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Montana Supreme Court elections, 2014

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Election highlights

  • Two contested elections were won by incumbent justices.
  • Eligibility, partisanship and finances all came into play in the race between Justice Mike Wheat and Lawrence VanDyke.
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Judicial elections, 2014
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Results

Justice James Rice was re-elected over challenger W. David Herbert. In regards to campaign contributions Herbert reported $6,170 raised, while Rice reported total receipts of approximately $81,590.[1]

Seat 1
Candidate Vote %
W. David Herbert21.6%
James Rice78.3%
100% of precincts reporting[2][3]
Incumbent James Rice
Winner James Rice


Justice Mike Wheat was also re-elected. He was almost unopposed due to a question of challenger Lawrence VanDyke's eligibility earlier in the year. The state supreme court ultimately ruled that VanDyke could compete. VanDyke was supported by the Republican State Leadership Committee. VanDyke lost to incumbent Wheat.

Seat 2
Candidate Vote %
Mike Wheat59.1%
Lawrence VanDyke40.9%
100% of precincts reporting[4][5]
Incumbent Mike Wheat
Winner Mike Wheat

On the ballot: Rice seat (Seat 1)

Seat 1
W. David Herbert
W-David-Herbert.jpg
Incumbent: No
Party: n/a
Primary vote: 23.5%ApprovedA
Election vote: 21.6%DefeatedA
James Rice (Montana)
MTrice.jpg
Incumbent: Yes
Party: n/a
Primary vote: 76.2%ApprovedA
Election vote: 78.2%ApprovedA


W. David Herbert challenged incumbent Justice Jim Rice in 2014. Herbert was a licensed podiatrist in Wyoming, as well as an attorney with a law practice in Billings. Herbert ran for election to the U.S. Senate in Wyoming as a Libertarian in 1996 and to the U.S. House of Representatives in 2008. Following the election, he relocated to Montana and became licensed to practice law in the state in 2009. Herbert attended law school in California and was an inactive member of the bar in the state at the time of the general election.[6][7]

Justice Rice joined the court in March 2001. At the time of election, only Justice Patricia Cotter had served longer than Rice. (Cotter joined the court in January 2001.) Before being appointed to the court, Rice lost his bid to be elected to serve as the state's attorney general. In discussing his qualifications, Rice touted his legislative experience. He served as a state legislator between 1988 and 1995 and said that his experience helped him avoid legislating from the bench because he appreciates the responsibilities the state's constitution assigns to each government branch.[8]

On the ballot: Wheat seat (Seat 2)

Seat 2
Michael E. Wheat
MWheatMT.jpg
Incumbent: Yes
Party: n/a
Primary vote: 61.5%ApprovedA
Election vote: 59.1%ApprovedA
Lawrence VanDyke
Lawrence-VanDyke.jpg
Incumbent: No
Party: n/a
Primary vote: 38.2%ApprovedA
Election vote: 40.8%DefeatedA


Justice Wheat's term was set to expire at the end of 2014. Wheat was appointed to the court in 2010. Prior to that time, he served in the Montana State Senate between 2002 and 2005. Though challenger Lawrence VanDyke's eligibility to run was challenged in court, he appealed to the supreme court and was determined eligible to face Justice Wheat in the election. VanDyke ultimately lost his bid for the seat.[9]

VanDyke's eligibility questioned

Lawrence VanDyke filed to run for a position on the Montana Supreme Court against incumbent Michael E. Wheat in the November 2014 election. However, on April 25, 2014, Judge Mike Menahan ordered him to be removed from the ballot for failing to meet eligibility requirements.

Montana Supreme Court candidates must be admitted to practice law in the state for at least five years. VanDyke was admitted to practice in Montana in 2005, but went on inactive bar status from 2007 to 2012 while practicing in another state. He regained active status in early 2013. By the time of the November 2014 election, Judge Menahan found, Van Dyke would have only been an active member of the Montana State Bar for a total of three years and three months.[10]

Judge Menahan explained:

“ Although the parties have cited numerous out-of-state authority to assist in the analysis of the question, this court’s conclusion rests largely upon the plain language of the Montana Constitution and the constitution and by-laws of the State Bar of Montana.[11] ”
—Judge Mike Menahan[10]

Following the ruling, VanDyke stated:

