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)
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2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Very Close Race for North Carolina Supreme Court Seat
Key judicial races in other states brought an expanded Democratic majority in Michigan and solidified GOP control in Ohio.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
Voters Across the Country Amend Their Constitutions
Through ballot measures, voters expressed policy preferences on issues including abortion, drug legalization, and same-sex marriage.