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Judicial selection in Montana
| Judicial selection in Montana | |
 | |
| Montana Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| Montana District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Montana, including:
As of April 2025, judges for all courts in the state except the Montana Water Court, Montana Workers' Compensation Court, and some Montana City Courts were selected through nonpartisan elections.[1][2][3] Judges for the Montana Water Court were selected by committees of district court judges.[4] The Montana Workers' Compensation Court judge was selected through gubernatorial appointment.[5] Montana City Court judges could either be elected or appointed.[3]
Click here to notify us of changes to judicial selection methods in this state.
Montana Supreme Court
- See also: Montana Supreme Court
The seven justices on the Montana Supreme Court are selected through nonpartisan elections to eight-year terms. When their terms expire, justices must run for re-election if they wish to remain on the court. If unopposed, a justice must stand for a yes-no retention election.[1][6]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a state resident for at least two years; and
- licensed to practice law in the state for at least five years.[1]
Chief justice
The chief justice of the court is selected through a nonpartisan election to an eight-year term.[1]
Vacancies
In the event of a midterm vacancy, the governor is responsible for appointing a new justice to the court. Once confirmed by the Montana state Senate, the justice will hold office until the next regular election. At that time, the appointed justice will be able to run for re-election or retention to complete the remainder of the unexpired term.[6]
The map below highlights how vacancies are filled in state supreme courts across the country.
Montana District Courts
- See also: Montana District Courts
The judges of the Montana District Courts are selected through nonpartisan elections to six-year terms. When their terms expire, district court judges must run for re-election if they wish to remain on the court. If unopposed, a judge must stand for a yes-no retention election.[1][6]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a state resident for at least two years;
- a resident of the district represented; and
- licensed to practice law in the state for at least five years.[1]
Chief judge
The chief judge of each district court is chosen on the basis of seniority. The position rotates yearly.[1]
Vacancies
In the event of a midterm vacancy, the governor is responsible for appointing a new judge to the court. Once confirmed by the Montana state Senate, the judge will hold office until the next regular election. At that time, the appointed judge will be able to run for re-election or retention to complete the remainder of the unexpired term.[6]
Montana Water Court
- See also: Montana Water Court
Judges of the Montana Water Court are appointed by committees of district court judges from the judicial districts within the water division in question. To be appointed as a water court judge, a prospective judge must be an active or retired district judge from a judicial district within the water division.[4] Water court judges serve four-year terms.[7]
The chief water judge and associate water judge are appointed by the chief justice of the Montana Supreme Court.[8][9]
Montana Workers' Compensation Court
- See also: Montana Workers' Compensation Court
The Montana Workers' Compensation Court judge is appointed by the governor and confirmed by the state Senate. The term for the workers' compensation judge is six years. The judge must be a U.S. citizen, a state resident for at least two years, and licensed to practice law in the state for at least five years.[5]
Limited jurisdiction courts
Montana has three types of limited jurisdiction courts: the city courts, municipal courts, and justice courts.[2] For more information on these elections, visit the Montana judicial elections page.
Montana City Courts
- See also: Montana City Courts
Judges of the Montana City Courts may either be elected in a nonpartisan election or appointed. Montana City Court judges serve four-year terms. To serve on this court, a judge must be a U.S. citizen and a county resident.[2][3]
Montana Municipal Courts
- See also: Montana Municipal Courts
Judges of the Montana Municipal Courts are selected through nonpartisan elections to four-year terms. To serve on this court, a judge must be a U.S. citizen, a state resident, a county resident for one year, and licensed to practice law in the state for three years.[2][3]
Montana Justice Courts
- See also: Montana Justice Courts
Judges of the Montana Justice Courts are selected through nonpartisan elections to four-year terms. To serve on this court, a judge must be a U.S. citizen and a county resident for one year.[2][3]
History
Below is a timeline noting changes to judicial selection methods in Montana, presented in reverse chronological order.[10]
- 2021: On March 16, 2021, Gov. Greg Gianforte (R) signed a bill repealing the Montana Judicial Nominating Commission. This bill changed the selection process for filling vacancies on the state supreme court and in the state's district courts, as well as the selection of the workers' compensation judge, from assisted appointment to gubernatorial appointment.[5][11][12] On June 11, 2021, the Montana Supreme Court ruled that the law was constitutional.[13]
- 1974: Incumbent judges running unopposed must stand for a yes-no retention election.[10]
- 1973: The Montana Judicial Nominating Commission was established.[10]
- 1972: The tenure of supreme court justices was increased from six years to eight, and the tenure of district court judges was increased from four years to six.[10]
- 1935: The Montana State Legislature passed a new law instituting nonpartisan judicial elections.[10]
- 1911: The Montana Supreme Court declared the nonpartisan election law unconstitutional in State v. O'Leary.[10]
- 1909: The Montana State Legislature passed a law instituting nonpartisan judicial elections and requiring judicial candidates to be nominated by citizen petition.[10]
- 1889: Montana's 1889 constitution established that supreme court judges would be elected by popular vote to six-year terms and district court judges would be elected by popular vote to four-year terms.[14]
Courts in Montana
In Montana, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through Montana's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[15]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[16] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 National Center for State Courts, "Methods of Judicial Selection," accessed August 11, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 National Center for State Courts, "Methods of Judicial Selection: Montana," accessed August 11, 2021
- ↑ 3.0 3.1 3.2 3.3 3.4 Montana Judicial Branch, "Courts of Limited Jurisdiction," accessed August 11, 2021
- ↑ 4.0 4.1 Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-201)
- ↑ 5.0 5.1 5.2 Montana State Legislature, "SB 140," accessed August 15, 2021
- ↑ 6.0 6.1 6.2 6.3 Montana State Legislature, "The Constitution of the state of Montana," accessed August 11, 2021 (Article VII, part VII, section 8)
- ↑ Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-202)
- ↑ Montana Judicial Branch, "Water Court," accessed August 11, 2021
- ↑ Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-221)
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 National Center for State Courts, "History of Reform Efforts: Montana," accessed August 15, 2021
- ↑ Montana Free Press, "Gianforte signs bill allowing governors to appoint judges to vacant seats," March 17, 2021
- ↑ The Montana Standard, "Gianforte signs bill granting himself power to appoint judges upon vacancies," March 16, 2021
- ↑ Associated Press, "Montana law upheld allowing governor to appoint judges," June 11, 2021
- ↑ Montana Judicial Branch, "Constitution of the State of Montana," July 4, 1889
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana
State courts:
Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court
State resources:
Courts in Montana • Montana judicial elections • Judicial selection in Montana
