Montana Supreme Court

Montana Supreme Court
Court Information
Justices: 7
Founded: 1864
Location: Helena, Montana
Salary
Associates: $173,759
Judicial Selection
Method: Nonpartisan election of judges
Term: 8 years
Active justices
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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 district courts, water court and workers' compensation court.

Justices

Justices of the Montana Supreme Court

Judge	Appointed By
Bowen Greenwood	Elected
Cory Swanson	Elected
James A. Rice	Judy Martz (R)
Laurie McKinnon	Elected
Beth Baker	Elected
Ingrid Gayle Gustafson	Steve Bullock (D)
Katherine M. Bidegaray	Elected
Jim Shea	Steve Bullock (D)

Judicial selection

See also: Judicial selection in Montana

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 state senate; if the senate is not in session, the 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.

Qualifications

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.

Chief justice

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.

Jurisdiction

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 workers' compensation and 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.

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 writs 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.

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.

Caseloads

Fiscal Year	Filings	Dispositions
2014	*	*
2013	666	848
2012	621	702
2011	581	732
2010	572	629
2009	688	861
2008	506	783
2007	600	713

• Montana had not yet provided caseload data for 2014 at the time this table was published.

Elections

2018

Main article: Montana Supreme Court elections, 2018

The terms of two Montana Supreme Court justices expired on December 31, 2018. Those justices stood for nonpartisan election by voters in 2018 in order to remain on the bench. Ingrid Gayle Gustafson and Beth Baker won re-election.

2016

Candidates

Chief Justice (McGrath's seat)

■ Mike McGrath (Incumbent/Unopposed)

Seat 3 (Cotter's seat)

Justice Patricia O'Brien Cotter retired in 2016.
■ Kristen Juras
■ Dirk M. Sandefur

Seat 6 (Shea's seat)

■ Jim Shea (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
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
Mike McGrath	81.76%
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
Jim Shea	81.40%
Source: Montana Secretary of State

June 7 primary

Montana Supreme Court Primary, Seat 3, 2016
Candidate	Vote %	Votes
Kristen Juras	44.10%	100,846
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
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
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

Candidate	Incumbency	Primary Vote	Election Vote
HerbertW. David Herbert	No	23.5%A	21.6%   D
RiceJames Rice (Montana)A	Yes	76.2%A	78.2%   A

Seat 2

Candidate	Incumbency	Primary Vote	Election Vote
VanDykeLawrence VanDyke	No	38.2%A	40.8%   D
WheatMichael E. WheatA	Yes	61.5%A	59.1%   A

2012
See also: Montana judicial elections, 2012 Candidate Incumbency Department Primary Vote Election Vote MorrisBrian Morris   A Yes 72.29%A    A SheehyEd Sheehy     No Number 5 34.20%A 43.88%   A BestElizabeth Best     No Department 2 32%   McKinnonLaurie McKinnon   A No Number 5 33.49%A 56.11%   A

2010

See also: 2010 State Supreme Court elections Beth Baker and Nels Swandal competed to fill the seat vacated by William Leaphart. Beth Baker succeeded in her bid. Montana Supreme Court 2010 General election results Candidates Votes Percent Beth Baker n/a 52% Nels Swandal n/a 48% Incumbent Michael E. Wheat ran uncontested and was re-elected. Montana Supreme Court 2010 General election results Candidates Votes Percent Michael E. Wheat n/a n/a'%'

2008

See also: State Supreme Court elections, 2008 Mike McGrath and Ron Waterman competed to fill the seat left vacant by chief judge Karla M. Gray. McGrath succeeded in his bid. Montana Supreme Court 2008 General election results Candidates Votes Percent Mike McGrath n/a 75% Ron Waterman n/a 25% Incumbent Patricia O'Brien Cotter ran uncontested and was re-elected. Montana Supreme Court 2008 General election results Candidates Votes Percent Patricia O'Brien Cotter n/a n/a

Political outlook

See also: Political outlook of State Supreme Court Justices

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.

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 here. The supreme court has also promulgated Internal Operating Rules for its internal governance.

Boards and commissions

To assist in the supervisory role, the court appoints members to 20 boards and commissions. The complete list is below.

Advisory Commission on Rules of Civil and Appellate Procedure Board of Bar Examiners Civil Jury Instructions Guidelines Commission Commission of Continuing Legal Education Commission on Character and Fitness Commission on the Code of Judicial Conduct Commission on Courts of Limited Jurisdiction Commission on Practice Commission on Rules of Evidence Commission on Self-Represented Litigants

Commission on Technology Commission on Unauthorized Practice Criminal Jury Instructions Commission District Court Council Equal Justice Task Force Gender Fairness Commission Judicial Nomination Commission Judicial Standards Commission Sentence Review Division Uniform District Court Rules Commission

Ethics

Judicial ethics

The Montana Code of Judicial Conduct was created in 2008. It is composed of four canons.

“

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.

”

Read the code in its entirety here.

Removal of justices

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.

Montana Judicial Standards Commission

A complaint may also be filed about a judge with the 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.

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.

Financial disclosure

See also: Center for Public Integrity Study on State Supreme Court Disclosure Requirements

In December 2013, the Center for Public Integrity (CPI) released a study on disclosure requirements for state supreme court judges. According to their website, CPI's purpose is "[t]o serve democracy by revealing abuses of power, corruption and betrayal of public trust by powerful public and private institutions, using the tools of investigative journalism." Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the previous three years. The study gave 42 states and Washington, D.C., failing grades. Montana earned a grade of F in the study. No state received a grade higher than "C." The study also reported 35 instances of questionable gifts, investments overlapping with caseloads, and similar potential ethical quandaries, along with 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation.

