MT SB 140: Gianforte to fill judicial vacancies
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News from the office of Governor Gianforte
HELENA — Governor Gianforte signed SB 140 into law, revising laws related to the appointment of district court judges and Supreme Court justices to fill judicial vacancies.
“When judicial vacancies occur, I will appoint well-qualified judges who will protect and uphold the Constitution and who will interpret laws, not make them from the bench. I am committed to appointing judges transparently, providing for robust public input, and ensuring judges have a diversity of legal background and subject matter expertise,” Governor Gianforte said.
Under the Montana Constitution, voters elect supreme court justices and district court judges. If a supreme court justice or district judge leaves office before the end of his or her term, the Montana Constitution grants the governor the authority to appoint a replacement.
The Montana Constitution provides two substantial checks on the governor’s authority. First, a judge appointed by the governor must be confirmed by the Montana Senate. Second, a judge appointed by the governor must run in the next election to serve for the remainder of the term of his or her predecessor.
The Judicial Nomination Commission is not a feature of the Montana Constitution but instead was created by the legislature. Members of the commission are unaccountable appointees, are not subject to Senate confirmation, and cannot be removed.
Under the new law, the legislature grants the governor the authority to appoint judges to vacancies without the middleman of the commission. The new law provides for transparency and public input by requiring the governor to publicly announce a vacancy and requiring at least 30 days for public comment on applicants.
Sen. Keith Regier (R-Kalispell) sponsored SB 140.
For more information, particularly on the process the governor’s office will undertake for appointing judges to vacancies, people are encouraged to refer to Lieutenant Governor Juras’ testimony on SB 140 before the Senate Judiciary Committee on Feb. 9, 2021.
