top of page

Citing the Constitution: Montana's Independent Judiciary

Writer's picture: Reilly NeillReilly Neill



— February 4, 2025 —


I received a polling call last week asking if I would support or oppose the Montana State Legislature forming a new Supreme Court where the governor would appoint all justices.


Much like the Montana Constitution has since its inception, I will always support a judiciary elected by electors to preside over our Montana courts.


The Territory of Montana was organized by an Act of Congress, approved May 26, 1864. Section 9 of this Act vested the judicial power of the territory in a Supreme Court, District Courts, Probate Courts and Justice of the Peace Courts.


Article VIII in the original 1889 Montana Constitution provides for a Supreme Court elected by voters. When the Constitution was rewritten in the modern era, in 1972, Article VII confirms the manner in which Montana Supreme Court justices are elected: by the people.


The governor can appoint replacements when there are vacancies but the intentions of the language in the Constitution have been clear since Montana became a state: electors elect justices and judges.  


In Montana, we vote for non-partisan local judges and Supreme Court justices. Whether in Fergus or Flathead county, Montanans elect the best judge for the people.


We've done it this way with good results for over 135 years.


Voters have no appetite for changing our courts or our elections systems. In 2024, more than half of Montana voted against changing our statewide election structure by voting against CI-126 and 127, both initiatives geared to alter election structure voters rely on and know.


While either initiative may have had its merits, Montanans are hesitant to preemptively fix something they don't think is broken.


To paraphrase Article III, Section 3 of the Montana Constitution: The Power of the government of this state is divided into three branches: legislative, executive and judicial. No one charged with the exercise of power belonging to one branch shall exercise any power belonging to either of the others.


This is plain language from our state's governing document.


If the state legislature formed a separate Supreme Court and the governor appointed justices, no denial could be made this was unconstitutional. No Constitutional provisions account for this level of deviance.


Legislators and the executive officers of Governor, Secretary of State, Auditor, Attorney General, Superintendent of Schools and Lieutenant Governor all swear an oath to the Montana Constitution, the same document that reminds them to stay in their lane.


We have to have faith in our elected officials and the systems we have installed for governance and civil society. When this fails, we can depend on our Constitution. 

0 comments

Recent Posts

See All

Comentarios


NewLogo.png
bottom of page