Courts in Montana
| More information on Montana's state courts: |
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| Selection methods Elections Salaries Federal courts |
In Montana, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Montana's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Judicial selection process
- See also: Judicial selection in Montana and Montana judicial elections
Selection of state judges in Montana occurs largely through nonpartisan elections, though certain limited jurisdiction courts deviate from that method.[1][2]
The seven justices of the Montana Supreme Court are selected in nonpartisan elections to eight-year terms. When their term expires, they must run for re-election (or retention if they are unopposed) if they wish to remain on the court. Like the supreme court justices, the 46 judges of the Montana District Courts are chosen in nonpartisan elections. They serve six-year terms. Policies on re-election and the filling of interim vacancies are shared with the supreme court.[1][3]
Judges of the Montana Water Court are each appointed to a four-year term by a majority vote of a committee composed of district court judges.[4] Judges of the Montana Workers' Compensation Court are each appointed to a six-year term by the governor after being selected by a commission.[5]
To read more about judicial elections in Montana, click here.
Federal courts
The federal district court in Montana is the United States District Court for the District of Montana.
Appeals from this court goes to the U.S. Court of Appeals for the 9th Circuit.
Active judges
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| December 6, 2011 - |
Stanford University, 1973 |
University of Montana Law, 1976 |
||
| December 17, 2013 - |
Stanford University, 1986 |
Stanford University, 1992 |
||
| December 18, 2013 - |
Eastern Montana College, 1980 |
University of Montana School of Law, 1988 |
The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 3
- Republican appointed: 0
Judicial selection
Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.
Bankruptcy courts
There is one federal bankruptcy court in Montana. This court has subject-matter jurisdiction over bankruptcy cases. The federal bankruptcy court in Montana is:
State supreme court
- See also: Montana Supreme Court
Founded in 1889, the Montana Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Mike McGrath. In 2018, the court decided 695 cases.[6] The Supreme Court is the highest court in the state and the only appellate court, so it resolves all appeals from the lower courts. It also has original jurisdiction over some cases.[7]
The following judges sit on the court:
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| Montana Supreme Court | Beth Baker | Nonpartisan | January 3, 2011 |
| Montana Supreme Court | Katherine M. Bidegaray | Nonpartisan | January 1, 2025 |
| Montana Supreme Court | Ingrid Gayle Gustafson | Nonpartisan | January 1, 2018 |
| Montana Supreme Court | Laurie McKinnon | Nonpartisan | 2013 |
| Montana Supreme Court | James A. Rice | Nonpartisan | 2001 |
| Montana Supreme Court | Jim Shea | Nonpartisan | 2014 |
| Montana Supreme Court Chief Justice | Cory Swanson | Nonpartisan | January 1, 2025 |
Trial courts
District courts
- See also: Montana District Courts
There are 56 district courts in Montana organized into 22 judicial districts. According to the Montana Judicial Branch's website, the district courts "process all felony cases, all probate cases, most civil cases at law and in equity, certain special actions and proceedings, all civil actions that may result in a finding against the state for the payment of money, naturalization proceedings, various writs, and some narrowly-defined ballot issues." They also may hear certain appeals from the lower courts of limited jurisdiction.[8]
Courts of Limited Jurisdiction
- See also: Montana Courts of Limited Jurisdiction
The courts of limited jurisdiction include 61 justice courts, 84 city courts and six municipal courts.[9]
Water court
- See also: Montana Water Court
The Water Court has exclusive jurisdiction over water rights.[10]
Workers' compensation court
- See also: Montana Workers' Compensation Court
The Workers' Compensation Court mediates workers' compensation disputes in Montana.[11]
Youth court
The Youth Court has jurisdiction over referred juvenile cases.[12]
Drug Treatment Courts
Montana Drug Treatment Courts are limited jurisdiction district courts that specialize in drug or alcohol related cases.[13]
In other states
See also
External links
Footnotes
- ↑ 1.0 1.1 American Judicature Society, "Methods of Judicial Selection: Montana," accessed July 31, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Montana Limited Jurisdiction Courts," archived October 2, 2014
- ↑ Montana Judicial Branch, "District Court," accessed March 9, 2021
- ↑ Montana State Legislature, "Montana Code Annotated 2019, Title 3, Chapter 7, Part 2," accessed March 9, 2021
- ↑ Montana Department of Labor & Industry, "Workers' Compensation Court," accessed July 31, 2014
- ↑ Montana Judicial Branch, "2018 Caseload Dispositions Report," accessed September 19, 2019
- ↑ Montana Judicial Branch, "A Montana Supreme Court Overview for Students," accessed March 9, 2021
- ↑ Montana Judicial Branch, "District Court," accessed March 9, 2021
- ↑ Montana Judicial Branch, "Courts of Limited Jurisdiction," accessed March 9, 2021
- ↑ Montana Judicial Branch, "Water Court," accessed March 9, 2021
- ↑ Montana Department of Labor & Industry, "Workers' Compensation Court General Information About the Court," accessed March 9, 2021
- ↑ Montana Judicial Branch, "Youth Court," accessed April 10, 2023
- ↑ Montana Judicial Branch, "Montana Drug Treatment Courts," accessed April 10, 2023
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Montana • U.S. Bankruptcy Court: District of Montana
State courts:
Montana Supreme Court • Montana District Courts • Montana Courts of Limited Jurisdiction • Montana Water Court • Montana Workers' Compensation Court
State resources:
Courts in Montana • Montana judicial elections • Judicial selection in Montana
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