Ahead of a deadline for general policy bills to advance, Montana lawmakers have voted down four different proposals that would have made judicial elections partisan. But efforts to alter how judges reach the bench aren’t over.
Republican legislators proposed adding party affiliation under judges’ names on ballots, either optionally or mandatorily. They argue it would provide voters with more information and add transparency to the courts.
Opponents, including the Montana Bar Association, say the bills would add partisanship into a branch that’s supposed to remain neutral, and result in distrust of the courts.
While those proposals failed, Republican Rep. Bill Mercer, an attorney from Billings, says he plans to bring another option during the second half of the session.
“You will be seeing a constitutional amendment proposal from me, which will seek to place on the ballot a proposal that Supreme Court justices be appointed by the governor and confirmed by the Senate,” Mercer said.
Proposed constitutional referendums require a two-thirds majority vote to pass the Legislature, and only amend the state’s bill of rights if voters approve them.
Two proposals to change the Judicial Standards Commission are also advancing in the statehouse — one to make complaints against judges public and another to add politically-appointed members to the commission.
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A 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.
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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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