Understanding the Role of a Supreme Court Clerk

Article Summary –

The Montana Supreme Court clerkship is unique as it is a partisan election every six years and the incumbent, Republican Bowen Greenwood, is seeking re-election. Greenwood believes it’s essential for a Republican official to exist within the high court due to escalating criticism from the GOP in recent years. His opponent, Democrat Erin Farris-Olsen, wants to keep the clerkship politically neutral and believes Greenwood’s overt partisanship is a liability to the administration of justice.


The Uniqueness of the Montana Supreme Court Clerk Position

The position of the Montana Supreme Court clerk stands out from most other state supreme court clerks. It’s unique because it is an elected, partisan position as mandated by statute.

Every six years, potential clerks must campaign alongside court justices, U.S. senators, and other high-ranking officials. They must also clarify their role as a partisan officer in a nominally non-partisan setting. Candidates handle this inconsistency differently.

Incumbent clerk, Republican Bowen Greenwood, is campaigning for re-election. Both he and his primary challenger, Senate President Jason Ellsworth, R-Hamilton, argue that it’s crucial to have a Republican official within the high court. They emphasize this need given the escalating criticism the court has faced from the GOP recently.

Role and Responsibilities of the Clerk

The clerk’s duties are predominantly administrative. They include filing papers and court transcripts, maintaining a roll of attorneys who argue before the court, transmitting copies of documents to other courts, and other similar tasks.

“The clerk is the keeper of all the court’s legal records,” Greenwood noted. He also expressed his belief in transparency and his commitment to improving public access to the court’s document tracking system.

The Political Divide in the Clerkship Race

On the opposite side, attorney Erin Farris-Olsen wants to maintain the clerkship as politically neutral as possible. Farris-Olsen perceives Greenwood’s explicit partisanship as a threat to the fair administration of justice.

“The court should serve all people, not politics,” Farris-Olsen said.

Special Session Requests from Republican Lawmakers

This week, three groups of Republican lawmakers announced three separate calls for a special session, each addressing different political issues during this election cycle.

Two of the special session requests call for tightening immigration laws. The calls come in response to the arrival of a Venezuelan migrant family in Flathead County, which has caused controversy among state and federal Republican politicians.

Public School Levy Votes Yield Mixed Results

Montana voters were asked to weigh in on funding requests from local school districts, resulting in mixed outcomes in larger communities. Some levy requests were approved, while others were rejected.

Local school leaders and public education advocates have emphasized the importance of these levies in light of the multi-million dollar budget shortfalls facing several school districts as they prepare for the next academic year.


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