Montana Republicans calling for more legislative oversight of the state’s courts and judges are starting to see those demands turn into policy.
The Montana Judges Association has come out in opposition to so many bills in the last month, the group’s lobbyist Bruce Spencer told a committee of lawmakers he was happy to stand as a proponent Wednesday morning.
“It does give me great pleasure to appear on behalf of the Montana Judges Association in support of one of Senator [Greg] Hertz’s bill,” Spencer said.
Spencer spoke in support of Senate Bill 252, which would put judicial officers under the purview of the Montana Commissioner of Political Practices, the state office monitoring campaign finance and ethics violations.
Just a few hours later, Spencer was once again speaking on a bill brought by Republican Sen. Greg Hertz of Polson. But this time he spoke in opposition of the proposal that would allow candidates to declare party affiliation in nonpartisan races, including school boards, some local governments and judges. Hertz says Senate Bill 200 would give voters important information ahead of an election, and that the political leanings of judges are often already known.
“We see all of these nonpartisan organizations that we know aren’t nonpartisan. That label is just being misused for so many different things,” Hertz said.
Spencer says it’s important that judges are free from party influence.
“It is the vital feeling every litigant needs to have before a judge – that they are fair and that they are impartial,” he said.
One person spoke in support of the proposal. The Montana Federation of Public Employees, Montana Magistrates Association and the State Bar of Montana spoke in opposition, saying it would unnecessarily politicize nonpartisan positions.
A third bill from Hertz related to judicial elections advanced on the Montana Senate floor Wednesday. Senate Bill 201 allows lawyers with a case before a judge to request the judge’s recusal based on contributions to a prior campaign.
Most Democrats voted against it and say lawyers before a judge can already request recusals for any reason.
Sen. Hertz was the chair of a special interim committee that looked into allegations of bias and misconduct among members of the
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nathaphat/Getty Images/iStockphotoA fourth attempt to make judicial elections partisan has failed in the Montana Legislature. GOP lawmakers and Gov. Greg Gianforte put partisan judicial elections at the top of their priority list in an effort to further regulate the third branch. -
The 69th Legislature has less than a month left. Today, we're talking money. This is The Session, a look at the policy and politics inside the statehouse. This week, MTPR's Shaylee Ragar is joined by Eric Dietrich from the Montana Free Press. -
It's week 13 for the 69th Legislature. Proposals to regulate the judiciary are seeing limited success. And a public utility is seeking legislative protection during wildfire season. This is The Session, a look at the policy and politics inside the Montana statehouse.
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Shaylee RagarAttorney General Austin Knudsen asked the Montana Supreme Court Friday to dismiss any punishment for violating rules of conduct. The charges stem from strong language the attorney general used to rebuke the high court in a 2021 case. -
nathaphat/Getty Images/iStockphotoMontana’s governor signed a bill Tuesday dictating how judges may determine whether to block laws that are challenged in court.
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Shaylee RagarThe Montana Department of Justice opened an investigation into a Hamilton senator Wednesday. The Division of Criminal Investigation will gather facts to determine whether Republican Sen. Jason Ellsworth is guilty of criminal misconduct.
