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Judicial selection in Montana
| Judicial selection in Montana | |
 | |
| Montana Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| Montana District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Montana, including:
As of April 2025, judges for all courts in the state except the Montana Water Court, Montana Workers' Compensation Court, and some Montana City Courts were selected through nonpartisan elections.[1][2][3] Judges for the Montana Water Court were selected by committees of district court judges.[4] The Montana Workers' Compensation Court judge was selected through gubernatorial appointment.[5] Montana City Court judges could either be elected or appointed.[3]
Click here to notify us of changes to judicial selection methods in this state.
Montana Supreme Court
- See also: Montana Supreme Court
The seven justices on the Montana Supreme Court are selected through nonpartisan elections to eight-year terms. When their terms expire, justices must run for re-election if they wish to remain on the court. If unopposed, a justice must stand for a yes-no retention election.[1][6]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a state resident for at least two years; and
- licensed to practice law in the state for at least five years.[1]
Chief justice
The chief justice of the court is selected through a nonpartisan election to an eight-year term.[1]
Vacancies
In the event of a midterm vacancy, the governor is responsible for appointing a new justice to the court. Once confirmed by the Montana state Senate, the justice will hold office until the next regular election. At that time, the appointed justice will be able to run for re-election or retention to complete the remainder of the unexpired term.[6]
The map below highlights how vacancies are filled in state supreme courts across the country.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 National Center for State Courts, "Methods of Judicial Selection," accessed August 11, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 National Center for State Courts, "Methods of Judicial Selection: Montana," accessed August 11, 2021
- ↑ 3.0 3.1 3.2 3.3 3.4 Montana Judicial Branch, "Courts of Limited Jurisdiction," accessed August 11, 2021
- ↑ 4.0 4.1 Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-201)
- ↑ 5.0 5.1 5.2 Montana State Legislature, "SB 140," accessed August 15, 2021
- ↑ 6.0 6.1 6.2 6.3 Montana State Legislature, "The Constitution of the state of Montana," accessed August 11, 2021 (Article VII, part VII, section 8)
- ↑ Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-202)
- ↑ Montana Judicial Branch, "Water Court," accessed August 11, 2021
- ↑ Montana State Legislature, "Montana Code Annotated 2019," accessed August 11, 2021 (3-7-221)
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 National Center for State Courts, "History of Reform Efforts: Montana," accessed August 15, 2021
- ↑ Montana Free Press, "Gianforte signs bill allowing governors to appoint judges to vacant seats," March 17, 2021
- ↑ The Montana Standard, "Gianforte signs bill granting himself power to appoint judges upon vacancies," March 16, 2021
- ↑ Associated Press, "Montana law upheld allowing governor to appoint judges," June 11, 2021
- ↑ Montana Judicial Branch, "Constitution of the State of Montana," July 4, 1889
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
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
