Montana Supreme Court: Difference between revisions

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{{SSC infobox
{{MT SSC infobox}}
|Page = Montana Supreme Court
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]].
|State = Montana
|Category = Montana supreme court judges
<!--Court Information-->
|Justices = 7
|Founded = 1864
|Location = [[Lewis and Clark County, Montana (Judicial)|Helena]], [[Montana]]
<!--Judicial Selection Information-->
|Method = [[Nonpartisan election of judges]]
|Term = 8 years
}}{{tnr|maxwidth=200px}}


The '''Montana Supreme Court''' is the [[court of last resort]] in [[Montana]]. The court consists of six associate justices and one chief justice who are elected to eight-year terms. The supreme court has appellate and original jurisdiction, and since there is no [[intermediate appellate court]] in the state, the supreme court receives appeals directly from the [[Montana District Courts|district courts]], [[Montana Water Court|water court]] and [[Montana Workers' Compensation Court|workers' compensation court]].<ref name=contact>[http://courts.mt.gov/contact.mcpx#supreme ''Montana Courts,'' "Contact Us," accessed March 21, 2014]</ref><ref name=about/>
{{MT SSC partisanship}}
 
The Montana Supreme Court meets in the Joseph P. Mazurek Justice Building in [[Helena, Montana]].<ref>[https://courts.mt.gov/Courts/Supreme/Oral_Arguments/Previous ''Montana Judicial Branch'', "Previous Oral Argument Schedule," accessed August 15, 2021]</ref>
 
{{SSC judicial selection methods|State=Montana}}
 
==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.<ref name=about>[https://courts.mt.gov/AboutUs ''Montana Judicial Branch'', "About Judicial Branch," accessed August 15, 2021]</ref>
 
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.<ref name=about/>
 
The supreme court has jurisdiction over admission of attorneys to the state bar, attorney discipline, and judicial standards and disciplinary action.<ref>[https://courts.mt.gov/courts/rules/supreme ''Montana Judicial Branch'',"Montana Supreme Court Rules," accessed June 20, 2024]</ref>
The court is responsible for rulemaking and administrative oversight of the judicial branch, and does so in part through the [https://courts.mt.gov/Courts/boards/SentenceReviewDivision sentencing review division], [https://courts.mt.gov/Courts/boards/evidence commission on rules and evidence], [https://courts.mt.gov/Courts/boards/a2j/ access to justice commission], and the gender fairness commission.<ref>[https://courts.mt.gov/courts/rules/supreme ''Montana Judicial Branch'',"Montana Supreme Court Rules," accessed June 20, 2024]</ref>  
 
The chief justice presides over the [https://courts.mt.gov/courts/boards/dcc 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.<ref>[https://courts.mt.gov/courts/supreme/About/History ''Montana Judicial Branch'',"Brief History of the Montana Judicial Branch," accessed June 20, 2024]</ref>
 
The following text from Article VII, Section 2 of the Montana Constitution covers the jurisdiction of the court:
{{scrollbox|
{{quote|'''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.|author=[[Article VII, Montana Constitution|Montana Constitution Article VII]], Section 2}}}}
<!--===Written decisions===
All of the Montana Supreme Court's decisions must be in writing and state the grounds of the decision. Justices concurring with the decision must sign it, and justices who dissent must do so in writing.<ref>[http://leg.mt.gov/bills/mca/3/2/3-2-601.htm ''Montana Legislature'', "Montana Code Annotated 2014: 3-2-601," accessed December 9, 2014]</ref>-->


==Justices==
==Justices==
[[File:MontanaJustices.jpg|300px|right|thumb|Justices of the Montana Supreme Court]]
The table below lists the current justices of the Montana Supreme Court, their political party, and when they assumed office.
<APIWidget where="offices.level = 'State' AND offices.branch = 'Judicial' AND offices.name LIKE 'Montana Supreme Court%' AND NOT offices.name LIKE '%Clerk%' and officeholders.status = 'Current'" template='OfficeholdersTable' extra_params='{"fields":"office, name, party, date assumed office"}'  />
===Salary===
::''See also: [[Montana court salaries and budgets]]''


<APIWidget where="offices.level = 'State' AND offices.branch = 'Judicial' AND offices.name LIKE 'Montana Supreme Court%' and officeholders.is_current = 1" template="CurrentStateSupremeCourtJudges" />
{{StateCourtSalaryText|Montana/SSC}}


==Judicial selection==
==Judicial selection==
:''See also: [[Judicial selection in Montana]]''
:''See also: [[Judicial selection in Montana]]''
{{MT SSC selection}}


Montana Supreme Court justices serve eight-year terms following a general election. In the case of a mid-term vacancy, the governor may appoint an interim justice. The [[Montana Judicial Nominating Commission]] must submit between three and five nominees to the governor, after which the governor has 30 days to appoint one to the vacant position. If the governor does not select a nominee in time, the chief justice must make the appointment. The appointment must be confirmed by the {{BP|Montana State Senate|state senate}}; if the senate is not in session, the [[recess appointment|recess appointee]] serves until the next session. After having been appointed, the interim justice must run in the next general election to retain the seat for the remainder of the term. Thereafter, a justice serves for terms of eight years, subject to challenge by opponents. Any incumbent judge who is running unopposed in a general election will be subject to a [[retention election]].<ref>[http://leg.mt.gov/bills/mca/CONSTITUTION/VII/8.htm ''Montana Legislature'', "Montana Constitution: Article VII Section 8," accessed December 9, 2014]</ref><ref>[http://courts.mt.gov/aboutus.mcpx ''Montana Courts'', "Judicial Branch," accessed March 21, 2014]</ref><ref>[[Judicial selection in Montana]]</ref>
==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]."<ref>[https://web.archive.org/web/20190201201710/https://courts.mt.gov/clerk/about/who ''Montana Judicial Branch'', "Who We Are," archived February 1, 2019]</ref>


===Qualifications===
<APIWidget where="offices.name like '%Montana Supreme Court Clerk of Court%'"  template='OfficeholdersTable' extra_params='{"fields":"office, name, party, date assumed office"}'  />
A qualified candidate for the Montana Supreme Court must be a citizen of the United States, and the candidate must be a resident of the state for no less than two years. Candidates must also be admitted to practice law in the state for not less than five years and must reside in Montana during their term.<ref>[http://leg.mt.gov/bills/mca/CONSTITUTION/VII/9.htm ''Montana Legislature'', "Montana Constitution: Article VII Section 9," accessed December 9, 2014]</ref>


