Court.

Judge | Appointed By

|

James A. Rice

Judy Martz (R)

Dirk M. Sandefur

Elected

Beth Baker

Elected

Jim Shea

Steve Bullock (D)

Ingrid Gayle Gustafson

Steve Bullock (D)

Laurie McKinnon

Elected

Mike McGrath

Elected

## Judicial selection[edit]

See also: Judicial selection in Montana

The seven justices on the Montana Supreme Court are selected through nonpartisan elections to eight-year terms. When their terms expire, justices must run for re-election if they wish to remain on the court. If unopposed, a justice must stand for a yes-no retention election.[4][5]

### Qualifications[edit]

To serve on this court, a judge must be:

* a U.S. citizen;
* a state resident for at least two years; and
* licensed to practice law in the state for at least five years.[4]

### Chief justice[edit]

The chief justice of the court is selected through a nonpartisan election to an eight-year term.[4]

### Vacancies[edit]

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor is responsible for appointing a new justice to the court. Once confirmed by the Montana state Senate, the justice will hold office until the next regular election. At that time, the appointed justice will be able to run for re-election or retention to complete the remainder of the unexpired term.[5]

The map below highlights how vacancies are filled in state supreme courts across the country.

## Montana Supreme Court clerk[edit]

See also: Montana Supreme Court Clerk of Court

The clerk of the Montana Supreme Court is elected to a six-year term. The clerk of court "controls the docket and filings, manages the appellate process, and is the custodian of the Seal of the Supreme Court and of all official Court records and files for the public and the Court." The clerk also "administers appellate mediation; issues subpoenas, writs and certificates; maintains the official roll of attorneys; and is responsible for licensing [Montana attorneys]."[6]

Office

| Name | Party | Date assumed office

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Montana Supreme Court Clerk of Court | Bowen Greenwood | Republican  | January 7, 2019

## Elections and appointments[edit]

In Montana, supreme court justices are elected in nonpartisan elections to eight-year terms. Midterm vacancies are filled by appointments, which must be confirmed by the state Senate.

### 2020[edit]

See also: Montana Supreme Court elections, 2020

The terms of two Montana Supreme Court justices expired on December 31, 2020. The two seats were up for nonpartisan election on November 3, 2020. A primary was scheduled for June 2, 2020.

#### Judges with expiring terms[edit]

This is a list of the justices who had to stand for nonpartisan election in 2020 in order to remain on the bench. Justices could choose not to stand for election.

■ Laurie McKinnon
■ Jim Shea

### 2018[edit]

Main article: Montana Supreme Court elections, 2018

#### Supreme Court[edit]

The terms of two Montana Supreme Court justices expired on December 31, 2018. Those justices stood for nonpartisan election by voters in 2018 in order to remain on the bench. Ingrid Gustafson and Beth Baker were retained.

#### Clerk[edit]

The term of the clerk of the Montana Supreme Court expired on January 6, 2020. The clerk had to stand for partisan election in 2018 to remain in office. Republican candidate Bowen Greenwood was elected on November 6, 2018.

### 2016[edit]

#### Candidates[edit]

##### Chief Justice (McGrath's seat)[edit]

■ Mike McGrath (Incumbent/Unopposed)[7]

##### Seat 3 (Cotter's seat)[edit]

Justice Patricia O'Brien Cotter retired in 2016.[8]
■ Kristen Juras[7]
■ Dirk M. Sandefur [7]

##### Seat 6 (Shea's seat)[edit]

■ Jim Shea (Incumbent/Unopposed)

#### Election results[edit]

##### November 8 general election[edit]

Dirk M. Sandefur defeated Kristen Juras in the general election for the Montana Supreme Court, Seat 3.

Montana Supreme Court, Seat 3, 2016

Candidate | Vote % | Votes
Dirk M. Sandefur | 56.13% | 254,811
Kristen Juras | 43.87% | 199,148
Total Votes (686 of 686 precincts reporting: 100%) | 453,959
Source: Montana Secretary of State

Mike McGrath was retained in the Montana Supreme Court, Chief Justice Seat election with 81.76% of the vote.

