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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Republican lawmakers have ordered the Secretary of State to send a proposed ballot initiative to a legislative committee for review before signature-gathering begins. The request escalates tensions between the lawmakers and the state Supreme Court, which said this week such a review wasn’t required.
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Three bills moving through the state Legislature would give lawmakers broader authority to oversee both the judicial and executive branches.
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The Governor celebrates a major win midway through the legislative session. Democrats hope to fend off attempts to weaken the judiciary. And speculation grows over who will challenge Jon Tester for his Senate seat.
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Montana lawmakers are continuing to urge change to how the state’s judiciary operates. One bill to require judicial elections to become partisan has advanced.