===Chief justice===
==Elections==
As with other justices on the court, the [[chief justice]] runs in nonpartisan elections and serves eight-year terms. The chief justice presides over the District Court Council, which administers the state funding of the district courts.<ref>[http://leg.mt.gov/bills/mca/3/2/3-2-101.htm ''Montana Legislature'', "Montana Code Annotated 2014: 3-2-101," accessed December 9, 2014]</ref><ref name=about/><ref>[http://leg.mt.gov/bills/mca/3/1/3-1-1602.htm ''Montana Legislature'', "Montana Code Annotated 2014: 3-1-1602," accessed April 25, 2015]</ref>
::''See also: [[Montana Supreme Court]]''
===2024===
::''See also: [[Montana Supreme Court elections, 2024]]''


==Jurisdiction==
The terms of two [[Montana Supreme Court]] justices {{Greener | start=12/31/2024 9:00pm CST | before=will expire | after=expired}} on December 31, 2024. The two seats {{Greener | start=11/05/2024 9:00pm CST | before=are | after=were}} up for [[nonpartisan election of judges|nonpartisan]] election on November 5, 2024. {{MtDateIntroSentences24}}
Since Montana does not have an [[intermediate appellate court]], the state supreme court hears appeals from all of the district courts across the state, as well as from the [[Montana Workers' Compensation Court|workers' compensation]] and [[Montana Water Court|water]] courts. Because of the right of all people to appeal, the Montana Supreme Court has no discretion to turn down appeals of lower court decisions.<ref name=about/>


The supreme court also has [[original jurisdiction]], meaning it may hear and decide original cases, as opposed to appellate cases. It may exercise original jurisdiction over [[writ]]s of [[habeas corpus]] and has supervisory control over lower courts, according to the [[Montana Constitution]]. It may also exercise original jurisdiction in cases that have not gone to the district courts, as long as there are no facts in dispute and the case presents only legal or constitutional questions.<ref name=about>[http://courts.mt.gov/aboutus.mcpx ''Montana Judicial Branch'', "About Us," accessed July 15, 2014]</ref>
The term of the Montana Supreme Court [[Montana Supreme Court Clerk of Court|clerk]] {{Greener | start=01/06/2025 9:00pm CST | before=will also expire | after=expired}} on January 6, 2025. The clerk {{Greener | start=11/05/2024 9:00pm CST | before=has | after=had}} to stand for [[partisan election]] on November 5, 2024, to remain in office. {{MtDateIntroSentences24}}
====Candidates and election results====
{{MT SSC 2024}}


===Written decisions===
===2022===
All of the Montana Supreme Court's decisions must be in writing and state the grounds of the decision. Justices concurring with the decision must sign it, and justices who dissent must do so in writing.<ref>[http://leg.mt.gov/bills/mca/3/2/3-2-601.htm ''Montana Legislature'', "Montana Code Annotated 2014: 3-2-601," accessed December 9, 2014]</ref>
::''See also: [[Montana Supreme Court elections, 2022]]''
{{MT SSC 2022}}
===2020===
::''See also: [[Montana Supreme Court elections, 2020]]''
{{MT SSC 2020}}


===Caseloads===
{{SSC caseload
|2014Filings=*
|2014Dispositions=*
|2013Filings=666
|2013Dispositions=848
|2012Filings=621
|2012Dispositions=702
|2011Filings=581
|2011Dispositions=732
|2010Filings=572
|2010Dispositions=629
|2009Filings=688
|2009Dispositions=861
|2008Filings=506
|2008Dispositions=783
|2007Filings=600
|2007Dispositions=713
}}<ref>[http://courts.mt.gov/clerk/stats/default.mcpx ''Montana's Official State Website'', "State of Montana Clerk of the Supreme Court: Case Load Statistics"]</ref>
* ''Montana had not yet provided caseload data for 2014 at the time this table was published.''
==Elections==
===2018===
===2018===
::''Main article: [[Montana Supreme Court elections, 2018]]
::''Main article: [[Montana Supreme Court elections, 2018]]
 
{{MT SSC 2018}}
The terms of two [[Montana Supreme Court]] justices {{Greener|start=12/31/2018 11am EST|before=will expire|after=expired}} on December 31, 2018. Those justices {{Greener| start=November 6, 2018|before=must stand| after=stood}} for [[Nonpartisan election of judges|nonpartisan election]] by voters in 2018 in order to remain on the bench. [[Ingrid Gustafson]] and [[Beth Baker]] were retained.
 
===2016===
===2016===
{{MT SSC 2016}}
{{MT SSC 2016}}
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'''Seat 2'''<table width="600px" class="sortable" style="text-align:center;"><tr bgcolor="#2c5285" style="color:white;"><th>Candidate</th><th>Incumbency</th><th>Primary Vote</th><th>Election Vote</th></tr><tr><td align="left"><span style="display:none;">VanDyke</span>[[Lawrence VanDyke|Lawrence VanDyke]]&nbsp;</td><td>No</td><td>38.2&#37;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>40.8&#37;&nbsp;&nbsp;&nbsp;[[Image:Red x.svg|16px|link=Portal:Elections]]<span style="display:none;">D</span></td><tr><td align="left"><span style="display:none;">Wheat</span>[[Michael E. Wheat|Michael E. Wheat]][[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>Yes</td><td>61.5&#37;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>59.1&#37;&nbsp;&nbsp;&nbsp;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td></table>
'''Seat 2'''<table width="600px" class="sortable" style="text-align:center;"><tr bgcolor="#2c5285" style="color:white;"><th>Candidate</th><th>Incumbency</th><th>Primary Vote</th><th>Election Vote</th></tr><tr><td align="left"><span style="display:none;">VanDyke</span>[[Lawrence VanDyke|Lawrence VanDyke]]&nbsp;</td><td>No</td><td>38.2&#37;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>40.8&#37;&nbsp;&nbsp;&nbsp;[[Image:Red x.svg|16px|link=Portal:Elections]]<span style="display:none;">D</span></td><tr><td align="left"><span style="display:none;">Wheat</span>[[Michael E. Wheat|Michael E. Wheat]][[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>Yes</td><td>61.5&#37;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td><td>59.1&#37;&nbsp;&nbsp;&nbsp;[[Image:Yes check.svg|18px|alt=Approved|Approved]]<span style="display:none;">A</span></td></table>
<table class="collapsible collapsed" style="width:600px; collapsible=Y;">
 
