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
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.
The Constitutional Right to Food
Maine’s protections could be used as a stealth vehicle to thwart gun restrictions.
The Sorry State of Disclosure for State Supreme Court Justices
A new study reveals that disclosures by state supreme court justices are frequently hard to access and lack relevant financial information.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.