Republican lawmakers release their proposed changes to the judiciary

A special committee of lawmakers that’s looked into the judicial branch over the last two years has concluded its work. They’re advancing 27 proposals to the state Legislature for consideration.

Republicans on the committee say the goal of the bills is to curb what they call judicial overreach. Democrats have refused to participate in the committee, calling it a sham.

The bills include defining the separation of powers between the three branches of government. Republican Sen. Daniel Emrich of Great Falls will sponsor the proposal.

“It creates boundaries and fences that every branch can see,” Emrich says.

The committee bill says each branch is limited to the powers laid out for them in the state Constitution, except for the legislative branch. The bill says the Legislature's powers are included in, but not limited to the powers explicitly outlined.

Other proposals would make judicial elections partisan, limit judges' ability to block legislation while court challenges play out, and allow legislative and executive branch leaders to vacate judicial orders for public officials in some cases.

Republican legislators have been highly critical of the judiciary in recent years, and argue the court shows bias against conservative policies. Many judges have dismissed those allegations.

At a press conference Wednesday, former Republican Gov. Marc Racicot, Democratic lawmakers and former District Court Judge Jim Reynolds condemned the proposed legislation. They argue the bills undermine the independence of the judiciary.

Reynolds says he believes the lawmakers have an ulterior motive.

“It’s an attempt by a particular party to control, exclusively, all branches of the government,” he says.

All 27 proposals are now in the drafting process. The 69th legislative session convenes in January.