<tr><th style="font-size:120%; text-align:center; background-color: #73b97c;"> 2012 </th></tr>
<html><ul class="nav nav-stacked panel-group" id="headertabs-ul"><li class="panel"><a data-toggle="collapse" data-parent="#headertabs-ul" href="#tab1" style="background:#eee;">Election history, 2008-2012 (click to expand)</a><div id="tab1" class="panel-collapse collapse"></html>
<tr><td>
===2012===
:''See also: [[Montana judicial elections, 2012]]''
:''See also: [[Montana judicial elections, 2012]]''
<table width="600px" class="sortable" style="text-align:center;"><tr bgcolor="#2c5285" style="color:white;"><th>Candidate</th><th>Incumbency</th><th>Department</th><th>Primary Vote</th><th>Election Vote</th></tr><tr><td align="left"><span style="display:none;">Morris</span>[[Brian Morris|Brian Morris]]&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>Yes</td><td></td><td>72.29&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td></tr><tr><td align="left"><span style="display:none;">Sheehy</span>[[Ed Sheehy|Ed Sheehy]]&nbsp;&nbsp;&nbsp;&nbsp;</td><td>No</td><td>Number 5</td><td>34.20&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>43.88&#37;&nbsp;&nbsp;&nbsp;<html><a href="/File:/Red_x.svg" class="image" title="Defeated"><img alt="Defeated" src="https://ballotpedia.s3.amazonaws.com/images/thumb/b/ba/Red_x.svg/16px-Red_x.svg.png" width="16" height="16" /></a><span style="display:none;">A</span></html></td></tr><tr><td align="left"><span style="display:none;">Best</span>[[Elizabeth Best|Elizabeth Best]]&nbsp;&nbsp;&nbsp;&nbsp;</td><td>No</td><td>Department 2</td><td>32&#37;</td><td bgcolor="black">&nbsp;</td></tr><tr><td align="left"><span style="display:none;">McKinnon</span>[[Laurie McKinnon|Laurie McKinnon]]&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>No</td><td>Number 5</td><td>33.49&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>56.11&#37;&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td></tr></table>
<table width="600px" class="sortable" style="text-align:center;"><tr bgcolor="#2c5285" style="color:white;"><th>Candidate</th><th>Incumbency</th><th>Department</th><th>Primary Vote</th><th>Election Vote</th></tr><tr><td align="left"><span style="display:none;">Morris</span>[[Brian Morris (Montana)|Brian Morris]]&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>Yes</td><td></td><td>72.29&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td></tr><tr><td align="left"><span style="display:none;">Sheehy</span>[[Ed Sheehy|Ed Sheehy]]&nbsp;&nbsp;&nbsp;&nbsp;</td><td>No</td><td>Number 5</td><td>34.20&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>43.88&#37;&nbsp;&nbsp;&nbsp;<html><a href="/File:/Red_x.svg" class="image" title="Defeated"><img alt="Defeated" src="https://ballotpedia.s3.amazonaws.com/images/thumb/b/ba/Red_x.svg/16px-Red_x.svg.png" width="16" height="16" /></a><span style="display:none;">A</span></html></td></tr><tr><td align="left"><span style="display:none;">Best</span>[[Elizabeth Best|Elizabeth Best]]&nbsp;&nbsp;&nbsp;&nbsp;</td><td>No</td><td>Department 2</td><td>32&#37;</td><td bgcolor="black">&nbsp;</td></tr><tr><td align="left"><span style="display:none;">McKinnon</span>[[Laurie McKinnon|Laurie McKinnon]]&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>No</td><td>Number 5</td><td>33.49&#37;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td><td>56.11&#37;&nbsp;&nbsp;&nbsp;<html><a href="/File:Yes_check.svg" class="image" title="Approved"><img alt="Approved" src="https://ballotpedia.s3.amazonaws.com/images/thumb/f/fb/Yes_check.svg/18px-Yes_check.svg.png" width="18" height="18" /></a><span style="display:none;">A</span></html></td></tr></table>
[[Category:2012 elections (judicial)]]
[[Category:2012 elections (judicial)]]
</td></tr></table>
===2010===
<table class="collapsible collapsed" style="width:600px; collapsible=Y;">
<tr><th style="font-size:120%; text-align:center; background-color: #73b97c;"> 2010 </th></tr>
<tr><td>
::''See also: [[2010 State Supreme Court elections]]''
::''See also: [[2010 State Supreme Court elections]]''


[[Beth Baker]] and {{BP|Nels Swandal}} competed to fill the seat vacated by [[William Leaphart]]. [[Beth Baker]] succeeded in her bid.
[[Beth Baker]] and {{BP|Nels Swandal}} competed to fill the seat vacated by [[William Leaphart]]. [[Beth Baker]] succeeded in her bid.


{{Electionbox |
{| border="1" cellpadding="4" cellspacing="0" style="margin: 1em 1em 1em 0; background: #f9f9f9; border: 1px #a3bfb1 solid; border-collapse: collapse; font-size: 95%;"
  office = Montana Supreme Court <br> 2010 General election results
|- style="background-color:#2c5285; color: white;"
}}
! colspan="5" | Montana Supreme Court <br> 2010 General election results
|- style="background-color:#2c5285; color: white; align="center"
! colspan="2" style="width: 17em" |Candidates
! style="width: 7em" align="center" | Votes
! style="width: 7em" align="center" | Percent
|-
|-
| colspan="2" |  '''Beth Baker''' {{won}}
| colspan="2" |  '''Beth Baker''' {{won}}
Line 104: Line 110:
Incumbent [[Michael E. Wheat]] ran uncontested and was re-elected.
Incumbent [[Michael E. Wheat]] ran uncontested and was re-elected.


{{Electionbox |
{| border="1" cellpadding="4" cellspacing="0" style="margin: 1em 1em 1em 0; background: #f9f9f9; border: 1px #a3bfb1 solid; border-collapse: collapse; font-size: 95%;"
  office = Montana Supreme Court <br> 2010 General election results
|- style="background-color:#2c5285; color: white;"
}}
! colspan="5" | Montana Supreme Court <br> 2010 General election results
|- style="background-color:#2c5285; color: white; align="center"
! colspan="2" style="width: 17em" |Candidates
! style="width: 7em" align="center" | Votes
! style="width: 7em" align="center" | Percent
|-
|-
| colspan="2" |  '''Michael E. Wheat''' {{won}}
| colspan="2" |  '''Michael E. Wheat''' {{won}}
Line 113: Line 123:
|-
|-
|}
|}
</td></tr></table>
===2008===
<table class="collapsible collapsed" style="width:600px; collapsible=Y;">
<tr><th style="font-size:120%; text-align:center; background-color: #73b97c;"> 2008 </th></tr>
<tr><td>
::''See also: [[State Supreme Court elections, 2008]]''
::''See also: [[State Supreme Court elections, 2008]]''


{{BP|Mike McGrath}} and [[Ron Waterman]] competed to fill the seat left vacant by chief judge [[Karla M. Gray]]. McGrath succeeded in his bid.
{{BP|Mike McGrath}} and [[Ron Waterman]] competed to fill the seat left vacant by chief judge [[Karla M. Gray]]. McGrath succeeded in his bid.


