Montana‘s nominally nonpartisan state Supreme Court has come under intense partisan scrutiny in recent years, as Republicans argue that the court’s repeated rulings blocking GOP-backed laws on constitutional grounds are evidence of liberal bias.
Rulings that have angered some members of the GOP include striking down a law that would have ended voter registration on Election Day and upholding the Armstrong precedent that interprets the state Constitution’s right to privacy as a protection. of access to abortion. Legislative Republicans have also criticized aspects of the court’s administrative practices and created select committees to investigate the court’s internal conduct.
Democrats, in turn, have argued that with the Montana Legislature and the governor’s office under Republican control, the court is the state’s only check on conservative excesses. They argue that Republican criticism of the court is not designed to foster transparency but rather to open the door to partisan control.
Two of the seven Superior Court seats, including the chief justice, are vacant in this year’s election, as incumbents Mike McGrath and Dirk Sandefur decided not to run for additional eight-year terms.
As part of our 2024 Election Guide project, Montana Free Press asked the six candidates vying for the court’s two open seats how they would articulate what is at stake in this year’s judicial elections. Their responses, provided through a written questionnaire, were lightly edited for grammar but were not subject to fact-checking and are otherwise presented verbatim.
WHAT WE ASK FOR
What do you think is at stake for who is elected to the Montana Supreme Court in this election, both for Montanans and for the Montana Constitution?
CANDIDATES FOR PRESIDENT OF JUSTICE
Jerry Lynch
Former federal judge
The stakes could not be higher in this election. Montanans of all political stripes face attacks on their constitutional rights and attempts by partisan extremists and out-of-state corporate interests to wrest control of government from the people. The Montana Constitution is a living document that derives its power from the consent of the governed. If we ignore it, demean it, or allow whatever political party is currently in the majority to destroy it, we have only ourselves to blame when our government stops functioning. Instead, we must elect leaders of the judiciary whose goal is not partisan political gain but the preservation of our constitutional rights and a government of the people, by the people and for the people.
Cory Swanson
Broadwater County Attorney
To modify a quote from Chief Justice John Roberts, the quickest way to remove politics from case decisions is to stop deciding cases on the basis of politics.
The Supreme Court should focus on judging appeals the old-fashioned way, regardless of the case before it. But some cases are inherently political, so what to do? Just focus on good old-fashioned appellate judgment. Follow the rules of interpretation as you would in any case. Let the law lead to the outcome, don’t decide the outcome and then modify the law or overturn precedent to get there. That is fundamental to the problem and the solution.
If the judiciary simply does its job this way, then political cases will be like any other case: the loser will be angry, but the reasoning will be clear and unquestionable. The Supreme Court should uphold the rule of law by removing political concerns from its legal interpretations. Let the law be clear and let the political chips fall where they may.
The third candidate for chief justice, Doug Marshall, did not respond to emails or a call inviting participation in the questionnaire before the MTFP election guide was published.
CANDIDATES FOR JUDGE OF THE SUPREME COURT
Katherine Bidegaray
state district court judge
The stakes are high because our 1972 Montana Constitution and many of the unique rights it protects—privacy, education, and the preservation of Montana’s pristine landscapes—face significant threats. Montana Supreme Court decisions deeply impact Montanans every day, which is why it is crucial to have justices with the integrity, strength and commitment to uphold our Constitution, protect and defend our Montana values and rights. and keep the judiciary fair and impartial. With 38 years of combined legal and judicial experience, I am fully prepared to fulfill that commitment.
Daniel Wilson
state district court judge
Whether Montanans are happy or disappointed with various decisions by our Supreme Court in recent years, the stakes for Montanans and our Constitution are the same regardless of the year or election. The question is whether we will have a court considered respectful of the Constitution and the rule of law – including precedent laws – or whether we will see one that goes beyond its own limits. For all Montanans, the answer to that question is at stake in this election.
Jerry O’Neil
former state senator
All three: my campaign, my election, and my performance as a Supreme Court Justice will help break the monopoly that limits the public’s access to our justice system.
O’Neil, a paralegal and former Republican state legislator from Columbia Falls who never passed the Montana bar exam but was allowed to practice before the Blackfeet tribal court, has been involved in a long-running legal dispute over his ability to practice law. in the Montana state court system.
You can see the complete MTFP 2024 electoral guide here.
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