Montana Supreme Court, Chief Justice Seat, 2016

Name | Yes votes
Mike McGrath| 81.76%
Source: Montana Secretary of State

Jim Shea was retained in the Montana Supreme Court, Seat 6 election with 81.40% of the vote.

Montana Supreme Court, Seat 6, 2016

Name | Yes votes
Jim Shea| 81.40%
Source: Montana Secretary of State

##### June 7 primary[edit]

Montana Supreme Court Primary, Seat 3, 2016

Candidate | Vote % | Votes
Kristen Juras | 44.10% | 100,846
Dirk M. Sandefur | 34.48% | 78,855
Eric Mills | 21.41% | 48,965
Total Votes (686 of 686 precincts reporting: 100%) | 228,666
Source: Montana Secretary of State Official Results
Montana Supreme Court Primary, Chief Justice Seat, 2016

Candidate | Vote % | Votes
Mike McGrath Incumbent (unopposed) | 100.00% | 237,577
Total Votes (686 of 686 precincts reporting: 100%) | 237,577
Source: Montana Secretary of State Official Results
Montana Supreme Court Primary, Seat 6, 2016

Candidate | Vote % | Votes
Jim Shea Incumbent (unopposed) | 100.00% | 227,153
Total Votes (686 of 686 precincts reporting: 100%) | 227,153
Source: Montana Secretary of State Official Results

### 2014[edit]

See also: Montana Supreme Court elections, 2014
See also: Montana judicial elections, 2014
Seat 1Candidate| Incumbency| Primary Vote| Election Vote

|
|
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HerbertW. David Herbert | No| 23.5%A| 21.6% D
RiceJames Rice (Montana)A| Yes| 76.2%A| 78.2% A Seat 2| Candidate| Incumbency| Primary Vote| Election Vote

|
|
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VanDykeLawrence VanDyke | No| 38.2%A| 40.8% D
WheatMichael E. WheatA| Yes| 61.5%A| 59.1% A

* Election history, 2008-2012 (click to expand)

### 2012[edit]

See also: Montana judicial elections, 2012
| Candidate| Incumbency| Department| Primary Vote| Election Vote

|
|
|
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MorrisBrian Morris A| Yes| | 72.29%A|  A
SheehyEd Sheehy | No| Number 5| 34.20%A| 43.88% A
BestElizabeth Best | No| Department 2| 32%|
McKinnonLaurie McKinnon A| No| Number 5| 33.49%A| 56.11% A

### 2010[edit]

See also: 2010 State Supreme Court elections

Beth Baker and Nels Swandal competed to fill the seat vacated by William Leaphart. Beth Baker succeeded in her bid.

Montana Supreme Court
2010 General election results

Candidates  |  Votes  |  Percent
Beth Baker |  n/a |  52%
Nels Swandal  |  n/a  |  48%

Incumbent Michael E. Wheat ran uncontested and was re-elected.

Montana Supreme Court
2010 General election results

Candidates  |  Votes  |  Percent
Michael E. Wheat |  n/a |  n/a'%'

### 2008[edit]

See also: State Supreme Court elections, 2008

Mike McGrath and Ron Waterman competed to fill the seat left vacant by chief judge Karla M. Gray. McGrath succeeded in his bid.

Montana Supreme Court
2008 General election results

Candidates  |  Votes  |  Percent
Mike McGrath |  n/a |  75%
Ron Waterman  |  n/a  |  25%

Incumbent Patricia O'Brien Cotter ran uncontested and was re-elected.

Montana Supreme Court
2008 General election results

Candidates  |  Votes  |  Percent
Patricia O'Brien Cotter |  n/a |  n/a

## Caseloads[edit]

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[9][10]

Montana Supreme Court caseload data

Year  | Filings  | Dispositions
2020 | 669 | 713
2019 | 711  | 637
2018 | 721 | 699
2017 | 743 | 764
2016 | 765 | 761
2015 | 806 | 783
2014 | 822 | 772
2013 | 860 | 848
2012 | 778 | 702
2011 | 775 | 732
2010 | 650 | 629
2009 | 677 | 861
2008 | 649 | 783