{{Electionbox |
{| border="1" cellpadding="4" cellspacing="0" style="margin: 1em 1em 1em 0; background: #f9f9f9; border: 1px #a3bfb1 solid; border-collapse: collapse; font-size: 95%;"
  office = Montana Supreme Court <br> 2008 General election results
|- style="background-color:#2c5285; color: white;"
}}
! colspan="5" | Montana Supreme Court <br> 2008 General election results
|- style="background-color:#2c5285; color: white; align="center"
! colspan="2" style="width: 17em" |Candidates
! style="width: 7em" align="center" | Votes
! style="width: 7em" align="center" | Percent
|-
|-
| colspan="2" |  '''Mike McGrath''' {{won}}
| colspan="2" |  '''Mike McGrath''' {{won}}
Line 137: Line 148:
Incumbent [[Patricia O'Brien Cotter]] ran uncontested and was re-elected.
Incumbent [[Patricia O'Brien Cotter]] ran uncontested and was re-elected.


{{Electionbox |
{| border="1" cellpadding="4" cellspacing="0" style="margin: 1em 1em 1em 0; background: #f9f9f9; border: 1px #a3bfb1 solid; border-collapse: collapse; font-size: 95%;"
  office = Montana Supreme Court <br> 2008 General election results
|- style="background-color:#2c5285; color: white;"
}}
! colspan="5" | Montana Supreme Court <br> 2008 General election results
|- style="background-color:#2c5285; color: white; align="center"
! colspan="2" style="width: 17em" |Candidates
! style="width: 7em" align="center" | Votes
! style="width: 7em" align="center" | Percent
|-
|-
| colspan="2" |  '''Patricia O'Brien Cotter''' {{won}}
| colspan="2" |  '''Patricia O'Brien Cotter''' {{won}}
Line 146: Line 161:
|-
|-
|}
|}
</td></tr></table>
<html></div></li></ul></html>


==Political outlook==
==Caseloads==
::''See also: [[Political outlook of State Supreme Court Justices]]''
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.
 
{| class="bptable sortable" style="background:none; text-align: center;"
|-
! colspan="3" style="background-color:#00008B; color: white; font=bold;" |''Montana Supreme Court caseload data''
|-
!style="background-color:#bbccee; color: black;" |Year
!style="background-color:#bbccee; color: black;" |Filings
!style="background-color:#bbccee; color: black;" |Dispositions
|-
|2024<ref>[https://courts.mt.gov/external/clerk/stats/2024/compare24.pdf ''Montana Judicial Branch,'' "Summary: Major Stat. Categories /  Comparison: Calendar Year 2023 - 2024," accessed September 17, 2025</ref>||760||791
|-
|2023<ref>[https://courts.mt.gov/external/clerk/stats/2023/compare23.pdf ''Montana Judicial Branch,'' "Summary: Major Stat. Categories /  Comparison: Calendar Year 2022 - 2023," accessed September 24, 2024]</ref>||743||668
|-
|2022<ref>[https://courts.mt.gov/external/clerk/stats/2022/compare.pdf ''Montana Judicial Branch,'' "Year to Year case comparison /  2021 and 2022," accessed September 24, 2024]</ref>||733||677
|-
|2021<ref>[https://courts.mt.gov/clerk/stats ''Montana Judicial Branch'', "Clerk of Court case load statistics," accessed August 15, 2021]</ref>||657||663
|-
|2020||669||713
|-
|2019<ref>[https://courts.mt.gov/Portals/189/clerk/stats/18/historic18.pdf ''Montana Judicial Branch'', "Supreme Court caseload statistics 1972-2016," accessed September 19, 2019]</ref>||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)===
{{SSC determiners dissenters general
|State=Montana
|Justices=7
|Cases=323
|UnanimousPercent=89.5
|Unanimous=289
|MajJustice=Justice Ingrid Gustafson
|MajJusticeNumber=61
|PerCuriam=0
|Concurring=19
|ConcJustice=Justices James Rice and Ingrid Gustafson
|ConcJusticeNumber=5 and 5
|Dissenting=45
|DissJustice=Justice Laurie McKinnon
|DissJusticeNumber=13
}}
 
===Ballotpedia Courts: State Partisanship (2020)===
{{SSC partisanship scores|State=Montana|Score=-0.71|Control=Split control}}
 
===Bonica and Woodruff campaign finance scores (2012)===
::''See also: [[Bonica and Woodruff campaign finance scores of state supreme court justices, 2012]]''
{{State Court CFscore|State=[[Montana]]|Score=-0.87|rank=6th|lean=L}}
{{State Court CFscore|State=[[Montana]]|Score=-0.87|rank=6th|lean=L}}


==Rules of practice==
==[[Noteworthy cases coverage at Ballotpedia|Noteworthy cases]]==
The following are noteworthy cases heard before the Montana Supreme Court. For a full list of opinions published by the court, click [https://supremecourtdocket.mt.gov/ here]. Know of a case we should cover here? Let us know by [mailto:editor@ballotpedia.org emailing us].
 
{{Notable case format
|Level = Court
|Title = Constitutionality of a tax credit program (2018)
|Case Link =
|Case name =
|Judge =
|Court=
|Text=
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 [[#Blaine Amendment in the Montana Constitution|Article X, Section 6]] of the [[Article X, Montana Constitution#Section 6|Montana Constitution]] violated the [[#Free Exercise Clause|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.<ref name=opinion>[https://www.supremecourt.gov/opinions/19pdf/18-1195_g314.pdf Supreme Court of the United States, ''Espinoza v. Montana Department of Revenue'', decided June 30, 2020]</ref>
|Category=
|Category2=
}}
{{Notable case format
|Level = Court
|Title = Court orders AG to rewrite statement for bathroom bill initiative (2017)
|Case Link =
|Case name =
|Judge =
|Court=
|Text=
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. <ref name=filing>[https://www.aclumontana.org/sites/default/files/field_documents/2017-7-31_-_petition_of_aclu_montana_pursuant_to_section_13-27-316_mca.pdf Montana Supreme Court, ''ACLU of Montana v. Montana'' ACLU’s Petition,  July 31, 2017]</ref>
 
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.”<ref>[https://filenet.mt.gov/getContent?vsId={502BD35D-0000-C239-B0CE-8FB46895B30B}&impersonate=true&objectType=document&objectStoreName=PROD%20OBJECT%20STORE Montana Supreme Court, ''ACLU of Montana v. Montana'', September 19, 2017]</ref>
 
