Montana Supreme Court

Montana Supreme Court
Court Information
Justices: 7
Founded: 1889
Location: Helena, Montana
Salary
Associates: $162,503
Judicial Selection
Method: Nonpartisan election
Term: 8 years
Active justices
Beth Baker, Katherine M. Bidegaray, Ingrid Gayle Gustafson, Laurie McKinnon, James A. Rice, Jim Shea, Cory Swanson

Founded in 1889, the Montana Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Cory Swanson.

As of January 2025, four judges were initially elected in nonpartisan elections, two judges were initially appointed by a Democratic governor, and one judge was initially appointed by a Republican governor.

The Montana Supreme Court meets in the Joseph P. Mazurek Justice Building in Helena, Montana.

In Montana, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

Jurisdiction

Since Montana does not have an intermediate appellate court, the state supreme court hears appeals from all Montana District Courts, the Montana Water Court, and the Montana Workers' Compensation Court. The Montana Supreme Court may not reject an appeal from the lower courts.

The court also has original jurisdiction, meaning it may hear a case for the first time. It may use its original jurisdiction in cases of habeas corpus, in exercising supervisory control of lower courts, and in cases dealing with only legal or constitutional questions.

The supreme court has jurisdiction over admission of attorneys to the state bar, attorney discipline, and judicial standards and disciplinary action. The court is responsible for rulemaking and administrative oversight of the judicial branch, and does so in part through the sentencing review division, commission on rules and evidence, access to justice commission, and the gender fairness commission.

The chief justice presides over the District Court Council that is responsible for creating policies and procedures certain district court issues including workload, resource allocation, hiring policies, court procedures, information technology, court reporters, and other issues related to state funding.

The following text from Article VII, Section 2 of the Montana Constitution covers the jurisdiction of the court:

“	Supreme Court Jurisdiction (1) The supreme court has appellate jurisdiction and may issue, hear, and determine writs appropriate thereto. It has original jurisdiction to issue, hear, and determine writs of habeas corpus and such other writs as may be provided by law. (2) It has general supervisory control over all other courts. (3) It may make rules governing appellate procedure, practice and procedure for all other courts, admission to the bar and the conduct of its members. Rules of procedure shall be subject to disapproval by the legislature in either of the two sessions following promulgation. (4) Supreme court process shall extend to all parts of the state.	”
—Montana Constitution Article VII, Section 2

Justices

The table below lists the current justices of the Montana Supreme Court, their political party, and when they assumed office.

Office	Name	Party	Date assumed office
Montana Supreme Court	Beth Baker	Nonpartisan	January 3, 2011
Montana Supreme Court	Katherine M. Bidegaray	Nonpartisan	January 1, 2025
Montana Supreme Court	Ingrid Gayle Gustafson	Nonpartisan	January 1, 2018
Montana Supreme Court	Laurie McKinnon	Nonpartisan	2013
Montana Supreme Court	James A. Rice	Nonpartisan	2001
Montana Supreme Court	Jim Shea	Nonpartisan	June 2, 2014
Montana Supreme Court Chief Justice	Cory Swanson	Nonpartisan	January 1, 2025

Judicial selection

See also: Judicial selection in Montana

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.

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.

Chief justice

The chief justice of the court is selected through a nonpartisan election to an eight-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

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.

The map below highlights how vacancies are filled in state supreme courts across the country.

Montana Supreme Court clerk

See also: Montana Supreme Court Clerk of Court

The clerk of the Montana Supreme Court is elected to a six-year term. The clerk of court "controls the docket and filings, manages the appellate process, and is the custodian of the Seal of the Supreme Court and of all official Court records and files for the public and the Court." The clerk also "administers appellate mediation; issues subpoenas, writs and certificates; maintains the official roll of attorneys; and is responsible for licensing [Montana attorneys]."

Office	Name	Party	Date assumed office
Montana Supreme Court Clerk of Court	Bowen Greenwood	Republican	January 7, 2019

Elections

See also: Montana Supreme Court

2024

See also: Montana Supreme Court elections, 2024

The terms of two Montana Supreme Court justices expired on December 31, 2024. The two seats were up for nonpartisan election on November 5, 2024. The primary was June 4, 2024. The filing deadline was March 11, 2024.

