The Senate Judiciary Committee is hearing a series of judicial reform bills this week, including legislation to elect judges on partisan ballots and periodically evaluate the performance of judicial officers.
Republican Senator Daniel Emrich of Great Falls, is sponsoring Senate Bill 42, which he claims would make judicial elections more transparent by requiring judges disclose their political affiliations to voters.
He says, “This bill is necessary to ensure that Montana voters are properly informed about the beliefs and affiliations of our judges and justices. Montanans deserve to know whether they are electing a judge that aligns with their values.”
In his Monday State of the State address, Governor Greg Gianforte endorsed the Senate’s call for partisan judicial elections, adding that Montana’s Supreme Court is already nonpartisan-in-name-only.”
Democrats on the Committee fervently disagree. Democratic Sen. Laura Smith of Helena told the committee, “We know Montanans want less politics in their lives, not more. Montanans want fairness and their freedoms protected. Montanans want justice in their courts, not politics.”
Hot Springs resident John Marshall told the committee, “SB 42 puts the politics of a few over the rights and freedoms of Montanans.”
Sen. Andrea Olsen of Missoula tells the committee, “No one wants more politics in our judicial system. Our goal should be to protect the fair, impartial nature of the courts as the US and Montana Constitutions intended.”
Sen. Cora Neumann of Bozeman adds, “This bill will force loyal public servants to become political and discourage good people from running for judge.”
There are at least 5-more bills in the hopper that purport to limit the Montana Supreme Court’s decision-making.