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 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.
Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief
People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.