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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The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
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.