## Analysis[edit]

### Ballotpedia Courts: Determiners and Dissenters (2021)[edit]

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

* We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
* We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
* We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
* We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

#### Summary of cases decided in 2020[edit]

* Number of justices: 7
* Number of cases: 323
* Percentage of cases with a unanimous ruling: 89.5% (289)
* Justice most often writing the majority opinion: Justice Ingrid Gustafson (61)
* Per curiam decisions: 0
* Concurring opinions: 19
* Justice with most concurring opinions: Justices James Rice and Ingrid Gustafson (5 and 5)
* Dissenting opinions: 45
* Justice with most dissenting opinions: Justice Laurie McKinnon (13)

For the study's full set of findings in Montana, click here.

### Ballotpedia Courts: State Partisanship (2020)[edit]

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

* Strong Democrat
* Mild Democrat
* Indeterminate[11]
* Mild Republican
* Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[12]

Montana had a Court Balance Score of -0.71, indicating Split control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

### Bonica and Woodruff campaign finance scores (2012)[edit]

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Montana was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Montana received a score of -0.87. Based on the justices selected, Montana was the 6th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[13]

## Noteworthy cases[edit]

The following are noteworthy cases heard before the Montana Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

• Constitutionality of a tax credit program (2018)| Click for summary→

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In a 5-2 decision, the Montana Supreme Court reversed a decision from the Montana 11th Judicial District Court. The 11th Judicial District Court had held that a rule from the Montana Department of Revenue was "based on an incorrect interpretation of the law" and prohibited its enforcement. The rule had been implemented to ensure a tax credit program was compliant with the Montana Constitution. The state supreme court concluded the rule was superfluous because the tax credit program itself was unconstitutional.

The case was brought by plaintiffs whose children attended religiously-affiliated private schools. The plaintiffs challenged the Department of Revenue, which had instituted a rule barring religiously-affiliated private schools from qualifying as an education provider under a tax credit program that provided dollar-to-dollar tax credits of up to $150 to taxpayers donating to organizations providing scholarships for students who attend private schools. Following the state supreme court's ruling, the plaintiffs appealed to the U.S. Supreme Court. SCOTUS accepted the case on June 28, 2019. Click here for more information.

• Court orders AG to rewrite statement for bathroom bill initiative (2017)| Click for summary→

|

On September 19, 2017, the Montana Supreme Court ruled that Attorney General Tim Fox (R) needed to rewrite his ballot statement for a bathroom bill initiative. The initiative would have required individuals to use the private facilities, including changing facilities, locker rooms, restrooms, and shower rooms, in public schools and government buildings designated for an individual's biological sex, as determined by anatomy and genetics, at the time of birth.

The ACLU of Montana filed a lawsuit against the state of Montana, represented by Attorney General Fox, contending that the ballot statement was misleading and prejudicial and the fiscal note was insufficient. The ACLU of Montana argued that Fox’s ballot statement obscured “the primary and most controversial function of the initiative: the exclusion of transgender people from gender-appropriate facilities” and created prejudice in favor of the initiative. The group asked the court to prohibit the initiative from appearing on the ballot or order the attorney general to rewrite the ballot statement and fiscal note. [7]

Attorney General Fox argued that his ballot statement was legally sufficient and fairly stated what the initiative proposed. He said the changes requested by the ACLU of Montana would create prejudice against the initiative. He said the terms that plaintiffs wanted to see in the ballot statement were "not mentioned in I-183 or even defined in state law.”[14]

The Montana Supreme Court ruled in favor of the ACLU of Montana, requiring Attorney General Fox to rewrite the ballot statement. The court said it intervened because the ballot statement would “prevent a voter from casting an intelligent and informed ballot.” The justices also ruled that the fiscal note needed to include information on long-term costs; costs to local governments, K-12 schools, and public universities; legal fees; and uncertain costs.[15] Read more about the court case, the supreme court’s ruling, and the attorney general’s ballot title here.

