Montana Supreme Court Disallows Referendum Over How Its Members Are Chosen

Matthew VadumAugust 14, 2022

The Montana Supreme Court has ruled that a referendum asking voters if the court’s justices should be elected in geographical districts instead of statewide on the upcoming Nov. 8 ballot would violate the state constitution.

Montana Attorney General Austin Knudsen, a Republican, blasted the 5–2 ruling.

“Opinions from the Montana Supreme Court have become little more than the rubberstamping of Democrat Party policies with a thin veneer of poor, tortured judicial reasoning,” Knudsen said in a statement.

“This is perhaps their most shameful and self-serving ruling yet. In order to protect their own jobs,” the five justices in the majority “deprived every Montanan of their right to decide how we elect Supreme Court justices,” Knudsen said.

Montana is one of 30 states holding elections this year for positions on their respective state supreme courts, according to Ballotpedia. The seven justices of the Montana Supreme Court are chosen by voters statewide in nonpartisan elections and serve staggered eight-year terms. If they wish to continue serving beyond their initial terms, they must run in retention elections. If a vacancy occurs before a justice’s term has expired, the state’s governor appoints a replacement who must be confirmed by the Montana Senate. If confirmed, the justice serves until the next general election.

Since Montana became a state in 1889, members of the Montana Supreme Court have been chosen in statewide elections. But in 2021, Republican lawmakers led by bill sponsor state Rep. Barry Usher questioned the impartiality of the judicial branch, and the Montana State Legislature approved HB 325 which allowed for a referendum to be put to voters that if passed would have created seven Supreme Court districts in the state. Several other bills aimed at curbing a perceived activist judiciary in the state were also approved by the Legislature.

Supporters of the legislation said