Article Summary –
Three candidates are competing to replace retiring Montana Supreme Court Justice Dirk Sandefur: Flathead County District Court Judge Dan Wilson, 7th Judicial District Judge Katherine Bidegaray and former Republican lawmaker Jerry O’Neil. While the candidates are officially nonpartisan, the race is marked by the politics of constitutional law in the state. Former Montana Supreme Court Justice Mike Wheat described the contest as a battle between the “right wing” and the “right side,” with the winner shaping the future direction of the court.
Three Candidates Gun for Montana Supreme Court Justice Position
Two district court judges and a former state legislator are vying to replace retiring Montana Supreme Court Justice Dirk Sandefur. Flathead County District Court Judge Dan Wilson, 7th Judicial District Judge Katherine Bidegaray, and former GOP lawmaker Jerry O’Neil are lined up for the race that’s already marked by the politics of constitutional law in Montana.
The competition has a political semblance to the concurrent race to replace Chief Justice Mike McGrath. Republican Gov. Greg Gianforte, a Wilson supporter, claims the Montana Supreme Court is “making political decisions.” Former Montana Supreme Court Justice Mike Wheat, a Bidegaray supporter, notes the intent of some to win and control the Supreme Court.
Recent Montana Supreme Court elections have seen escalating costs and political tension. This is partly due to the Supreme Court’s role in arbitrating constitutional cases, like abortion, and the intensified fervor following Gov. Gianforte’s 2020 election and ensuing legislative disagreements.
Wilson, a district court judge since 2017, remains unconcerned about the political turbulence. Proclaiming himself an “optimist,” he believes Montanans’ basic respect for each other will overcome recent legislative and judicial disputes. He expressed a desire for more precedent-setting opinions and public arguments for transparency.
Bidegaray, a University of Montana law school graduate, perceives that democracy is under assault requiring a strong judiciary. She emphasizes nonpartisanship as key to an effective judiciary. She attributes her readiness for the position to her over two decades on the bench and over a decade in private practice.
O’Neil, not a Montana Bar member, sees his candidacy as an opportunity to disrupt the Bar’s monopoly. He is currently suing the state Supreme Court and the bar association, arguing that the need for five years of law practice in Montana to become a judge is unconstitutional.
The outcome of this top-two, nonpartisan race will be decided in the coming November elections.
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