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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A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted of a code of conduct last month, it was the only court in the country without one.
Why State Constitutions Matter on Election Day
Two new explainers examine voting rights under state constitutions and how state courts oversee ballot initiatives.
Interview: The Movement Toward ‘Green Amendments’ in State Constitutions
The founder of Green Amendments For The Generations, Maya van Rossum, discusses the impact of enshrining environmental rights in state constitutions.
In Montana’s Right to Participation, the Seeds of a Better Democracy
An underappreciated constitutional provision may call for more public involvement in government decisions.
Victims’ Rights Meet State Constitutions
The Maryland Supreme Court is considering appeals in the murder case of Adnan Syed, made famous by the “Serial” podcast.
Trends to Watch in State Abortion Litigation
Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.