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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State Constitutional Conventions Explained
The nation’s first constitutional convention in decades may take place in Louisiana this summer.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
State Supreme Court ‘Shadow Dockets’: More Power with Less Transparency
State supreme courts are shaping the law and resolving some of the most consequential issues facing society in ways that are almost impossible for us to see.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
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.