The term of the Montana Supreme Court clerk expired on January 6, 2025. The clerk had to stand for partisan election on November 5, 2024, to remain in office. The primary was June 4, 2024. The filing deadline was March 11, 2024.

General election

General election for Montana Supreme Court Chief Justice

Cory Swanson defeated Jerry Lynch in the general election for Montana Supreme Court Chief Justice on November 5, 2024.

		Candidate	%	Votes
✔		Cory Swanson (Nonpartisan)	53.8	296,545
		Jerry Lynch (Nonpartisan)	46.2	254,595

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 551,140
= candidate completed the Ballotpedia Candidate Connection survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court Chief Justice

Cory Swanson and Jerry Lynch defeated Doug Marshall in the primary for Montana Supreme Court Chief Justice on June 4, 2024.

		Candidate	%	Votes
✔		Cory Swanson (Nonpartisan)	46.3	121,549
✔		Jerry Lynch (Nonpartisan)	37.5	98,622
		Doug Marshall (Nonpartisan)	16.2	42,562

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 262,733
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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General election

General election for Montana Supreme Court

Katherine M. Bidegaray defeated Dan Wilson in the general election for Montana Supreme Court on November 5, 2024.

		Candidate	%	Votes
✔		Katherine M. Bidegaray (Nonpartisan)	54.1	299,480
		Dan Wilson (Nonpartisan)	45.9	254,294

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 553,774
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court

Katherine M. Bidegaray and Dan Wilson defeated Jerry O'Neil in the primary for Montana Supreme Court on June 4, 2024.

		Candidate	%	Votes
✔		Katherine M. Bidegaray (Nonpartisan)	48.6	127,301
✔		Dan Wilson (Nonpartisan)	34.6	90,563
		Jerry O'Neil (Nonpartisan)	16.8	44,058

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 261,922
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Withdrawn or disqualified candidates

• John Morrison (Nonpartisan)

General election

General election for Montana Supreme Court Clerk of Court

Incumbent Bowen Greenwood defeated Erin Farris-Olsen and Roger Roots in the general election for Montana Supreme Court Clerk of Court on November 5, 2024.

		Candidate	%	Votes
✔		Bowen Greenwood (R)	56.9	330,503
		Erin Farris-Olsen (D)	38.9	226,105
		Roger Roots (L)	4.2	24,639

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 581,247
= candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary election

Democratic primary for Montana Supreme Court Clerk of Court

Erin Farris-Olsen defeated Jordan Ophus in the Democratic primary for Montana Supreme Court Clerk of Court on June 4, 2024.

		Candidate	%	Votes
✔		Erin Farris-Olsen	82.8	75,038
		Jordan Ophus	17.2	15,612

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 90,650
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Republican primary election

Republican primary for Montana Supreme Court Clerk of Court

Incumbent Bowen Greenwood defeated Jason Ellsworth in the Republican primary for Montana Supreme Court Clerk of Court on June 4, 2024.

		Candidate	%	Votes
✔		Bowen Greenwood	52.6	83,379
	Submit photo	Jason Ellsworth	47.4	74,999

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 158,378
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Libertarian primary election

The Libertarian primary election was canceled. Roger Roots advanced from the Libertarian primary for Montana Supreme Court Clerk of Court.

2022

See also: Montana Supreme Court elections, 2022

General election

General election for Montana Supreme Court

Incumbent James A. Rice defeated Bill D'Alton in the general election for Montana Supreme Court on November 8, 2022.

		Candidate	%	Votes
✔		James A. Rice (Nonpartisan)	77.5	307,270
		Bill D'Alton (Nonpartisan)	22.5	89,008

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 396,278
= candidate completed the Ballotpedia Candidate Connection survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court

Incumbent James A. Rice and Bill D'Alton advanced from the primary for Montana Supreme Court on June 7, 2022.

		Candidate	%	Votes
✔		James A. Rice (Nonpartisan)	76.2	189,101
✔		Bill D'Alton (Nonpartisan)	23.8	59,168

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 248,269
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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General election

General election for Montana Supreme Court

Incumbent Ingrid Gayle Gustafson defeated James Brown in the general election for Montana Supreme Court on November 8, 2022.