• Right to sue for lack of government openness (2014)| Click for summary→

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In a 6-0 decision, the Montana Supreme Court reversed its own 2006 ruling that required a plaintiff to prove personal injury in order to sue a government agency for lack of transparency and openness. The 2014 case was brought by Brian Shoof against the county commissioners of Custer County. In a closed, unannounced meeting in 2007, the commission decided that county officials could receive money instead of health insurance premiums. When Shoof learned of this policy in 2011, he filed a challenge to reverse the policy and get the cash payments returned. His case was dismissed by a district court, but the supreme court ruled on his behalf, finding that citizens have the ability to bring a lawsuit against a government agency for not complying with the state's right-to-know laws without having to prove their personal stake or injury.[16][17]

• Doctor-assisted suicide (2009)| Click for summary→

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In 2009, the Montana Supreme Court made a decision in Baxter vs. Montana that would protect doctors from prosecution for assisting in the death of a terminally ill patient. Robert Baxter, the plaintiff, suffered from lymphocytic leukemia and had died the previous year. It was a 4-3 ruling, and four separate opinions were filed between the seven justices. The majority used a 1985 law to back their opinion, which dealt with the withdrawal of treatment for the terminally ill. Those in dissent said "[t]he statute provides no support for physicians shifting from idle onlookers of natural death to active participants in their patients’ suicides." Despite ruling in favor of Baxter, the decision did not address whether physician-assisted suicide was a constitutional right, leaving that debate for the Montana Legislature.[18]

## Ethics[edit]

### Judicial ethics[edit]

The Montana Code of Judicial Conduct was revised in 2014. It is composed of four canons:[19]

“  |

1\. A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

2\. A judge shall perform the duties of judicial office impartially, competently, and diligently.

3\. A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

4\. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.[3]

|  ”

|
|

Read the code in its entirety here.

### Removal of justices[edit]

The Montana State Legislature has the power to remove a supreme court justice with a two-thirds vote of the Montana House of Representatives to impeach and a two-thirds vote of a tribunal to convict.[20]

### Montana Judicial Standards Commission[edit]

An ethics complaint about a supreme court justice may be filed with the Montana Judicial Standards Commission. After investigation, the commission may impose an admonishment or private reprimand, or it may recommend to the Montana Supreme Court a public reprimand, censure, suspension, removal, or permanent removal.[21]

The Montana Judicial Standards Commission comprises five members who serve four-year terms. District court judges elect two members to the commission who are judges from different judicial districts. The Montana Supreme Court appoints one member who is an attorney who has practiced law in Montana for at least 10 years. The governor appoints two state residents from different congressional districts who are not, and never have been, judges or attorneys.[22]

## History of the court[edit]

* 1864: Montana became a territory, and the Territorial Supreme Court was created with one chief justice and two associate justices.
* 1889: Montana joined the union and became a state on November 8. The Montana Supreme Court was created in Article VIII of the 1889 Constitution. Three members were to be elected to six-year terms in partisan elections.
* 1909: The state legislature created the "Nonpartisan Judiciary Act." Rather than running in partisan elections, this act required that candidates to the court be "nominated by citizen petition." This resulted in a very low voter turnout in the next general election in 1910.
* 1911: The "Nonpartisan Judiciary Act" was declared unconstitutional by Montana Supreme Court.
* 1919: The number of justices on the court was increased from three to five.
* 1935: Nonpartisan judicial elections were reintroduced.
* 1972: Term of office was increased to eight years with a constitutional amendment.
* 1979: The number of justices on the court was increased to seven.[23]

### Notable firsts[edit]

* 1989: Diane Barz became the first female justice on the Montana Supreme Court. Prior to that, she was the first woman to serve as a district judge in the state.[23]

## Courts in Montana[edit]

See also: Courts in Montana

In addition to the federal courts in Montana, there is one court of last resort and six types of trial courts. Their infrastructure and relationship are illustrated in the flow chart below.

The structure of Montana's state court system.

## Party control of Montana state government[edit]

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Montana has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

Montana Party Control: 1992-2021
No Democratic trifectas • Eleven years of Republican trifectas
Scroll left and right on the table below to view more years.

