Former Montana U.S. Attorney Bill Mercer has been nominated for a federal judgeship on the U.S. District Court. This nomination was announced by President Donald Trump, as confirmed by Montana U.S. Senators Steve Daines and Tim Sheehy. Court nominations require U.S. Senate approval to proceed. Mercer, currently a Billings attorney and state representative, chose not to comment on the nomination when approached by Montana Free Press.
“House Republicans proudly congratulate our colleague and friend, Representative Bill Mercer, on his nomination to the federal bench. Bill is a man of integrity, principle, and deep legal expertise. His decades of experience—as U.S. Attorney, federal prosecutor, and state legislator—have uniquely prepared him for this important role,” stated Montana House Speaker Brandon Ler, of Savage, in a press release. The nomination is seen as an honor for both Mercer and the state of Montana.
In the Montana federal court, two judges appointed by former President Barack Obama are nearing retirement. Judge Susan Watters will assume senior status next year, while Judge Dana Christensen is awaiting confirmation of his successor. In 2024, then-President Joe Biden nominated Danna Jackson to replace Christensen, but Senator Daines blocked the confirmation.
Mercer’s previous nomination by President George W. Bush as U.S. attorney in 2001 led to a full tenure during the Bush administration. During his service, Mercer encountered tension with the district’s chief justice. In 2006, U.S. District Judge Donald Molloy questioned Mercer’s commitment to justice, focusing on a controversial firearms case involving a defendant previously sentenced in state court.
Under Bush, Mercer was also part of the U.S. Department of Justice’s leadership in Washington, D.C. His absence from Montana caused conflict, prompting Judge Molloy to challenge his residency status for the position. Mercer defended his role, spending about three days a month in Montana. A 2006 amendment to the Patriot Act was introduced to adjust residency requirements, which was backdated to suit Mercer’s situation. In 2007, Senator Jon Tester requested Mercer’s resignation. Mercer then decided to focus solely on his duties in Montana.
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