		Candidate	%	Votes
✔		Ingrid Gayle Gustafson (Nonpartisan)	54.3	239,219
		James Brown (Nonpartisan)	45.7	201,159

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 440,378
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court

Incumbent Ingrid Gayle Gustafson and James Brown defeated Mike McMahon in the primary for Montana Supreme Court on June 7, 2022.

		Candidate	%	Votes
✔		Ingrid Gayle Gustafson (Nonpartisan)	48.1	126,423
✔		James Brown (Nonpartisan)	36.4	95,607
		Mike McMahon (Nonpartisan)	15.5	40,872

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 262,902
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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2020

See also: Montana Supreme Court elections, 2020

General election

General election for Montana Supreme Court

Incumbent Laurie McKinnon defeated Mike Black in the general election for Montana Supreme Court on November 3, 2020.

		Candidate	%	Votes
✔		Laurie McKinnon (Nonpartisan)	57.0	303,839
		Mike Black (Nonpartisan)	43.0	229,232

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 533,071
= candidate completed the Ballotpedia Candidate Connection survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court

Incumbent Laurie McKinnon and Mike Black defeated Mars Scott in the primary for Montana Supreme Court on June 2, 2020.

		Candidate	%	Votes
✔		Laurie McKinnon (Nonpartisan)	53.3	169,546
✔		Mike Black (Nonpartisan)	29.7	94,445
		Mars Scott (Nonpartisan)	17.0	54,036

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 318,027
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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General election

General election for Montana Supreme Court

Incumbent Jim Shea won election in the general election for Montana Supreme Court on November 3, 2020.

		Candidate	%	Votes
✔		Jim Shea (Nonpartisan)	100.0	432,032

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 432,032
= candidate completed the Ballotpedia Candidate Connection survey.
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Nonpartisan primary election

Nonpartisan primary for Montana Supreme Court

Incumbent Jim Shea advanced from the primary for Montana Supreme Court on June 2, 2020.

		Candidate	%	Votes
✔		Jim Shea (Nonpartisan)	100.0	298,973

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 298,973
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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2018

Main article: Montana Supreme Court elections, 2018

Candidates and election results

Supreme Court

General election

General election for Montana Supreme Court

		Candidate	%	Votes
✔		Ingrid Gayle Gustafson (Nonpartisan)	83.7	365,795
		Other/Write-in votes	16.3	71,451

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 437,246
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
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General election

General election for Montana Supreme Court

		Candidate	%	Votes
✔		Beth Baker (Nonpartisan)	83.3	369,877
		Other/Write-in votes	16.7	74,126

---

	Incumbents are bolded and underlined. The results have been certified. Source	Total votes: 444,003
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

General election

General election for Montana Supreme Court Clerk of Court

		Candidate	%	Votes
✔		Bowen Greenwood (R)	51.5	247,130
	Submit photo	Rex Renk (D)	42.6	204,411
		Roger Roots (L)	6.0	28,760

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 480,301
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Democratic primary election

Democratic primary for Montana Supreme Court Clerk of Court

		Candidate	%	Votes
✔	Submit photo	Rex Renk	100.0	95,361

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 95,361
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

Republican primary election

Republican primary for Montana Supreme Court Clerk of Court

		Candidate	%	Votes
✔		Bowen Greenwood	100.0	124,567

---

	There were no incumbents in this race. The results have been certified. Source	Total votes: 124,567
= candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.
Do you want a spreadsheet of this type of data? Contact our sales team.

2016

Candidates

Chief Justice (McGrath's seat)

■ Mike McGrath (Incumbent/Unopposed)

Seat 3 (Cotter's seat)

Justice Patricia O'Brien Cotter retired in 2016.
■ Kristen Juras
■ Dirk M. Sandefur

Seat 6 (Shea's seat)

■ Jim Shea (Incumbent/Unopposed)

Election results

November 8 general election

Dirk M. Sandefur defeated Kristen Juras in the general election for the Montana Supreme Court, Seat 3.

Montana Supreme Court, Seat 3, 2016
Candidate	Vote %	Votes
Dirk M. Sandefur	56.13%	254,811
Kristen Juras	43.87%	199,148
Total Votes (686 of 686 precincts reporting: 100%)		453,959
Source: Montana Secretary of State

Mike McGrath was retained in the Montana Supreme Court, Chief Justice Seat election with 81.76% of the vote.