Noteworthy cases

• Right to sue for lack of government openness (2014)	Click for summary→
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. 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.

• Doctor-assisted suicide (2009) (Baxter vs. Montana)	Click for summary→
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."

• Court orders AG to rewrite statement for bathroom bill initiative	Click for summary→
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 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. 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. 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.” 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. Read more about the court case, the supreme court’s ruling, and the attorney general’s ballot title 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.

Location of the court

The Montana Supreme Court meets in the Justice Building in the capital city, Helena.

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.

Former justices

All former justices of the Montana Supreme Court:	click for list →
Name:	Dates served:
Mike Wheat	2010-2017
James Nelson (Montana)	1993-2012
William Leaphart	1995-2010
John Warner	2003-2009
Karla Gray	1991–2008
Jim Regnier	1997–2004
Terry Trieweiler	1990–2003
William E. Hunt	1985–2000
Jean A. Turnage	1985–2000
Charles E. Erdmann	1995–1997
Fred J. Weber	1981–1995
John C. Harrison	1961–1994
R. C. McDonough	1987–1993
John C. Sheehy	1978–1991
Diane Barz	1989–1990
J. C. Gulbrandson	1983–1989
Frank B. Morrison	1981–1987
Daniel J. Shea	1977–1985
Frank I. Haswell	1967–1985
Gene B. Daly	1970–1983
Paul Hatfield	1977–1978
Wesley Castles	1957–1977
James T. Harrison	1957–1977
John W. Bonner	1969–1970
Hugh R. Adair	1943–1968
Hugh H. Adair	1943-1968
Stanley M. Doyle	1961–1967
R. V. Bottomly	1949–1961
Albert H. Angstman	1929-1934; 1945–1961
Horace S. Davis	1954–1957
Forrest H. Anderson	1953–1956
Harrison J. Freebourn	1949–1954
Lee Metcalf	1947–1953
Fred L. Gibson	1947–1949
I. W. Choate	1947–1949
Edwin K. Cheadle	1945–1947
Howard A. Johnson	1939–1946
Carl Lindquist	1946
Albert Anderson	1941–1945
Leif Erickson	1939–1945
Ralph L. Arnold	1939–1941
Claude F. Morris	1935–1947
Sam V. Stewart	1933-1939
Ralph J. Anderson	1933–1939
O.P. Goddard	1938–1939
Walter B. Sands	1935–1938
John A. Matthews	1919–1920; 1925–1937
Llewellyn L. Callaway	1922–1935
Sam C. Ford	1929–1933
Albert J. Galen	1921–1933
Henry L. Myers	1927–1929
Albert P. Stark	1923–1929
Warren Toole	1926–1927
William L. Holloway	1903–1926
Wellington D. Rankin	1924–1925
Charles H. Cooper	1919–1924
George W. Farr	1922–1923
Frank B. Reynolds	1921–1922
Theodore Brantiy	1899–1922
John Hurley	1919-1921
George Y. Patten	1919
William Trigg Pigott	1897–1903; 1918
Sidney Sanner	1913–1918
Henry C. Smith	1907–1913
George R. Milburn	1901–1907
Robert L. Word	1900–1901
William Henry Hunt	1894–1900
William Pemberton	1893–1899
Horace R. Buck	1897
William H. DeWitt	1889–1897
Edgar N. Harwood	1889–1895
Henry N. Blake	1875-1893

State profile

Demographic data for Montana
	Montana	U.S.
Total population:	1,032,073	316,515,021
Land area (sq mi):	145,546	3,531,905
Race and ethnicity**
White:	89.2%	73.6%
Black/African American:	0.5%	12.6%
Asian:	0.7%	5.1%
Native American:	6.5%	0.8%
Pacific Islander:	0.1%	0.2%
Two or more:	2.5%	3%
Hispanic/Latino:	3.3%	17.1%
Education
High school graduation rate:	92.8%	86.7%
College graduation rate:	29.5%	29.8%
Income
Median household income:	$47,169	$53,889
Persons below poverty level:	17%	11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Montana. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Montana

Montana voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, three are located in Montana, accounting for 1.46 percent of the total pivot counties.

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Montana had two Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.10 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Montana coverage on Ballotpedia

• Elections in Montana
• United States congressional delegations from Montana
• Public policy in Montana
• Endorsers in Montana
• Montana fact checks
• More...

Recent news

The link below is to the most recent stories in a Google news search for the terms Montana Supreme Court. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Montana Supreme Court - Google News

See also

Montana	Judicial Selection	More Courts
Courts in Montana Montana Supreme Court	Elections: 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019 • 2020 • 2021 • 2022 • 2023 • 2024 • 2025 Gubernatorial Appointments Judicial Selection in Montana	Federal Courts Other State Courts Local Courts

External links

• Montana Judicial Branch, "Montana Supreme Court"
• Montana Judicial Branch, "Brief History of the Montana Judicial Branch"
• Independent Record, "High court to hear arguments in AZ investment case," February 7, 2012
• Daily Inter Lake, "A first-hand look at justice," September 15, 2011
• Daily Inter Lake, "State Supreme Court hears cases in Kalispell," September 14, 2011

Footnotes

Montana courts

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Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana

State courts:

Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court

State resources:

Courts in Montana • Montana judicial elections • Judicial selection in Montana