Opposition to Partisan Judicial Elections in Montana: A Call to Preserve Independence and Impartiality

The Montana State Committee of the American College of Trial Lawyers is taking a stand against a proposed special legislative session that could potentially introduce partisan politics into judicial elections in the state.

The request for the special session came from a small group of legislators who believe that judicial candidates should have their party affiliations appear on ballots for the upcoming election in November 2024 to fill two vacant seats on the Montana Supreme Court. However, the American College of Trial Lawyers strongly opposes this proposal, citing the importance of maintaining an independent, fair, and impartial judiciary.

According to the Committee, Montana has a long history of ensuring non-partisan judicial elections, dating back to 1935 when legislation was enacted to prevent partisan influences in the judiciary. The Committee argues that introducing partisan politics into judicial elections could erode public confidence in the independence and impartiality of the judiciary, as judges should be free from political influence when making decisions.

The Committee emphasizes that while the Legislature may be partisan by design, the courts should remain impartial. They warn that forgetting the lessons learned from past attempts to introduce partisan politics into judicial elections could threaten the foundation of democracy in Montana.

The members of the Montana State Committee of the American College of Trial Lawyers, including state chair Mikel L. Moore and state vice chair L. Randall Bishop, are urging legislators to reconsider the proposal and uphold the non-partisan tradition of judicial elections in the state.