Montana
Montana’s highest court is the Montana Supreme Court. The court has six associate justices and one chief justice. Chief justices are elected in the same manner as associate justices. (Source: Montana Constitution; Montana Supreme Court Overview)
Judicial Selection
Montana Supreme Court justices are selected to serve eight-year terms through a nonpartisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through nonpartisan elections. If no candidates register to challenge the incumbent, the justice stands in an unopposed yes/no retention vote. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The candidate must be confirmed by a majority of the state senate. The appointed justice holds office until Montana’s next general election. The elected justice serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Montana has had two state constitutions adopted in 1889 and 1972. As of January 1, 2024, it had 36 amendments. (Source: John Dinan, 2024)
Filters
Where Abortion Rights Could Be on the Ballot in 2024
As many as 14 states could have abortion-related constitutional amendments on the ballot this year.
The New Battle Over Youth Disenfranchisement
Laws curbing same-day registration and student ID use could stifle youth voter turnout.
Montana Strikes Down Voting Restrictions
At issue was a series of state laws passed in 2021 that created new hurdles for voting, such as eliminating Election Day voter registration and a ban on paid absentee ballot collection.
All Law Students Should be Educated About State Constitutions
Fortunately, there is a resource that makes it easy to incorporate state constitutions into the first-year constitutional law course.
The Constitutional Right to Food
Maine’s protections could be used as a stealth vehicle to thwart gun restrictions.
State Supreme Court Elections to Watch in 2024
Key races in Michigan, Montana, Kentucky, and Ohio will shape state law on reproductive rights, criminal justice, and much more.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.