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MONTANA SUPREME COURT
From Ballotpedia
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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 2022
* 5.1.1 Judges with expiring terms
* 5.1.1.1 Rice's seat
* 5.1.1.2 Gustafson's seat
* 5.2 2020
* 5.2.1 Judges with expiring terms
* 5.3 2018
* 5.3.1 Supreme Court
* 5.3.2 Clerk
* 5.4 2016
* 5.4.1 Candidates
* 5.4.1.1 Chief Justice (McGrath's seat)
* 5.4.1.2 Seat 3 (Cotter's seat)
* 5.4.1.3 Seat 6 (Shea's seat)
* 5.4.2 Election results
* 5.4.2.1 November 8 general election
* 5.4.2.2 June 7 primary
* 5.5 2014
* 5.6 2012
* 5.7 2010
* 5.8 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 May 26, 2022, there are 13 states that use this selection method. To read
more about the nonpartisan election of judges, click here.
JURISDICTION
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
The table below lists the current justices of the Montana Supreme Court.
Judge Appointed By
Mike McGrath
Elected
James A. Rice
Judy Martz (R)
Ingrid Gayle Gustafson
Steve Bullock (D)
Jim Shea
Steve Bullock (D)
Dirk M. Sandefur
Elected
Laurie McKinnon
Elected
Beth Baker
Elected
JUDICIAL SELECTION
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
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
The chief justice of the court is selected through a nonpartisan election to an
eight-year term.[4]
VACANCIES
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
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 Montana Supreme Court Clerk of Court Bowen
Greenwood Republican January 7, 2019
ELECTIONS AND APPOINTMENTS
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.
2022
See also: Montana Supreme Court elections, 2022
The terms of two Montana Supreme Court justices will expire on December 31,
2022. The two seats are up for nonpartisan election on November 8, 2022. A
primary is scheduled for June 7, 2022. The filing deadline was March 14, 2022.
JUDGES WITH EXPIRING TERMS
This is a list of the justices who must stand for nonpartisan election in 2022
in order to remain on the bench. Justices may choose not to stand for election.
The list is subject to change if justices retire or are appointed.
■ Ingrid Gustafson
■ James Rice
RICE'S SEAT
General election
The primary will occur on June 7, 2022. The general election will occur on
November 8, 2022. General election candidates will be added here following the
primary.
Nonpartisan primary election
NONPARTISAN PRIMARY FOR MONTANA SUPREME COURT
Incumbent James A. Rice and Bill D'Alton are running in the primary for Montana
Supreme Court on June 7, 2022.
Candidate
James A. Rice (Nonpartisan)
Bill D'Alton (Nonpartisan)
--------------------------------------------------------------------------------
Incumbents are bolded and underlined.
= candidate completed the Ballotpedia Candidate Connection survey.
Do you want a spreadsheet of this type of data? Contact our sales team.
GUSTAFSON'S SEAT
General election
The primary will occur on June 7, 2022. The general election will occur on
November 8, 2022. General election candidates will be added here following the
primary.
Nonpartisan primary election
NONPARTISAN PRIMARY FOR MONTANA SUPREME COURT
Incumbent Ingrid Gayle Gustafson, James Brown, and Mike McMahon are running in
the primary for Montana Supreme Court on June 7, 2022.
Candidate
Ingrid Gayle Gustafson (Nonpartisan)
James Brown (Nonpartisan)
Mike McMahon (Nonpartisan)
--------------------------------------------------------------------------------
Incumbents are bolded and underlined.
= candidate completed the Ballotpedia Candidate Connection survey.
Do you want a spreadsheet of this type of data? Contact our sales team.
2020
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
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
Main article: Montana Supreme Court elections, 2018
SUPREME COURT
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
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
CANDIDATES
CHIEF JUSTICE (MCGRATH'S SEAT)
■ Mike McGrath (Incumbent/Unopposed)[7]
SEAT 3 (COTTER'S SEAT)
Justice Patricia O'Brien Cotter retired in 2016.[8]
■ Kristen Juras[7]
■ Dirk M. Sandefur [7]
SEAT 6 (SHEA'S SEAT)
■ Jim Shea (Incumbent/Unopposed)
ELECTION RESULTS
NOVEMBER 8 GENERAL ELECTION
Dirk M. Sandefur defeated Kristen Juras in the general election for the Montana
Supreme Court, Seat 3.
