Montana Supreme Court |
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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 |
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.
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 |
The table below lists the current justices of the Montana Supreme Court.
Judge | Appointed By |
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Elected |
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Elected |
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Elected |
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Elected |
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]
To serve on this court, a judge must be:
The chief justice of the court is selected through a nonpartisan election to an eight-year term.[4]
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.
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 |
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.
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.
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.
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.
■ Mike McGrath (Incumbent/Unopposed)[7]
Justice Patricia O'Brien Cotter retired in 2016.[8]
■ Kristen Juras[7]
■ Dirk M. Sandefur [7]
■ Jim Shea (Incumbent/Unopposed)
Montana Supreme Court, Seat 3, 2016 | ||
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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 |
Montana Supreme Court, Chief Justice Seat, 2016 | ||
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Name | Yes votes | |
Mike McGrath | 81.76% | |
Source: Montana Secretary of State |
Montana Supreme Court, Seat 6, 2016 | ||
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Name | Yes votes | |
Jim Shea | 81.40% | |
Source: Montana Secretary of State |
Montana Supreme Court Primary, Seat 3, 2016 | ||
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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 | ||
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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 | ||
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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 |
Candidate | Incumbency | Primary Vote | Election Vote |
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W. David Herbert | No | 23.5% | 21.6% |
James Rice (Montana) | Yes | 76.2% | 78.2% |
Candidate | Incumbency | Primary Vote | Election Vote |
---|---|---|---|
Lawrence VanDyke | No | 38.2% | 40.8% |
Michael E. Wheat | Yes | 61.5% | 59.1% |
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 | ||
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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 |
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:
For the study's full set of findings in Montana, click here.
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:
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.
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]
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→ |
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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] | |
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.
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]
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]
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.
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.
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tag; name "filing" defined multiple times with different content
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
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