Montana Judicial Nominating Commission
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| Individual nominating committees |
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| Methods of judicial selection |
| Partisan elections |
| Nonpartisan elections |
| Michigan method |
| Retention elections |
| Assisted appointment |
| Bar-controlled commission |
| Governor-controlled commission |
| Hybrid commission |
| Legislative elections |
| Gubernatorial appointment |
The Montana Judicial Nominating Commission was the body in Montana that solicited applications and vetted candidates in the case of a mid-term vacancy on the Montana state courts.[1] The commission had seven members appointed by the governor, the Montana Supreme Court, and Montana district court judges.
On March 16, 2021, Gov. Greg Gianforte (R) signed a bill changing the judicial selection process for midterm vacancies on the state supreme court and in the state's district courts. Previously, the governor appointed a new judge from a list compiled by the Montana Judicial Nominating Commission. The new law effectively dissolved the Commission's role in the process and gave the governor sole appointing power. Nominees must still be confirmed by the Montana State Senate.[2][3][4] On June 11, 2021, the Montana Supreme Court ruled that the law change was constitutional.[5]
Before the commission was dissolved, Montana used the assisted appointment method of judicial selection for its state courts. Using this method, the governor appointed state judges from a list of names submitted by the commission.
The commission was a governor-controlled commission, which means a majority of members were selected by the governor.
Members
The commission's seven members were appointed to four-year terms. It consisted of four non-judicial/non-attorney members appointed by the governor, two attorneys appointed by the Supreme Court, and one district judge elected by district judges. Commissioners were ineligible for nomination to court seats while serving in office and could not serve on courts until one year after their service has ended.[1]
The four commissioners were selected by the governor from distinct geographical areas in the state. One attorney was selected from judicial districts 1-5, 9, 11, and 18-21 while the other attorney was selected from judicial districts 6-8, 10, and 12-17.[1]
Process
On its website, the Montana Judicial Nominating Commission laid out the following steps for filling a judicial vacancy:[6]
- Applications - Officials would announce the vacancy and interested parties could submit application forms.
- Investigation - This included a background investigation of each applicant and an evaluation of applicants' qualifications.
- Public comment - Individuals could file public comments regarding any applicants or applications.
- Interview of applicants - The commission would interview applicants for the position.
- Selection of nominees - The commission would select between three and five nominees to submit to the governor.
Control of judicial selection commissions
Assisted appointment is a method of judicial selection in which 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.[7]
At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:
- Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
- Bar-controlled commission - Members of the state Bar Association are responsible for electing a majority of the members of the nominating commission.
- Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.
Twenty-three courts in 22 states used assisted appointment to select state supreme court justices as of June 2021.[8][9] Before Montana dissolved its commission, it used a governor-controlled commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.
| Assisted appointment methods in state supreme courts | |||
|---|---|---|---|
| Method | Courts (of 23) | ||
| Governor-controlled majority | 10 | ||
| Bar-controlled majority | 1 | ||
| Hybrid | 12 | ||
The map below highlights the states that use each of the three types of assisted appointment.
About judicial selection
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.[7] 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 Montana Judicial Branch, "Montana Judicial Nomination Commission (archived)," accessed November 30, 2021
- ↑ The 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, "Complaint challenges law allowing governor to appoint judges," March 17, 2021
- ↑ Associated Press, "Montana law upheld allowing governor to appoint judges," June 11, 2021
- ↑ Montana Courts, "RULES OF THE JUDICIAL NOMINATION COMMISSION," accessed November 30, 2021
- ↑ 7.0 7.1 American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008 Cite error: Invalid
<ref>tag; name "ambaroverview" defined multiple times with different content - ↑ As of June 2021, Oklahoma had two state supreme courts: one for civil matters and one for criminal matters.
- ↑ North Dakota uses this method only for vacancies.
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