Year  |  92  |  93  |  94  |  95  |  96  |  97  |  98  |  99  |  00  |  01  |  02  |  03  |  04  |  05  |  06  |  07  |  08  |  09  |  10  |  11  |  12  |  13  |  14  |  15  |  16  |  17  |  18  |  19  |  20  |  21

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Governor |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  D |  R
Senate |  D |  D |  D |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  D |  D |  D |  D |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R
House |  D |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  S |  S |  R |  R |  S |  S |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R |  R

## See also[edit]

Montana | Judicial Selection | More Courts

|
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Courts in Montana Montana Supreme Court |  Elections: 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019 • 2020 • 2021 Gubernatorial Appointments Judicial Selection in Montana |  Federal Courts Other State Courts Local Courts

## External links[edit]

* Montana Supreme Court
* Brief History of the Montana Judicial Branch

## Footnotes[edit]

1. ↑ Montana Judicial Branch, "Previous Oral Argument Schedule," accessed August 15, 2021
2. ↑ 2.0 2.1 Montana Judicial Branch, "About Judicial Branch," accessed August 15, 2021
3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
4. ↑ 4.0 4.1 4.2 National Center for State Courts, "Methods of Judicial Selection," accessed August 11, 2021
5. ↑ 5.0 5.1 Montana State Legislature, "The Constitution of the state of Montana," accessed August 11, 2021 (Article VII, part VII, section 8)
6. ↑ Montana Judicial Branch, "Who We Are," archived February 1, 2019
7. ↑ 7.0 7.1 7.2 7.3 Montana Secretary of State, "2016 candidate filing list: Non-Legislative," archived July 13, 2016 Cite error: Invalid `<ref>` tag; name "filing" defined multiple times with different content
8. ↑ KPAX.com, "Money piles up in 2016 Montana Supreme Court race," archived May 7, 2016
9. ↑ Montana Judicial Branch, "Supreme Court caseload statistics 1972-2016," accessed September 19, 2019
10. ↑ Montana Judicial Branch, "Clerk of Court case load statistics," accessed August 15, 2021
11. ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
12. ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
13. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
14. ↑ Montana Supreme Court, ACLU of Montana v. Montana, September 19, 2017
15. ↑ Montana Supreme Court, ACLU of Montana v. Montana, September 19, 2017
16. ↑ Missoulian, "MISSOULIAN EDITORIAL: Montana Supreme Court rulings promote open government," January 19, 2014
17. ↑ Miles City Star, "High court sides with man challenging officials," January 9, 2014
18. ↑ New York Times, "Montana Ruling Bolsters Doctor-Assisted Suicide," December 31, 2009
19. ↑ Montana Judicial Branch, "2009 Montana Code of Judicial Conduct," revised March 25, 2014
20. ↑ Montana State Legislature, "The Constitution of the State of Montana," accessed August 15, 2021 (Article V, part V, section 13)
21. ↑ Montana Judicial Branch, "Judicial Standards Commission Rules," July 20, 2015
22. ↑ Montana Judicial Branch, "Judicial Standards Commission," accessed August 15, 2021
23. ↑ 23.0 23.1 Montana Judicial Branch, "Brief History of the Montana Judicial Branch," archived July 5, 2015

Montana courts

* * *

Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana

State courts:

Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court

State resources:

Courts in Montana • Montana judicial elections • Judicial selection in Montana

v • e

Montana Supreme Court
Judicial selection in Montana • 2022 elections • 2020 elections • Noteworthy cases • Courts in Montana

|

Current|

Chief Justice: Mike McGrath (Montana) • James Rice (Montana) • Dirk M. Sandefur • Laurie McKinnon • Ingrid Gustafson • Jim Shea • Beth Baker

Former|

Patricia O'Brien Cotter • Karla Gray • James Nelson (Montana) • William Leaphart • John Warner (Montana) • Brian Morris • Terry Trieweiler • Hezekiah Hosmer • Henry L. Warren • Decius Wade • N.W. McConnell • Henry N. Blake • William Pemberton • Theodore Brantiy • Llewellyn L. Callaway • Walter B. Sands • O.P. Goddard • Howard A. Johnson • Carl Lindquist • Hugh H. Adair • James T. Harrison • Frank I. Haswell • J.A. Turnage • Michael E. Wheat •

v • e

Supreme Courts

Federal|

Supreme Court of the United States

State|

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