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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Florida Supreme Court Hears Pivotal Abortion Case
The conservative court is being asked to revisit precedents protecting abortion rights.
Modernizing State Constitutions Helps Judges Do Their Jobs
A recent Montana state court decision reveals the interpretative clarity afforded by state constitutions that undergo regular and transparent revision.
Catching Up with State Courts
State courts have had a busy summer, with key rulings on abortion, guns, and environmental rights.
The Greening of State Constitutions
Courts play an increasingly important role in enforcing states’ environmental rights amendments.
State Courts Confront Climate Change
Two lawsuits seek relief from climate change using state constitutions.
Montana Lawsuit Confronts States’ Responsibility for Climate Change
The trial will show the obstacles to enforcing environmental provisions in state constitutions.
New Hurdles for Citizen Ballot Initiatives
Ohio legislators aim to head off an abortion rights constitutional amendment.
Montana Supreme Court Expands Abortion Access
The high court reaffirmed the right to abortion under the Montana Constitution.