[hide]Montana Supreme Court, Seat 3, 2016 Candidate Vote % Votes Dirk M.
Sandefur 56.13% 254,811Kristen Juras 43.87% 199,148Total 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.
[hide]Montana Supreme Court, Chief Justice Seat, 2016 Name Yes votesMike
McGrath81.76% Source: Montana Secretary of State
Jim Shea was retained in the Montana Supreme Court, Seat 6 election with 81.40%
of the vote.
[hide]Montana Supreme Court, Seat 6, 2016 Name Yes votesJim Shea81.40% Source:
Montana Secretary of State
JUNE 7 PRIMARY
[hide]Montana Supreme Court Primary, Seat 3, 2016 Candidate Vote % Votes Kristen
Juras 44.10% 100,846 Dirk M. Sandefur 34.48% 78,855Eric Mills 21.41% 48,965Total
Votes (686 of 686 precincts reporting: 100%) 228,666 Source: Montana Secretary
of State Official Results
[hide]Montana Supreme Court Primary, Chief Justice Seat, 2016 Candidate Vote %
Votes Mike McGrath Incumbent (unopposed) 100.00% 237,577Total Votes (686 of 686
precincts reporting: 100%) 237,577 Source: Montana Secretary of State Official
Results
[hide]Montana Supreme Court Primary, Seat 6, 2016 Candidate Vote % Votes Jim
Shea Incumbent (unopposed) 100.00% 227,153Total Votes (686 of 686 precincts
reporting: 100%) 227,153 Source: Montana Secretary of State Official Results
2014
See also: Montana Supreme Court elections, 2014 See also: Montana judicial
elections, 2014
Seat 1
CandidateIncumbencyPrimary VoteElection VoteHerbertW. David
Herbert No23.5%A21.6% DRiceJames Rice (Montana)AYes76.2%A78.2% A
Seat 2
CandidateIncumbencyPrimary VoteElection VoteVanDykeLawrence
VanDyke No38.2%A40.8% DWheatMichael E. WheatAYes61.5%A59.1% A
* Election history, 2008-2012 (click to expand)
2012
See also: Montana judicial elections, 2012
CandidateIncumbencyDepartmentPrimary VoteElection VoteMorris[[Brian
Morris|Brian Morris]] AYes72.29%A ASheehyEd Sheehy NoNumber
534.20%A43.88% ABestElizabeth Best NoDepartment 232% McKinnonLaurie
McKinnon ANoNumber 533.49%A56.11% A
2010
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
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
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
BALLOTPEDIA COURTS: DETERMINERS AND DISSENTERS (2021)
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
* 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)
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)
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
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)[show]Click for summary→
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)[show]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)[show]Click for summary→
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)[show]Click for summary→
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
JUDICIAL ETHICS
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
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
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
* 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
* 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
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
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: 1992-2022
No Democratic trifectas • Twelve 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 22 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 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 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 R
SEE ALSO
Montana Judicial Selection More Courts
Courts in Montana Montana Supreme Court Elections: 2013 • 2014 • 2015 • 2016 •
2017 • 2018 • 2019 • 2020 • 2021 • 2022 Gubernatorial Appointments Judicial
Selection in Montana Federal Courts Other State Courts Local Courts
EXTERNAL LINKS
* Montana Supreme Court
* Brief History of the Montana Judicial Branch
FOOTNOTES
1. ↑ Montana Judicial Branch, "Previous Oral Argument Schedule," accessed
August 15, 2021
2. ↑ Jump up to: 2.0 2.1 Montana Judicial Branch, "About Judicial Branch,"
accessed August 15, 2021
3. ↑ Jump up to: 3.0 3.1 Note: This text is quoted verbatim from the original
source. Any inconsistencies are attributable to the original source.
4. ↑ Jump up to: 4.0 4.1 4.2 National Center for State Courts, "Methods of
Judicial Selection," accessed August 11, 2021
5. ↑ Jump up to: 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. ↑ Jump up to: 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. ↑ Jump up to: 23.0 23.1 Montana Judicial Branch, "Brief History of the
Montana Judicial Branch," archived July 5, 2015
Only the first few references on this page are shown above. Click to show more.
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
[show]
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 (Montana) • 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 •
[show]
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