Montana’s new chief justice of the state Supreme Court gave lawmakers a “state of the judiciary” address Monday.
Chief Justice Cory Swanson broached the tension between Republican legislators and the judicial branch head on.
“America and Montana have experienced a changed political dynamic, which was expressed in legislation that some people called overdue. Other people called it overreach.”
Lawmakers this session are considering more than two dozen bills to regulate the judicial branch, including lowering the threshold for impeachment and making judicial races partisan.
Republican lawmakers accuse judges of misconduct and bias against conservative policies. The tension heightened in 2021, when lawmakers learned that judges polled themselves on legislation that would affect the branch.
Democrats say proposed regulations violate the separation of government powers.
Swanson said he understands it might “feel good” to make the judges’ jobs harder.
“But I urge you to reject legislation that will undermine the effective functioning of the judiciary. Not because judges don’t like it, but because it will ultimately harm Montana citizens.”
Swanson was elected last November. It’s the former county attorney’s first judgeship. Swanson was supported by Republican donors, and often signaled a conservative approach to the law.
He spoke in opposition to partisan judicial elections, a top priority for Republican's that’s also been endorsed by Gov. Greg Gianforte. Swanson says judicial elections should not be partisan, in order to maintain the impartiality of the courts.
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