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.<ref name=ruling>[https://www.aclumontana.org/sites/default/files/field_documents/order_-_final_disposition_other_i-183_legal_sufficiency_challenge.pdf Montana Supreme Court, ''ACLU of Montana v. Montana'', September 19, 2017]</ref>
Read more about the court case, the supreme court’s ruling, and the attorney general’s ballot title [[Montana Private Facilities in Public Schools and Government Buildings Restricted to Person's Sex Initiative (2018)|here]].
}}
{{Notable case format
|Level = Court
|Title = Right to sue for lack of government openness (2014)
|Case Link =
|Case name =
|Judge =
|Court=
|Text=
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, Montana (Judicial)|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.<ref>[http://missoulian.com/news/opinion/editorial/missoulian-editorial-montana-supreme-court-rulings-promote-open-government/article_a2afd796-7f94-11e3-8019-0019bb2963f4.html ''Missoulian'', "MISSOULIAN EDITORIAL: Montana Supreme Court rulings promote open government," January 19, 2014]</ref><ref>[http://www.milescitystar.com/content/high-court-sides-man-challenging-officials ''Miles City Star'', "High court sides with man challenging officials," January 9, 2014]</ref>
|Category= Government powers cases
|Category2=Freedom of Information cases‎
}}
{{Notable case format
|Level = Court
|Title = Doctor-assisted suicide (2009)
|Case Link =
|Case name =
|Judge =
|Court=
|Text=
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.<ref>[http://www.nytimes.com/2010/01/01/us/01suicide.html ''New York Times'', "Montana Ruling Bolsters Doctor-Assisted Suicide," December 31, 2009]</ref>
|Category=Health law cases‎
|Category2=Constitutional rights cases‎
}}
<!--==Rules of practice==
As enumerated in the Montana Constitution, the court has administrative authority over the court system. Court rules of civil procedure for all levels of Montana courts can be found [http://courts.mt.gov/court_rules.mcpx here]. The supreme court has also promulgated [http://courts.mt.gov/clerk/rules/internal.mcpx Internal Operating Rules] for its internal governance.
As enumerated in the Montana Constitution, the court has administrative authority over the court system. Court rules of civil procedure for all levels of Montana courts can be found [http://courts.mt.gov/court_rules.mcpx here]. The supreme court has also promulgated [http://courts.mt.gov/clerk/rules/internal.mcpx Internal Operating Rules] for its internal governance.


Line 182: Line 326:
*Sentence Review Division
*Sentence Review Division
*Uniform District Court Rules Commission
*Uniform District Court Rules Commission
|}-->
===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, [mailto:editor@ballotpedia.org email us].
====2025-2026 term====
::''See also: [[Supreme Court cases, October term 2025-2026]]''
The following case {{Greener|start=6/30/2026 8:00am CST|before= is scheduled for argument before|after=was heard by}} the U.S. Supreme Court during the 2025-2026 term.
{| class="bptable sortable" style="background:none; text-align: center;"
|-
! colspan="4" style="background-color:#334aab; color:#f0a236;" |''2025-2026 Montana Supreme Court''
|-
!style="background-color:#00AF8C; color: white;" |Case
!style="background-color:#00AF8C; color: white;" |Opinion author
!style="background-color:#00AF8C; color: white;" |Decision
!style="background-color:#00AF8C; color: white;" |Vote
|-
|''[[Case v. Montana]]''
| TBA
|TBA
|TBA
|-
|}
|}


==Ethics==
==Ethics==
===Judicial ethics===
===Judicial ethics===
The Montana Code of Judicial Conduct was created in 2008. It is composed of four canons.{{quote|
The Montana Code of Judicial Conduct was revised in 2014. It is composed of four canons:<ref>[https://courts.mt.gov/external/supreme/new_rules/rules/jud-canons.pdf ''Montana Judicial Branch'', "2009 Montana Code of Judicial Conduct," revised March 25, 2014]</ref>
#A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.
#A judge shall perform the duties of judicial office impartially, competently, and diligently.
#A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
#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.<ref>[http://supremecourtdocket.mt.gov/view/AF%2008-0203%20Other%20--%20Order?id={7F2426C5-4E87-4C48-AE15-3E8E997CF8FC} ''Montana Judicial Branch'', "Code of Judicial Conduct," December 12, 2008]</ref>}}


Read the code in its entirety [http://supremecourtdocket.mt.gov/view/AF%2008-0203%20Other%20--%20Order?id={7F2426C5-4E87-4C48-AE15-3E8E997CF8FC} here].
{{quote|
1. A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.<br>


===Removal of justices===
2. A judge shall perform the duties of judicial office impartially, competently, and diligently.<br>  
The [[Montana State Legislature]] has the power to impeach or remove a sitting state judge with a two-thirds vote of the state house of representatives.<ref>[http://leg.mt.gov/bills/mca/CONSTITUTION/V/13.htm ''Montana Legislature'', "Montana Constitution: Article V Section 13," accessed December 9, 2014]</ref>  


====Montana Judicial Standards Commission====
3. A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.<br>
A complaint may also be filed about a judge with the [http://courts.mt.gov/supreme/boards/jud_standards/default.mcpx Montana Judicial Standards Commission]. The commission will make a recommendation to the Montana Supreme Court for further action, if warranted. A recommendation of discipline could be a private admonition, or warning, from the commission to the judge, or as serious as removal from the court.<ref>[http://courts.mt.gov/content/library/forms/judges_complaint/jsc.pdf ''Montana Judicial Branch'', "Rules of the Judicial Standards Commission," accessed December 9, 2014]</ref>


Of the five commission members, two must be district judges from different judicial districts who are elected to the commission by the district judges. One member must be an attorney who has practiced law in Montana for at least 10 years. This individual is appointed by the supreme court. The other two members must be state residents, from different congressional districts, who are not, and never have been, judges or attorneys. They are appointed by the governor. There is a chair and vice-chair of the commission. The members of the commission serve terms of four years.<ref>[http://courts.mt.gov/supreme/boards/jud_standards/default.mcpx ''Montana Judicial Branch'', "Judicial Standards Commission," accessed December 9, 2014]</ref>
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.}}


===Financial disclosure===
Read the code in its entirety [https://courts.mt.gov/external/supreme/new_rules/rules/jud-canons.pdf here].
{{Disclosure report|State=Montana|Grade=F}}


