Guest Column | By: Jeff Sherlock and Kitty Curtis
October 27, 2026
Published in the Independent Record
As retired district court judges who worked in courtrooms across Montana, we know there is no Democratic or Republican way to handle the everyday court cases Montanans face. That’s why we support Constitutional Initiative 132 to keep our judicial elections nonpartisan.
When considering a child custody case, a contract dispute or a boundary line dispute, a judge doesn’t consider a party platform or consult with a party leader before deciding the difficult issues presented by the facts of the case. We listen carefully to the facts, consider the law applicable to the case and make a decision, without bias or prejudice for or against any party.
In child custody cases, we listen closely to children (if appropriate) and their parents. We seek to understand their needs. We learn about the history of care that has been provided and consider what arrangement would be most likely to ensure the safety and well-being of the children. Then we make a decision consistent with the law.
In a property dispute, we seek to fully understand the parties’ contractual obligations and learn the facts that constitute the conflict. Throughout the process, we consider the Montana Constitution and state laws, and we use these as lodestars to guide us toward a resolution that is fair and just.
Each day, in every single case, we work to ensure all people are treated equally under the law, and we believe, to achieve this goal, it is incumbent upon us to remain impartial and unbiased. If judges are allowed to run on a party platform, they may then be motivated to ensure their decisions are consistent with that platform. They might make decisions to improve their standing with powerful members of their party, particularly when facing reelection. In this scenario, for some judges, political popularity could become a higher priority than legal impartiality. Even the possibility that this has occurred erodes the public’s confidence in the judiciary, which is the very foundation of our judicial system.
We don’t want any Montanan to ever step into a courtroom where a judge has one eye on the law and one eye on partisan politics. We don’t want any Montanan to feel that they can’t trust the judge to rule on only the facts and the law. Instead, we want our courts to remain fair and impartial, and that’s why we urge you to vote for CI-132 to keep our judicial elections nonpartisan.
Jeff Sherlock is a retired Lewis and Clark County District Court judge and Kitty Curtis is a retired Flathead County District Court judge.