Republican efforts to reform Montana courts are losing momentum as the legislative session approaches its end. Out of the 27 bills aimed at court regulation, only eight remain active. Efforts to require judicial candidates to declare political affiliations have largely failed, despite being a priority for Governor Greg Gianforte in his State of the State address. Lt. Gov. Kristin Juras supported partisan judicial races in testimony to legislative committees.
Montana Supreme Court Chief Justice Cory Swanson and the Montana Bar Association have warned lawmakers about judicial politicization. Swanson emphasized maintaining a nonpartisan judiciary in a February address. House Speaker Brandon Ler, R-Savage, responded by stating that Supreme Court reform remains a legislative commitment.
There is division among House members on making all judicial races partisan. Senate Bill 42, introduced by Sen. Daniel Emrich, D-Great Falls, suggested partisan races at all levels but failed in the House. Emrich warned of unchecked judicial power, likening judges to “black-robed tyrants.” Meanwhile, a bill allowing Supreme Court candidates to declare party affiliation was defeated.
The Montana Free Press-Eggleston poll revealed that limiting court powers is a low priority for voters, with only 20% believing courts are too powerful. From the Senate Select Committee on Judicial Oversight and Reform’s proposals, only House Bill 39 has been signed into law, repealing a ban on political contributions to judicial campaigns.
Another bill, Senate Bill 48 by Sen. Carl Glimm, R-Kila, which allows public discussion on judicial complaints, passed but faced opposition from the Montana State Bar Association. Glimm defended the bill as a free speech issue.
One surviving proposal is a judicial performance review bill, Senate Bill 45, sponsored by Senate Majority Leader Tom McGillvray, R-Billings. It offers voters a reference point and originated from a committee focused on judicial reform. Financial concerns halted a proposal for a “general claims court” with a higher salary than existing courts.
Several legislative attempts under the Republican majority have been struck down by the Montana Supreme Court, including those on abortion rights, voting laws, and environmental reviews. A bill proposing audit of the Office of Disciplinary Counsel failed, as did another seeking to protect attorneys in public office from disciplinary action.
An attempt by McGillvray to establish a governor-appointed court for constitutional issues failed due to cost concerns. Sen. Chris Pope, D-Bozeman, questioned the financial viability, noting proposed salaries exceed those of Supreme Court justices.
The 2024 select committee, led by Jason Ellsworth, R-Hamilton, faced setbacks due to his censure over failing to disclose a conflict of interest, impacting his legislative participation.
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