==[[Noteworthy cases coverage at Ballotpedia|Noteworthy cases]]==
===Removal of justices===
{{Notable case format
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.<ref>[https://leg.mt.gov/bills/mca/title_0000/article_0050/part_0010/section_0130/0000-0050-0010-0130.html ''Montana State Legislature'', "The Constitution of the State of Montana," accessed August 15, 2021] ''(Article V, part V, section 13)''</ref>
|Level = Court
|Title = Right to sue for lack of government openness (2014)
|Case Link =  
|Case name =
|Judge =  
|Court=  
|Text=
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, Montana (Judicial)|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, ensuring 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.<ref>[http://missoulian.com/news/opinion/editorial/missoulian-editorial-montana-supreme-court-rulings-promote-open-government/article_a2afd796-7f94-11e3-8019-0019bb2963f4.html ''Missoulian'', "MISSOULIAN EDITORIAL: Montana Supreme Court rulings promote open government," January 19, 2014]</ref><ref>[http://www.milescitystar.com/content/high-court-sides-man-challenging-officials ''Miles City Star'', "High court sides with man challenging officials," January 9, 2014]</ref>
|Category= Government powers cases
|Category2=Freedom of Information cases‎
}}
{{Notable case format
|Level = Court
|Title = Doctor-assisted suicide (2009)
|Case Link = http://applicationengine.mt.gov/getContent?vsId={88A87FE0-2501-438A-AC31-CCE62D37C894}&impersonate=true&objectStoreName=PROD%20OBJECT%20STORE&objectType=document
|Case name = Baxter vs. Montana
|Judge =
|Court=
|Text=
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. Justice '''[[James Nelson (Montana)]]''' was in the majority, but would have gone further to name it a constitutional right. In his opinion he wrote, "This right to physician aid in dying quintessentially involves the inviolable right to human dignity — our most fragile right."<ref>[http://www.nytimes.com/2010/01/01/us/01suicide.html ''New York Times'', "Montana Ruling Bolsters Doctor-Assisted Suicide," December 31, 2009]</ref>
|Category=Health law cases‎
|Category2=Constitutional rights cases‎
}}


{{Notable case format
===Montana Judicial Standards Commission===
|Level = Court
An ethics complaint about a supreme court justice may be filed with the [https://courts.mt.gov/Courts/boards/JudicialStandardsCommission 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.<ref>[https://courts.mt.gov/Courts/boards/2024.11.19-_JSC-Rules-AF-14-0356.pdf ''Montana Judicial Branch'', "Judicial Standards Commission Rules (AF 14-0356)," August 18, 2025]</ref>
|Title = Court orders AG to rewrite statement for bathroom bill initiative
|Case Link =  
|Case name =  
|Judge =  
|Court=  
|Text=
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. On July 26, 2017, the attorney general approved the initiative for signature gathering. Supporters {{Greener | start = 6/22/2018 9:30pm CDT | before = need | after = needed}} to collect and submit 25,468 valid signatures by June 22, 2018, in order to qualify the measure for the November 2018 ballot. As of June 29, 2018, the Secretary of State had tallied only 8,079 signatures submitted by proponents of the initiative, which means the measure did '''not''' qualify for a place on the November ballot.<ref>[https://billingsgazette.com/news/transgender-bathroom-initiative-about-k-signatures-short-of-qualifying-for/article_c66255f2-1240-505b-b5b8-756da0987eb9.html ''Billings Gazette'', "Transgender bathroom initiative about 15K signatures short of qualifying for Montana ballot," accessed June 29, 2018]</ref>


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. <ref name=filing>[https://www.aclumontana.org/sites/default/files/field_documents/2017-7-31_-_petition_of_aclu_montana_pursuant_to_section_13-27-316_mca.pdf Montana Supreme Court, ''ACLU of Montana v. Montana'' ACLU’s Petition, July 31, 2017]</ref>
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.<ref>[https://courts.mt.gov/Courts/boards/JudicialStandardsCommission ''Montana Judicial Branch'', "Judicial Standards Commission," accessed August 15, 2021]</ref>
<!--
===Financial disclosure===
{{Disclosure report|State=Montana|Grade=F}}-->


Attorney General Fox argued that his ballot statement was legally sufficient, true and impartial, and fairly stated what the initiative proposes. 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 "are not mentioned in I-183 or even defined in state law.”<ref>[https://filenet.mt.gov/getContent?vsId={502BD35D-0000-C239-B0CE-8FB46895B30B}&impersonate=true&objectType=document&objectStoreName=PROD%20OBJECT%20STORE Montana Supreme Court, ''ACLU of Montana v. Montana'', September 19, 2017]</ref>
==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.<ref>[https://courts.mt.gov/courts/supreme/About/History ''Montana Judicial Branch'',"Brief History of the Montana Judicial Branch," accessed June 20, 2024]</ref>


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.<ref name=ruling>[https://www.aclumontana.org/sites/default/files/field_documents/order_-_final_disposition_other_i-183_legal_sufficiency_challenge.pdf Montana Supreme Court, ''ACLU of Montana v. Montana'', September 19, 2017]</ref>
After statehood in 1889, the judiciary was guided by the state's [https://courts.mt.gov/external/library/docs/1889cons.pdf 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.<ref>[https://courts.mt.gov/courts/supreme/About/History ''Montana Judicial Branch'',"Brief History of the Montana Judicial Branch," accessed June 20, 2024]</ref>
Read more about the court case, the supreme court’s ruling, and the attorney general’s ballot title [[Montana Private Facilities in Public Schools and Government Buildings Restricted to Person's Sex Initiative (2018)|here]].
}}
 
==History==
*'''1864:''' Montana became a territory, and the Territorial Supreme Court was created with one chief justice and two associate justices.
*'''1889:''' Montana joined the union and became a state on November 8. The Montana Supreme Court was created in Article VIII of the 1889 Constitution. Three members were to be elected to six-year terms in partisan elections.
*'''1909:''' The state legislature created the "Nonpartisan Judiciary Act." Rather than running in partisan elections, this act required that candidates to the court be "nominated by citizen petition." This resulted in a very low voter turnout in the next general election in 1910.
*'''1911:''' The "Nonpartisan Judiciary Act" was declared unconstitutional by Montana Supreme Court.
*'''1919:''' The number of justices on the court was increased from three to five.
*'''1935:''' Nonpartisan judicial elections were reintroduced.
*'''1972:''' Term of office was increased to eight years with a constitutional amendment.
*'''1979:''' The number of justices on the court was increased to seven.<ref name=history>[http://courts.mt.gov/supreme/history.mcpx ''Montana Judicial Branch'', "Brief History of the Montana Judicial Branch," accessed December 9, 2014]</ref>
 
===Location of the court===
The Montana Supreme Court meets in the Justice Building in the capital city, Helena.<ref name=contact/>


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.<ref>[https://courts.mt.gov/courts/supreme/About/History ''Montana Judicial Branch'',"Brief History of the Montana Judicial Branch," accessed June 20, 2024]</ref>   
===Notable firsts===
===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.<ref name=history/>
*'''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.<ref name=history/>
 
