Montana lawmakers heard more than a dozen bills last week aimed at regulating the state’s courts and judges. They included one of the top priorities for Republicans: to make judicial elections partisan.
Republican lawmakers have wanted more oversight over the judicial branch for years.
They accuse some state Supreme Court justices and judges of bias against conservative policies and overreach on legislative powers. Democrats and other advocates for the judiciary say GOP proposals infringe on the separation of powers and are politically motivated.
Republicans, including Gov. Greg Gianforte, say they can solve the dispute by making judicial elections partisan, meaning judges run with a political party’s letter behind their names.
Sen. Daniel Emrich of Great Falls is proposing just that.
“This would give the opportunity for the general public to really see what candidate that they are donating to and what they represent,” Emrich said.
Supporters say the change will force the judiciary to be more transparent.
Montana has selected judges in nonpartisan elections since 1935. Seven other states currently use partisan races to elect them.
Bruce Spencer spoke in opposition of the bill on behalf of the Montana State Bar.
“We don’t want the judiciary swinging on the whims of partisanship throughout history, We want them to be a stable part of our government,” Spencer said.
Spencer pointed to a 2023 poll from Montana State University, the League of Women Voters and the Montana Public Interest Research Group. 71% of respondents said they do not want judges to run under partisan labels. Of the Republicans who responded, 61% agreed with that position.
Lawmakers began scrutinizing the branch more acutely after discovering that judges polled themselves on legislation that would affect the branch in 2021. A special legislative committee has produced 27 bills for this session.
Those include proposals to lower the threshold for impeachment, change oversight of the commission in charge of judicial discipline, and allow political parties to donate to judicial campaigns.
Copyright 2025 Montana Public Radio