“ This case has been brought by Mike Wheat campaign donors to eliminate the competition by lawsuit. We will appeal to the Supreme Court and fully expect Justice Wheat and Chief Justice (Mike) McGrath to recuse themselves since they are both prominent donors to his re-election campaign.[11] ”
—Lawrence VanDyke[12]

[13]

Ineligibility ruling overturned on appeal

The Montana Supreme Court decided in a 4-3 decision on July 22, 2014, that VanDyke could run for election to that same court. On appeal, the lower court's ruling that VanDyke was ineligible to compete against Justice Michael E. Wheat was overturned. Justice Beth Baker wrote:

“ VanDyke has paid his (license) tax and received his certificate from the clerk of this court for each year since his admission... His admission was not conditional and has not been terminated, suspended or subjected to any form of probation or other disciplinary action at any time. VanDyke did, by voluntary action, choose not to engage in the practice of law in Montana, selecting inactive membership for a period of approximately six years. But he did not resign or surrender his license or his admission to the bar was not withdrawn. In short, he has never been ‘un-admitted.’[14][11] ”

Justice Wheat recused himself and was replaced by Dan Boucher, a district judge. Justices Baker, McKinnon and Rice, as well as Judge Boucher, comprised the majority. Justices McGrath and Shea also recused themselves. Their replacements, two district judges, joined Justice Cotter in her dissent.[14]

Political composition

VOTE.png

Judges in Montana run in nonpartisan elections. The state's judicial conduct code does not allow candidates to identify their political affiliation or receive endorsements from political parties. A Ninth Circuit Court of Appeals decision ruled the state's ban was unconstitutional. The state appealed the decision to the U.S. Supreme Court; however, the Court declined to take up the case.[15]

The top two candidates who receive the most votes in the primary election run in the general election. Where a justice runs unopposed, they must participate in a retention election and be approved by a majority of voters.[16]

Once elected, justices serve eight-year terms. If appointed, they may stay in office for the remainder of the term but must run for re-election thereafter.[17]

Campaign finance

Emblem-money.png

Candidates must set up a campaign committee to take in donations and manage campaign spending. There are no limits on the amount of money a candidate can donate to their own campaign. Individuals can donate $320 per election to a supreme court candidate, and political action committees can donate a maximum of $310 per candidate, per election, to supreme court judicial candidates. Corporations, regulated industries and political party committees may not make donations to supreme court candidates.[16][18][19]

Independent-expenditure groups

In the race for Justice Wheat's seat, a number of outside groups have assisted the candidates' campaigns.[20]

Supporting Wheat:
  • Montanans For Liberty and Justice
Supporting VanDyke:

Contributions

Total candidate contributions reported:

Supreme Court Justice #1, Rice seat:

Candidate Total contributions
W. David Herbert $6,170.49[22][23][24][25][26][27][28][29][30][31]
Jim Rice$81,589.67[32][33][34][35][36][37][38][39][40][41][42]

Supreme Court Justice #2, Wheat seat:

Candidate Total contributions
Lawrence VanDyke $135,648.93[43][44][45][46][47][48][49][50][51][52]
Mike Wheat$123,878.00[53][54][55][56][57][58][59][60][61][62][63][64][65]

Noteworthy events

Political science experiment mailers receive feedback in Montana

In October 2014, mailers titled "2014 Montana General Election Voter Information Guide" were sent to voters in Montana by researchers from Stanford University and Dartmouth College. The mailers included the official Montana state seal and ranked state supreme court justice candidates on an ideological scale from "More Liberal" to "More Conservative."

Montana Secretary of State Linda McCulloch filed a complaint, stating that the mailers misrepresented her office by using the state seal and may have violated campaign practices.[66]

The mailers included graphs for both supreme court races. In one, Jim Rice and W. David Herbert were positioned on the conservative end of the scale, with Herbert rated as more conservative. In the other race, Mike Wheat was placed near President Barack Obama on the liberal side, while Lawrence VanDyke was positioned near Mitt Romney on the conservative side.

The rankings were based on data from Stanford University's Database on Ideology, Money in Politics, and Elections (DIME), which uses information such as campaign contributions to estimate ideological leanings. The researchers credited were Adam Bonica and Michael Woodruff. For more information on their methodology, see: Political outlook of state supreme court justices, 2012.

Stanford University issued an apology to the approximately 100,000 Montana voters who received the mailers, as well as to the secretary of state. The university stated that the study did not intend to support or oppose any candidate but aimed "to learn whether, if voters are provided more information about candidates, those voters will be more likely to participate in the process."[67][68][66]

The secretary of state's complaint is available here.