<!--===Former justices===
===Former justices===
<center><table width="75%" class="bptable blue collapsible collapsed" style="text-align:center">
<center><table width="75%" class="bptable blue collapsible collapsed" style="text-align:center">
<tr><td style="text-align:center; font-size:110%; background-color:#F2F2F2">'''All former justices of the Montana Supreme Court:'''<ref>[http://courts.mt.gov/portals/113/supreme/docs/justicelist.pdf ''Montana Judicial Branch'', "Montana Supreme Court Justices," accessed July 9, 2015]</ref></td><th style="text-align:right"><small>''click for list →''</small></th></tr>
<tr><td style="text-align:center; font-size:110%; background-color:#F2F2F2">'''All former justices of the Montana Supreme Court:'''<ref>[http://courts.mt.gov/portals/113/supreme/docs/justicelist.pdf ''Montana Judicial Branch'', "Montana Supreme Court Justices," accessed July 9, 2015]</ref></td><th style="text-align:right"><small>''click for list →''</small></th></tr>
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<tr><td>[[Henry N. Blake]]</td><td>1875-1893</td></tr>
<tr><td>[[Henry N. Blake]]</td><td>1875-1893</td></tr>
</table></center>
</table></center>
-->
==Courts in Montana==
<section begin=courts/>::''See also: [[Courts in Montana]]''
{{#section:Courts in Montana|intro}}<section end=courts/>


{{Montana state profile}}
==Party control of Montana state government==
<section begin=partycontrol/>A '''[[State government trifectas|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. <APIWidget template="TrifectaTriplexSentence" where="state.name = 'Montana'" extra_params='{"scope":"state","type":"trifecta"}' />


==Recent news==
{{Montana Trifectas}}<section end=partycontrol/>
{{News feed form
|Term1=Montana
|Term2=Supreme
|Term3=Court
|Term4=
|Term5=
}}


==See also==
==See also==
{{No appeals See Also|State= Montana}}
{{SCP See Also|State= Montana}}


==External links==
==External links==
*[http://www.montanacourts.org/supreme/default.mcpx ''Montana Judicial Branch'', "Montana Supreme Court"]
*[https://courts.mt.gov/courts/supreme/ Montana Supreme Court]
*[http://courts.mt.gov/supreme/history.mcpx ''Montana Judicial Branch'', "Brief History of the Montana Judicial Branch"]
*[https://courts.mt.gov/courts/supreme/About/History Brief History of the Montana Judicial Branch]
*[http://helenair.com/news/local/high-court-to-hear-arguments-in-az-investment-case/article_5f7734d0-5159-11e1-adbe-001871e3ce6c.html ''Independent Record'', "High court to hear arguments in AZ investment case," February 7, 2012]
*[http://www.dailyinterlake.com/opinion/editorials/article_f5269b88-e016-11e0-8092-001cc4c002e0.html ''Daily Inter Lake'', "A first-hand look at justice," September 15, 2011]
*[http://www.dailyinterlake.com/news/local_montana/article_4a0fd794-df55-11e0-8d3c-001cc4c03286.html ''Daily Inter Lake'', "State Supreme Court hears cases in Kalispell," September 14, 2011]


==Footnotes==
==Footnotes==
Line 373: Line 490:
[[category:Montana supreme court]]
[[category:Montana supreme court]]
[[category:Nonpartisan judicial elections]]
[[category:Nonpartisan judicial elections]]
__NOTOC__

Latest revision as of 19:31, 8 October 2025

Montana Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
Court Information
Justices: 7
Founded: 1889
Location: Helena, Montana
Salary
Associates: $173,759[1]
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.[2]

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.[3]

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.[3]

The supreme court has jurisdiction over admission of attorneys to the state bar, attorney discipline, and judicial standards and disciplinary action.[4] 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.[5]

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.[6]

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.[7]

”
—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

Salary

See also: Montana court salaries and budgets

In 2025, the justices of the court received a salary of $173,759, according to the National Center for State Courts.[8]

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.[9][10]

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.[9]

Chief justice

The chief justice of the court is selected through a nonpartisan election to an eight-year term.[9]

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.[10]

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]."[11]


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.

Candidates and election results

McGrath's seat

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
✔
Image of Cory Swanson
Cory Swanson (Nonpartisan)
 
53.8
 
296,545
Image of Jerry Lynch
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 Connection = 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.

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
✔
Image of Cory Swanson
Cory Swanson (Nonpartisan)
 
46.3
 
121,549
✔
Image of Jerry Lynch
Jerry Lynch (Nonpartisan)
 
37.5
 
98,622
Image of Doug Marshall
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 Connection = 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.

Sandefur's seat

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
✔
Image of Katherine M. Bidegaray
Katherine M. Bidegaray (Nonpartisan) Candidate Connection
 
54.1
 
299,480
Image of Dan Wilson
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 Connection = 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.

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
✔
Image of Katherine M. Bidegaray
Katherine M. Bidegaray (Nonpartisan) Candidate Connection
 
48.6
 
127,301
✔
Image of Dan Wilson
Dan Wilson (Nonpartisan)
 
34.6
 
90,563
Image of Jerry O'Neil
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 Connection = 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.

Withdrawn or disqualified candidates

Supreme Court clerk

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

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 581,247
Candidate Connection = 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

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

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

There were no incumbents in this race. The results have been certified. Source

Total votes: 90,650
Candidate Connection = 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

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

Candidate
%
Votes
✔
Image of Bowen Greenwood
Bowen Greenwood
 
52.6
 
83,379
Silhouette Placeholder Image.png
Submit photo
Jason Ellsworth
 
47.4
 
74,999

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 158,378
Candidate Connection = 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.

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

Candidates and election results

Rice's seat

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

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 396,278
Candidate Connection = 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.

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

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 248,269
Candidate Connection = 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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Gustafson's seat

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
✔
Image of Ingrid Gayle Gustafson
Ingrid Gayle Gustafson (Nonpartisan)
 
54.3
 
239,219
Image of James Brown
James Brown (Nonpartisan)
 
45.7
 
201,159

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 440,378
Candidate Connection = 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
✔
Image of Ingrid Gayle Gustafson
Ingrid Gayle Gustafson (Nonpartisan)
 
48.1
 
126,423
✔
Image of James Brown
James Brown (Nonpartisan)
 
36.4
 
95,607
Image of Mike McMahon
Mike McMahon (Nonpartisan)
 
15.5
 
40,872

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 262,902
Candidate Connection = 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

Candidates and election results

McKinnon's seat

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
✔
Image of Laurie McKinnon
Laurie McKinnon (Nonpartisan)
 
57.0
 
303,839
Image of Mike Black
Mike Black (Nonpartisan) Candidate Connection
 
43.0
 
229,232

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 533,071
Candidate Connection = 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.

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

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 318,027
Candidate Connection = 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.

Shea's seat

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
✔
Image of Jim Shea
Jim Shea (Nonpartisan)
 
100.0
 
432,032

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 432,032
Candidate Connection = 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 Jim Shea advanced from the primary for Montana Supreme Court on June 2, 2020.

