During the last session of the Legislature, a series of Judicial Reform bills were considered, including Senate Bill 42–carried by Sen. Daniel Emrich of Great Falls, which would have required Supreme Court Justices to declare their party affiliations on the ballot. The bill intimately failed.
Now the group–Montanans For Nonpartisan Courts, has filed 2-initiative language proposals with the Secretary of State. The first is a Constitutional Initiative requiring Judicial elections remain forevermore non-partisan. The second requires any new court created by the Legislature to be non-partisan.
Arguing for his Senate Bill 42, Sen. Emrich says his bill, “is necessary to ensure that Montana voters are properly informed about the beliefs and affiliations of our judges and justices.”
Democrats fervently disagreed. Sen. Andrea Olsen of Missoula told her colleagues, “Our goal should be to protect the fair, impartial nature of the courts as the US and Montana Constitutions intended.”
Hot Springs resident John Marshall told the Senate Judiciary Committee the bill, …”puts the politics of a few over the rights and freedoms of Montanans.”
Once the language of the Initiatives is approved, Montanans for Nonpartisan Courts will have to gather a sufficient number of signatures to place the measures on the 2026 ballot. They’ll need to collect the signatures of 10% of those who voted in the 2024 elections from all 40 of the state Legislative Districts.
