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Montana judicial elections
Judges in Montana participate in nonpartisan and retention elections in even-numbered years.[1]
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.
| Supreme Court | District Court | Justice of the Peace Courts |
|---|---|---|
| Nonpartisan election and retention - Eight-year terms | Nonpartisan election and retention - Six-year terms | Nonpartisan election and retention - Four-year terms |
Elections
- Montana Supreme Court elections, 2024
- Montana Supreme Court elections, 2022
- Montana Supreme Court elections, 2020
- Montana Supreme Court elections, 2018
- Montana local trial court judicial elections, 2018
- Montana judicial elections, 2016
- Montana judicial elections, 2014
- Montana judicial elections, 2012
- Montana judicial elections, 2010
- Montana Supreme Court elections, 2008-2010
Election rules
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.[2]
Retention election
If an incumbent is running unopposed, the incumbent judge will appear on the ballot for retention.[3]
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."[4]
Filing
Candidates must file for election by 5 p.m., 75 days prior to the primary election.[1][5]
History
Montana has elected its judges since 1889. Initially, they were chosen in partisan elections. The law was changed to create nonpartisan elections in late 1909, but that only lasted for one election cycle, as the supreme court found the nonpartisan system to be unconstitutional in 1911. The elections were again switched to nonpartisan in 1935, and remained that way for many years. In 2012, a federal court found that the nonpartisan system was unconstitutional (see story below).
A new state constitution in 1972 allowed candidates to run against a judge seeking re-election. In 1974, the current retention system began, where incumbents, if unopposed, face retention rather than a popular election.[6]
Federal court mandates partisan elections
On September 17, 2012, the 9th U.S. Circuit Court of Appeals struck down Montana's nonpartisan election system, finding it to be unconstitutional. Political parties are now legally able to support or oppose judicial candidates in Montana. An amendment to require partisan judicial elections was introduced in 2012, but did not make it to the ballot (see: Montana Supreme Court Partisan Elections Amendment (2012) on Ballotpedia).[7] In 2014, the U.S. Supreme Court denied a petition to reinstate the ban on political party endorsements.[8]
Accepting partisan endorsements is still, however, banned by the Montana Code of Judicial Conduct.[9] For this reason, in the 2012 supreme court race between Ed Sheehy and Laurie McKinnon, the candidates agreed not to accept any partisan endorsements.[10]
See also
External links
Footnotes
- ↑ 1.0 1.1 Montana Code Annotated 2013, "Title 13, Chapter 1, Section 104(1)(a)," accessed April 28, 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
- ↑ Montana Code Annotated 2013, "Title 13, Chapter 10, Section 201 (7)(b)," accessed April 28, 2014
- ↑ Montana Judicial Branch, "Brief History of the Montana Judicial Branch," accessed April 28, 2014
- ↑ The Huffington Post, "Montana Nonpartisan Judicial Elections System Struck Down By Appeals Court," September 18, 2012
- ↑ Tiny Knowledge.com, "US Supreme Court denies Montana bid to revive judicial endorsements ban," March 13, 2014
- ↑ Montana Code of Judicial Conduct, "Rule 4.1," accessed March 20, 2014
- ↑ Missoulian, "Candidates for Montana Supreme Court justice won't accept party endorsements," September 20, 2012
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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