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

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 298,973
Candidate Connection = 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

Gustafson's seat

General election

General election for Montana Supreme Court

Candidate
%
Votes
✔
Image of Ingrid Gayle Gustafson
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 Connection = 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.

Baker's seat

General election

General election for Montana Supreme Court

Candidate
%
Votes
✔
Image of Beth Baker
Beth Baker (Nonpartisan) Candidate Connection
 
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 Connection = 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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Clerk

General election

General election for Montana Supreme Court Clerk of Court

Candidate
%
Votes
✔
Image of Bowen Greenwood
Bowen Greenwood (R)
 
51.5
 
247,130
Silhouette Placeholder Image.png
Submit photo
Rex Renk (D)
 
42.6
 
204,411
Image of Roger Roots
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 Connection = 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
✔
Silhouette Placeholder Image.png
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 Connection = 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
✔
Image of Bowen Greenwood
Bowen Greenwood
 
100.0
 
124,567

There were no incumbents in this race. The results have been certified. Source

Total votes: 124,567
Candidate Connection = 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 Green check mark transparent.png (Incumbent/Unopposed)[12]

Seat 3 (Cotter's seat)

Justice Patricia O'Brien Cotter retired in 2016.[13]
■ Kristen Juras[12]
■ Dirk M. Sandefur Green check mark transparent.png[12]

Seat 6 (Shea's seat)

■ Jim Shea Green check mark transparent.png (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
Green check mark transparent.png 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
Green check mark transparent.pngMike McGrath81.76%
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
Green check mark transparent.pngJim Shea81.40%
Source: Montana Secretary of State
June 7 primary
Montana Supreme Court Primary, Seat 3, 2016
Candidate Vote % Votes
Green check mark transparent.png Kristen Juras 44.10% 100,846
Green check mark transparent.png 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
Green check mark transparent.png 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
Green check mark transparent.png 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

CandidateIncumbencyPrimary VoteElection Vote
HerbertW. David Herbert No23.5%ApprovedA21.6%   Red x.svgD
RiceJames Rice (Montana)ApprovedAYes76.2%ApprovedA78.2%   ApprovedA

Seat 2

CandidateIncumbencyPrimary VoteElection Vote
VanDykeLawrence VanDyke No38.2%ApprovedA40.8%   Red x.svgD
WheatMichael E. WheatApprovedAYes61.5%ApprovedA59.1%   ApprovedA

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
2024[14] 760 791
2023[15] 743 668
2022[16] 733 677
2021[17] 657 663
2020 669 713
2019[18] 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

Ballotpedia Courts Determiners and Dissenters navigation ad.png 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

Ballotpedia Courts State Partisanship navigation ad.png 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[19]
  • 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.[20]

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.

SSC by state.png


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.[21]

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.

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:[28]

“

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.[7]

”

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.[29]

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.[30]

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.[31]

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.[32]

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.[33]

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.[34]

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.[35]

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.

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
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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

Footnotes

  1. ↑ The salary of the chief justice may be higher than an associate justice.
  2. ↑ Montana Judicial Branch, "Previous Oral Argument Schedule," accessed August 15, 2021
  3. ↑ 3.0 3.1 Montana Judicial Branch, "About Judicial Branch," accessed August 15, 2021
  4. ↑ Montana Judicial Branch,"Montana Supreme Court Rules," accessed June 20, 2024
  5. ↑ Montana Judicial Branch,"Montana Supreme Court Rules," accessed June 20, 2024
  6. ↑ Montana Judicial Branch,"Brief History of the Montana Judicial Branch," accessed June 20, 2024
  7. ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  8. ↑ National Center for State Courts, "2025 Salaries and Rankings," accessed October 8, 2025
  9. ↑ 9.0 9.1 9.2 National Center for State Courts, "Methods of Judicial Selection," accessed August 11, 2021
  10. ↑ 10.0 10.1 Montana State Legislature, "The Constitution of the state of Montana," accessed August 11, 2021 (Article VII, part VII, section 8)
  11. ↑ Montana Judicial Branch, "Who We Are," archived February 1, 2019
  12. ↑ 12.0 12.1 12.2 12.3 Montana Secretary of State, "2016 candidate filing list: Non-Legislative," archived July 13, 2016 Cite error: Invalid <ref> tag; name "filing" defined multiple times with different content
  13. ↑ KPAX.com, "Money piles up in 2016 Montana Supreme Court race," archived May 7, 2016
  14. ↑ [https://courts.mt.gov/external/clerk/stats/2024/compare24.pdf Montana Judicial Branch, "Summary: Major Stat. Categories / Comparison: Calendar Year 2023 - 2024," accessed September 17, 2025
  15. ↑ Montana Judicial Branch, "Summary: Major Stat. Categories / Comparison: Calendar Year 2022 - 2023," accessed September 24, 2024
  16. ↑ Montana Judicial Branch, "Year to Year case comparison / 2021 and 2022," accessed September 24, 2024
  17. ↑ Montana Judicial Branch, "Clerk of Court case load statistics," accessed August 15, 2021
  18. ↑ Montana Judicial Branch, "Supreme Court caseload statistics 1972-2016," accessed September 19, 2019
  19. ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  20. ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
  21. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  22. ↑ Supreme Court of the United States, Espinoza v. Montana Department of Revenue, decided June 30, 2020
  23. ↑ Montana Supreme Court, ACLU of Montana v. Montana, September 19, 2017
  24. ↑ Montana Supreme Court, ACLU of Montana v. Montana, September 19, 2017
  25. ↑ Missoulian, "MISSOULIAN EDITORIAL: Montana Supreme Court rulings promote open government," January 19, 2014
  26. ↑ Miles City Star, "High court sides with man challenging officials," January 9, 2014
  27. ↑ New York Times, "Montana Ruling Bolsters Doctor-Assisted Suicide," December 31, 2009
  28. ↑ Montana Judicial Branch, "2009 Montana Code of Judicial Conduct," revised March 25, 2014
  29. ↑ Montana State Legislature, "The Constitution of the State of Montana," accessed August 15, 2021 (Article V, part V, section 13)
  30. ↑ Montana Judicial Branch, "Judicial Standards Commission Rules (AF 14-0356)," August 18, 2025
  31. ↑ Montana Judicial Branch, "Judicial Standards Commission," accessed August 15, 2021
  32. ↑ Montana Judicial Branch,"Brief History of the Montana Judicial Branch," accessed June 20, 2024
  33. ↑ Montana Judicial Branch,"Brief History of the Montana Judicial Branch," accessed June 20, 2024
  34. ↑ Montana Judicial Branch,"Brief History of the Montana Judicial Branch," accessed June 20, 2024
  35. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named history

Montana courts

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


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