Montana Supreme Court, Chief Justice Seat, 2016
Name	Yes votes
Mike McGrath	81.76%
Source: Montana Secretary of State

Jim Shea was retained in the Montana Supreme Court, Seat 6 election with 81.40% of the vote.

Montana Supreme Court, Seat 6, 2016
Name	Yes votes
Jim Shea	81.40%
Source: Montana Secretary of State

June 7 primary

Montana Supreme Court Primary, Seat 3, 2016
Candidate	Vote %	Votes
Kristen Juras	44.10%	100,846
Dirk M. Sandefur	34.48%	78,855
Eric Mills	21.41%	48,965
Total Votes (686 of 686 precincts reporting: 100%)		228,666
Source: Montana Secretary of State Official Results

Montana Supreme Court Primary, Chief Justice Seat, 2016
Candidate	Vote %	Votes
Mike McGrath Incumbent (unopposed)	100.00%	237,577
Total Votes (686 of 686 precincts reporting: 100%)		237,577
Source: Montana Secretary of State Official Results

Montana Supreme Court Primary, Seat 6, 2016
Candidate	Vote %	Votes
Jim Shea Incumbent (unopposed)	100.00%	227,153
Total Votes (686 of 686 precincts reporting: 100%)		227,153
Source: Montana Secretary of State Official Results

2014

See also: Montana Supreme Court elections, 2014

See also: Montana judicial elections, 2014

Seat 1

Candidate	Incumbency	Primary Vote	Election Vote
HerbertW. David Herbert	No	23.5%A	21.6%   D
RiceJames Rice (Montana)A	Yes	76.2%A	78.2%   A

Seat 2

Candidate	Incumbency	Primary Vote	Election Vote
VanDykeLawrence VanDyke	No	38.2%A	40.8%   D
WheatMichael E. WheatA	Yes	61.5%A	59.1%   A

• Election history, 2008-2012 (click to expand)

  2012

  See also: Montana judicial elections, 2012

  Candidate	Incumbency	Department	Primary Vote	Election Vote
  MorrisBrian Morris   A	Yes		72.29%A	A
  SheehyEd Sheehy	No	Number 5	34.20%A	43.88%   A
  BestElizabeth Best	No	Department 2	32%
  McKinnonLaurie McKinnon   A	No	Number 5	33.49%A	56.11%   A

  2010

  See also: 2010 State Supreme Court elections

  Beth Baker and Nels Swandal competed to fill the seat vacated by William Leaphart. Beth Baker succeeded in her bid.

  Montana Supreme Court 2010 General election results
  Candidates		Votes	Percent
  Beth Baker		n/a	52%
  Nels Swandal		n/a	48%

  Incumbent Michael E. Wheat ran uncontested and was re-elected.

  Montana Supreme Court 2010 General election results
  Candidates		Votes	Percent
  Michael E. Wheat		n/a	n/a'%'

  2008

  See also: State Supreme Court elections, 2008

  Mike McGrath and Ron Waterman competed to fill the seat left vacant by chief judge Karla M. Gray. McGrath succeeded in his bid.

  Montana Supreme Court 2008 General election results
  Candidates		Votes	Percent
  Mike McGrath		n/a	75%
  Ron Waterman		n/a	25%

  Incumbent Patricia O'Brien Cotter ran uncontested and was re-elected.

  Montana Supreme Court 2008 General election results
  Candidates		Votes	Percent
  Patricia O'Brien Cotter		n/a	n/a

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.

Montana Supreme Court caseload data
Year	Filings	Dispositions
2023	743	668
2022	733	677
2021	657	663
2020	669	713
2019	711	637
2018	721	699
2017	743	764
2016	765	761
2015	806	783
2014	822	772
2013	860	848
2012	778	702
2011	775	732
2010	650	629
2009	677	861
2008	649	783

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 7
• Number of cases: 323
• Percentage of cases with a unanimous ruling: 89.5% (289)
• Justice most often writing the majority opinion: Justice Ingrid Gustafson (61)
• Per curiam decisions: 0
• Concurring opinions: 19
• Justice with most concurring opinions: Justices James Rice and Ingrid Gustafson (5 and 5)
• Dissenting opinions: 45
• Justice with most dissenting opinions: Justice Laurie McKinnon (13)

For the study's full set of findings in Montana, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

Montana had a Court Balance Score of -0.71, indicating Split control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Montana was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Montana received a score of -0.87. Based on the justices selected, Montana was the 6th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.

