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State of Montana

Judicial Selection in the States: Montana

Overview

News

Since at least 2015 North Carolina s legislature has taken a particular interest in redrawing the maps for the state s judicial districts (see here)....

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California law (Elec Code § 13107) allows for those seeking judicial office to designate their current principal professions, vocations, or occupation with up to a...

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A plan to restructure North Carolina s entire judicial election map was approved in committee earlier this week but appears to have been blocked from...

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Courtesy of the Bureau of Justice Statistics, U.S. Department of...

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The Montana judiciary consists of a supreme court, a district court, and various courts of limited jurisdiction. Supreme court and district court judges are chosen in nonpartisan elections. When interim vacancies occur, the governor appoints a candidate from a list submitted by the judicial nomination commission. Appointees must be confirmed by the senate.

In 1909, the Montana legislature passed the Nonpartisan Judiciary Act, prohibiting partisan filings by judicial candidates and requiring their nomination by citizen petition. The law was declared unconstitutional by the Montana Supreme Court in 1911 since it failed to provide any means for nominating candidates for newly created judgeships. State v. O'Leary, 115 P. 204 (Mont. 1911). In 1935, the legislature again made judicial elections nonpartisan, prohibiting political parties from endorsing, contributing to, or making expenditures to support or oppose judicial candidates.