Category: Fact Sheets
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Fact Sheet: The Importance of the Judiciary
The Montana and U.S. governments consist of three branches—legislative, executive, and judicial. This separation of powers, established by our Montana and U.S. Constitutions, includes a system of checks and balances to prevent any one branch from becoming too powerful. The judicial branch and our courts are essential in safeguarding our constitutional rights by interpreting laws,…
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FACT SHEET: About Friends of the Third Branch
We were founded in 2023 by four retired Montana lawyers who recognized that Montana’s courts and judges are facing increasing pressure from partisan efforts to influence, weaken, or politicize the judiciary. These threats to the independence of our courts erode public trust, restrict access to justice, and endanger our constitutional rights. We believe that Montanans…
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FACT SHEET: The Importance of Non-Partisan Elections of Judges and Justices
Montana’s Constitution guarantees judicial independence to maintain impartiality and uphold the rule of law. There are many types of courts in Montana. Municipal and justice courts deal with traffic violations and small claim disputes and see nearly 125,000 cases each year. District courts resolve most legal issues, including family law, business disputes, criminal complaints, and…
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Fact Sheet Senate Bill 42 & House Bill 295: Partisan Election of Judges and Justices
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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Fact Sheet – Senate Bill 45 (SB45)
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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Fact Sheet – House Bill 35 (HB35)
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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Fact Sheet – Senate Bill 21 (SB21)
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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Fact Sheet – Senate Bill 40 (SB40)
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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Fact Sheet – Senate Bill 13 (SB13)
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.…