See also

External links

Footnotes

  1. ↑ Montana Supreme Court elections, 2014#Contributions
  2. ↑ KRTV.com, "Election 2014 in Montana: Updated Results," November 4, 2014
  3. ↑ Bozeman Daily Chronicle, "Wheat, Rice win re-election to Montana Supreme Court," November 4, 2014
  4. ↑ KRTV.com, "Election 2014 in Montana: Updated Results," November 4, 2014
  5. ↑ Bozeman Daily Chronicle, "Wheat, Rice win re-election to Montana Supreme Court," November 4, 2014
  6. ↑ Montana Secretary of State Candidate Filing, "2014 Candidate Filing List: Non-Legislative," accessed April 15, 2014
  7. ↑ Missoulian, "Billings attorney seeks vacant seat on Montana Supreme Court," March 5, 2014
  8. ↑ Missoulian, "Associate Justice Rice to seek re-election to Montana Supreme court," November 18, 2013
  9. ↑ Montana Judicial Branch, "Justice Biographies, Justice Mike Wheat," accessed April 15, 2014
  10. ↑ 10.0 10.1 Ravalli Republic, "Judge orders VanDyke off ballot," April 25, 2014
  11. ↑ 11.0 11.1 11.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  12. ↑ Missoulian, "Judge orders Montana Supreme Court candidate removed from ballot," April 25, 2014
  13. ↑ Cowgirl Blog, "VanDykes’s day in court," May 26, 2014
  14. ↑ 14.0 14.1 Billings Gazette, "VanDyke back on ballot for Montana Supreme Court," July 22, 2014
  15. ↑ Helena Independent Record, "Court rejects appeal, clearing way for political endorsements in judicial races," February 25, 2014
  16. ↑ 16.0 16.1 American Judicature Society, "Judicial Campaigns and Elections: Montana, Campaign Conduct," April 12, 2014
  17. ↑ American Judicature Society, "Methods of Judicial Selection: Montana," accessed April 12, 2014
  18. ↑ American Judicature Society, "Judicial Campaigns and Elections: Montana, Campaign Financing," April 12, 2014
  19. ↑ State of Montana, "Political Campaign Contribution Limits Summary - applicable to 2014 campaigns," March 19, 2014
  20. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ap1
  21. ↑ Missoulian, "AFP launches ads against Montana Supreme Court candidate Wheat," October 23, 2014
  22. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," March 6, 2014
  23. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," April 9, 2014
  24. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," May 16, 2014
  25. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," May 27, 2014
  26. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," July 10, 2014
  27. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," August 7, 2014
  28. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," September 10, 2014
  29. ↑ objectType=document Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," October 20, 2014
  30. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," October 30, 2014
  31. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, W. David Herbert," November 24, 2014
  32. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," January 6, 2014
  33. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," March 10, 2014
  34. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," April 10, 2014
  35. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," May 19, 2014
  36. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," May 29, 2014
  37. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," June 23, 2014
  38. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," July 10, 2014
  39. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," August 11, 2014
  40. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," September 10, 2014
  41. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," October 30, 2014
  42. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, James Rice," November 24, 2014
  43. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," April 10, 2014
  44. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," May 19, 2014
  45. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," May 29, 2014
  46. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," June 23, 2014
  47. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," July 10, 2014
  48. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," August 11, 2014
  49. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," September 10, 2014
  50. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," October 20, 2014
  51. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," October 30, 2014
  52. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Lawrence Vandyke," November 24, 2014
  53. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," March 10, 2014
  54. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," April 9, 2014
  55. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," May 16, 2014
  56. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," May 29, 2014
  57. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," June 23, 2014
  58. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," July 9, 2014
  59. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," August 11, 2014
  60. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," September 10, 2014
  61. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," October 23, 2014
  62. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," October 30, 2014
  63. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," November 3, 2014
  64. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," November 5, 2014
  65. ↑ Commissioner of Political Practices, "Candidate Campaign Finance Report, Michael E. Wheat," November 24, 2014
  66. ↑ 66.0 66.1 Associated Press via SF Gate, "State, school launch probes into election mailers," October 23, 2014
  67. ↑ James Conner's Flathead Memo, "100,000 Stanford/Dartmouth mailers were sent to Montanans," October 24, 2014
  68. ↑ Thomas J. Leeper blog, "In defense of the Montana experiment," accessed October 28, 2014
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