Noteworthy cases

The following are noteworthy cases heard before the Montana Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

• Constitutionality of a tax credit program (2018)	Click for summary→
In a 5-2 decision, the Montana Supreme Court reversed a decision from the Montana 11th Judicial District Court. The 11th Judicial District Court had held that a rule from the Montana Department of Revenue was "based on an incorrect interpretation of the law" and prohibited its enforcement. The rule had been implemented to ensure a tax credit program was compliant with the Montana Constitution. The state supreme court held that the rule was unnecessary, as the tax credit program itself was unconstitutional. The case was brought by plaintiffs whose children attended religiously-affiliated private schools. The plaintiffs challenged the Department of Revenue, which had instituted a rule barring religiously-affiliated private schools from qualifying as an education provider under a tax credit program that provided dollar-to-dollar tax credits of up to $150 to taxpayers donating to organizations providing scholarships for students who attend private schools. Following the state supreme court's ruling, the plaintiffs appealed to the U.S. Supreme Court. SCOTUS accepted the case on June 28, 2019. The U.S. Supreme Court reversed and remanded the Montana Supreme Court's ruling in a 5-4 opinion, holding the application of Article X, Section 6 of the Montana Constitution violated the free exercise clause of the U.S. Constitution. The majority held that the application of Article X, Section 6 was unconstitutional because it barred religious schools and parents who wished to send their children to those schools from receiving public benefits because of the religious character of the school.

• Court orders AG to rewrite statement for bathroom bill initiative (2017)	Click for summary→
On September 19, 2017, the Montana Supreme Court ruled that Attorney General Tim Fox (R) needed to rewrite his ballot statement for a bathroom bill initiative. The initiative would have required individuals to use the private facilities, including changing facilities, locker rooms, restrooms, and shower rooms, in public schools and government buildings designated for an individual's biological sex, as determined by anatomy and genetics, at the time of birth. The ACLU of Montana filed a lawsuit against the state of Montana, represented by Attorney General Fox, contending that the ballot statement was misleading and prejudicial and the fiscal note was insufficient. The ACLU of Montana argued that Fox’s ballot statement obscured “the primary and most controversial function of the initiative: the exclusion of transgender people from gender-appropriate facilities” and created prejudice in favor of the initiative. The group asked the court to prohibit the initiative from appearing on the ballot or order the attorney general to rewrite the ballot statement and fiscal note. Attorney General Fox argued that his ballot statement was legally sufficient and fairly stated what the initiative proposed. He said the changes requested by the ACLU of Montana would create prejudice against the initiative. He said the terms that plaintiffs wanted to see in the ballot statement were "not mentioned in I-183 or even defined in state law.” The Montana Supreme Court ruled in favor of the ACLU of Montana, requiring Attorney General Fox to rewrite the ballot statement. The court said it intervened because the ballot statement would “prevent a voter from casting an intelligent and informed ballot.” The justices also ruled that the fiscal note needed to include information on long-term costs; costs to local governments, K-12 schools, and public universities; legal fees; and uncertain costs. Read more about the court case, the supreme court’s ruling, and the attorney general’s ballot title here.

• Right to sue for lack of government openness (2014)	Click for summary→
In a 6-0 decision, the Montana Supreme Court reversed its own 2006 ruling that required a plaintiff to prove personal injury in order to sue a government agency for lack of transparency and openness. The 2014 case was brought by Brian Shoof against the county commissioners of Custer County. In a closed, unannounced meeting in 2007, the commission decided that county officials could receive money instead of health insurance premiums. When Shoof learned of this policy in 2011, he filed a challenge to reverse the policy and get the cash payments returned. His case was dismissed by a district court, but the supreme court ruled on his behalf, finding that citizens have the ability to bring a lawsuit against a government agency for not complying with the state's right-to-know laws without having to prove their personal stake or injury.

