Alternative State Supreme Court Race

Article Summary –

The race to replace retiring Montana Supreme Court Justice Dirk Sandefur features two district court judges and a former Republican legislator who is not a member of the bar. The two judges vying for the seat are Flathead County District Court Judge Dan Wilson and 7th Judicial District Judge Katherine Bidegaray. The third contender, Jerry O’Neil, who has practiced law only before the Blackfeet Tribal Court, is currently engaged in a lawsuit against the state Supreme Court and the bar association arguing that the Montana Constitution’s requirement that a judge be “admitted to the practice of law in Montana for at least five years” is unconstitutional.


Montana Supreme Court Race Intensifies

Montana’s Supreme Court race heats up with a three-way contest to replace retiring Justice Dirk Sandefur. District court judges Dan Wilson and Katherine Bidegaray, and former Columbia Falls Republican lawmaker Jerry O’Neil are the contenders. Despite the officially nonpartisan nature of this election, it seems to be defined by the high-stakes politics of constitutional law in Montana. Stay updated with our free Capitolized newsletter.

Both Wilson and Bidegaray are acknowledged for their judicial experience, while O’Neil is known for his desire to shake up the status quo. The race’s political undertone is apparent, with Republican Governor Greg Gianforte supporting Wilson, and former Montana Supreme Court Justice Mike Wheat backing Bidegaray. Wheat describes the race as a fight between the “right wing” and the “right side.”

Supreme Court justices handle important cases related to constitutional law and rights, making these elections a hotbed for political activity. Cases related to abortion rights are among those adjudicated at this level.

Wilson, a multigenerational Montana family man, believes in the fairness and basic respect that Montanans have for one another. Bidegaray, the child of Basque parents, emphasizes the importance of a strong, nonpartisan judiciary for a functional democracy.

Meanwhile, O’Neil, a non-bar member, is engaged in a lawsuit against the state Supreme Court and the bar association, arguing that the requirement of admitted practice of law in Montana for at least five years is unconstitutional.

Given this is a top-two, nonpartisan race, Bidegaray and Wilson are almost assured to make the ballot in November.

Montana Legislative Elections and New District Maps

Montana’s legislative elections will be held on a new legislative district map that accounts for population shifts recorded by the 2020 census. Both Democrats and Republicans expect the new map to provide Democrats with chances to gain a few seats in the Legislature, which will likely remain under Republican control.

The precinct-level voting data suggests that the new map includes 15 safe Democratic districts and another 24 that lean Democratic. This could potentially give Democrats a 39-seat caucus in the House.

The Senate could also see a similar shift toward the minority party with an additional three safe districts and six Democrat-leaning districts, totalling 18 likely Democratic seats.

These shifts, however, are contingent on voter choices in the upcoming election which may not reflect the predicted patterns.

On Background

For deeper insights into the politics and philosophy of the chief justice race, updates on new legislative maps, and the feud between Superintendent of Public Instruction Elsie Arntzen and the Legislature, check out these links:


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