Montana 1st Judicial District Court
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The Montana 1st Judicial District Court resides in Montana. Click on the links below to learn more about the court's...
Jurisdiction
This court holds the following jurisdiction:[1]
| “ | The District Courts are courts of general jurisdiction. General jurisdiction courts process all felony cases, all probate cases, most civil cases at law and in equity, certain special actions and proceedings, all civil actions that may result in a finding against the state for the payment of money, naturalization proceedings, various writs, and some narrowly-defined ballot issues. The District Courts also have limited appellate jurisdiction over cases arising in the Courts of Limited Jurisdiction in their respective districts as may be prescribed by law and consistent with the Constitution.[2] | ” |
Selection method
- See also: Judicial selection in the states
- See also: Nonpartisan elections
The 43 judges of the Montana District Courts are chosen in nonpartisan elections for six-year terms. At the end of their term, they must run for re-election. If a judge is unopposed for re-election, it becomes a retention election instead.[3]
The chief judge of each district court is chosen annually on the basis of seniority.[3]
Qualifications
To serve on this court, a judge must be:[3]
- 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.
Judicial elections in Montana
- See also: Montana judicial elections
Montana is one of seven states that use nonpartisan elections to initially select judges and then use retention elections to determine whether judges should remain on the bench. To read more about how states use judicial elections to select judges across the country, click here.
Nonpartisan election
In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. If only two candidates file for one judicial seat, both candidates advance to the general election.[4]
Retention election
If an incumbent is running unopposed, the incumbent judge will appear on the ballot for retention.[5]
The ballot for a retention election reads: "Shall (insert title of officer) (insert name of the incumbent officer) of the (insert title of the court) of the state of Montana be retained in office for another term?" Voters must then answer with either "Yes" or "No."[6]
See also
External links
Footnotes
- ↑ Montana Judicial Branch, "District Courts," accessed May 18, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 American Judicature Society, "Methods of Judicial Selection: Montana," accessed July 31, 2014
- ↑ Montana Code Annotated 2013, "Title 13, Chapter 14, Section 117," accessed March 20, 2014
- ↑ The Billings Gazette, "3 Yellowstone County judges to seek re-election," January 19, 2012
- ↑ Montana Code Annotated 2013, "Title 13, Chapter 14, Section 212," accessed April 28, 2014
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
