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
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.
Proposed Ballot Measure Would Limit Montana Legislature from Burdening Direct Democracy
The proposed measure is in reaction to legislative efforts to make it more difficult for citizens to amend the state constitution.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.
The Untold Story of 150 Years of Women in State Judiciaries
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.
What We're Watching in the 2026 Elections
State Court Report’s new Election 2026 hub provides coverage of major legal and judicial developments shaping this election cycle.
State Supreme Court Races to Watch in 2026
More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.