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
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Kansas Supreme Court Declares Voting Is Not a Fundamental Right
The decision makes it more likely that laws restricting voting rights in Kansas will be upheld, though protections for voting remain.
State Supreme Court Elections to Watch in 2024
Key races in Michigan, Montana, Kentucky, and Ohio will shape state law on reproductive rights, criminal justice, and much more.
Three U.S. Supreme Court Cases that Transformed State Judicial Elections
Judicial elections have become major political battlegrounds — complete with dark money, special interests, and attack ads — thanks to several U.S. Supreme Court decisions.
Ballot Initiatives that Protect Abortion Rights Depend on Fair State Courts
From interpreting language to determining legality, state courts play a large role in efforts to protect abortion through ballot initiatives.
Every State Supreme Court Justice in One Searchable Database
A new resource from the State Law Research Initiative lets users sort the nation’s high court justices by state, professional background, party affiliation, and more.
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.