• Doctor-assisted suicide (2009)	Click for summary→
In 2009, the Montana Supreme Court made a decision in Baxter vs. Montana that would protect doctors from prosecution for assisting in the death of a terminally ill patient. Robert Baxter, the plaintiff, suffered from lymphocytic leukemia and had died the previous year. It was a 4-3 ruling, and four separate opinions were filed between the seven justices. The majority used a 1985 law to back their opinion, which dealt with the withdrawal of treatment for the terminally ill. Those in dissent said "[t]he statute provides no support for physicians shifting from idle onlookers of natural death to active participants in their patients’ suicides." Despite ruling in favor of Baxter, the decision did not address whether physician-assisted suicide was a constitutional right, leaving that debate for the Montana Legislature.

Before the U.S. Supreme Court

This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.

2025-2026 term

See also: Supreme Court cases, October term 2025-2026

The following case is scheduled for argument before the U.S. Supreme Court during the 2025-2026 term.

2025-2026 Montana Supreme Court
Case	Opinion author	Decision	Vote
Case v. Montana	TBA	TBA	TBA

Ethics

Judicial ethics

The Montana Code of Judicial Conduct was revised in 2014. It is composed of four canons:

“

1. A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. 2. A judge shall perform the duties of judicial office impartially, competently, and diligently. 3. A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office. 4. A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.

”

Read the code in its entirety here.

Removal of justices

The Montana State Legislature has the power to remove a supreme court justice with a two-thirds vote of the Montana House of Representatives to impeach and a two-thirds vote of a tribunal to convict.

Montana Judicial Standards Commission

An ethics complaint about a supreme court justice may be filed with the Montana Judicial Standards Commission. After investigation, the commission may impose an admonishment or private reprimand, or it may recommend to the Montana Supreme Court a public reprimand, censure, suspension, removal, or permanent removal.

The Montana Judicial Standards Commission comprises five members who serve four-year terms. District court judges elect two members to the commission who are judges from different judicial districts. The Montana Supreme Court appoints one member who is an attorney who has practiced law in Montana for at least 10 years. The governor appoints two state residents from different congressional districts who are not, and never have been, judges or attorneys.

History of the court

The territory of Montana was created in 1864 and judicial power was vested in a supreme court, district courts, probate courts, and justice of the peace courts. President Abraham Lincoln appointed the first three justices. The justices rode circuit serving judicial districts, and then additionally presided over appeals. In 1886 the U.S. Congress appointed a fourth justice so that any one justice could recuse himself in an appeal where he had previously tried the case in district court.

After statehood in 1889, the judiciary was guided by the state's first constitution. Justices and judges were elected through partisan elections. This was briefly changed to nonpartisan elections in 1909, and then in 1935 the legislature made judicial elections nonpartisan again. The first constitution provided that justices would serve six-year terms and that there would be three justices on the supreme court. In 1919 the legislature increased the membership of the court to five, where it remained until 1979, when the legislature added two more members, thus reaching the constitutional limit of seven justices.

The current Montana Constitution, passed in 1972, extended supreme court justice terms from six to eight years. Judicial selection in Montana also changed. The governor appoints a justice if a vacancy occurs from a list of 3-5 names provided by the Montana Judicial Nominating Commission. The nomination must be approved by the state senate. Candidates can file to run in a nonpartisan election against a judge seeking re-election, or if there is an open seat. If an election is unopposed, voters may vote yes or no to select the judge. Justices must be licensed to practice law in the state for at least five years.

Notable firsts

• 1989: Diane Barz became the first female justice on the Montana Supreme Court. Prior to that, she was the first woman to serve as a district judge in the state.

Courts in Montana

See also: 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.

• Federal courts
• State supreme court
• Trial courts

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.

The structure of Montana's state court system.

Party control of Montana state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Montana has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

Montana Party Control: 1992-2025
No Democratic trifectas  •  Fifteen years of Republican trifectas
Scroll left and right on the table below to view more years.

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24	25
Governor	R	R	R	R	R	R	R	R	R	R	R	R	R	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	R	R	R	R	R
Senate	D	D	D	R	R	R	R	R	R	R	R	R	R	D	D	D	D	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R
House	D	R	R	R	R	R	R	R	R	R	R	R	R	S	S	R	R	S	S	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R

See also

Montana	Judicial Selection	More Courts
Courts in Montana Montana Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Montana	Federal courts State courts Local courts

External links

• Montana Supreme Court
• Brief History of the Montana Judicial Branch

Footnotes

Montana courts

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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