Category: Fact Sheets

Create Montana Court of Chancery A Chancery Court is a specialized court. Under this proposal, the Chancery Court would have superseding jurisdiction over district courts. It would include three judges, appointed by the governor, who would serve 6-year terms. Montanans would pay over $2.7 million in the first year, and over $1.2 million each year…

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Create a Judicial Performance Evaluation Commission and System Senate Bill 45 proposes changes that could significantly impact the independence of Montana’s judiciary by altering how judges are selected and retained. This bill raises concerns about maintaining fair and impartial courts, a core principle in protecting the rights of all Montanans. Sponsor: Senator Tom McGillvray (R-Billings)This…

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Allocating Judicial Standards Commission to the Department of Justice House Bill 35 proposes reallocating the Judicial Standards Commission to the Department of Justice. The Senate Select on Judicial Oversight and Reform requested this bill for the 2025 Legislative Session. Sponsor: Representative Fiona Nave (R-Columbus)This is a Senate Select Committee on Judicial Oversight and Reform requested…

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Allowing Legislative and Executive Leadership to Vacate a Writ of Mandamus Senate Bill 21 proposes a change to state law regarding writs of mandamus-court orders that compel government officials or entities to perform specific duties they are legally required to do. SB 21 would allow legislative and executive leaders, specifically the President of the Senate,…

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Montana’s judicial elections have been nonpartisan since 1935, when the legislature prohibited political parties from endorsing, contributing to, or making expenditures in support of, or opposition to, judicial candidates. Current proposals to change the non-partisan nature of judicial elections could undermine judicial impartiality by increasing political influence over court decisions by implementing partisan elections for…

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Revise Supreme Court Public Records Laws by Opening Deliberations and Files to the Public Senate Bill 40 proposes the recording of closed judicial deliberations of the Montana Supreme Court and would mandate the disclosure of those deliberations and case information once a case has been finalized. SB 40 seeks to make internal court discussions part…

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Remove Supreme Court Original Jurisdiction for Ballot Review Senate Bill 13 seeks to eliminate the Montana Supreme Court’s original jurisdiction in cases involving ballot reviews, except for writs of habeas corpus. This change would mean that such cases would first need to be heard in lower courts before potentially reaching the Supreme Court on appeal.…

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