Montana Supreme Court

Montana Supreme Court
Court information
Justices:	7
Founded:	1864
Location:	Helena, Montana
Judicial selection
Method:	Non-partisan election of judges
Term:	8 years
Active justices
Mike McGrath  •  Patricia O'Brien Cotter  •  James Nelson  •  James Rice  •  Brian Morris  •  Michael E. Wheat  •  Beth Baker  •
Former justices

The Montana Supreme Court is the highest court in Montana. The Montana Supreme Court meets in the Justice Building in Helena, Montana, the state's capital.

Justices

The Montana Supreme Court presently consists of a Chief Justice and six Associate Justices.^[1] The Montana Constitution provides for only four Associate Justices, but allows the Montana Legislature to increase the number of Associate Justices to six.^[2] Montana Supreme Court justices attain their seats via election. In the case of a mid-term vacancy, the Governor may appoint an interim judge, who must run in the election following their appointment if they wish to retain their seat.

2012 election

Jurisdiction

The Montana Supreme Court has original jurisdiction only over the extraordinary writs, which include habeas corpus, injunction, review, mandate, quo warranto, and supervisory control. This jurisdiction is concurrent with the Montana District Courts.

Judicial selection

See also: Judicial selection in Montana

Montana Supreme Court justices serve eight-year terms following a general election. If a vacancy occurs mid-term, the Montana Judicial Nomination Commission gathers three to five potential justices and submits these names to the governor. It is then the governor's responsibility to choose one to appoint. If he fails to do so within thirty days, the Chief Justice makes the choice. The appointment must be confirmed by the state senate; if the senate is not in session, the recess appointee serves until the next session. After having been appointed, the justice will need to run in the next general election to retain his seat for the duration of the unexpired term.^[1] Thereafter, he will serve eight-year terms for the duration of his service, subject to challenge by opponents. In any general election in which an incumbent judge whose term is up is unchallenged, he will be subject to a retention election.^[1]

Qualifications

To be a qualified candidate for the Montana Supreme Court, a person must be a citizen of the United States as well as the state for no less than two years, must be admitted to practice law in the state for no less than five years, and must reside in Montana during their term.^[2]

Removal of justices

To remove a Montana judge, he or she may be impeached by the legislature, or may be removed on recommendation of the judicial standards commission.^[3]

Caseloads

^[4]

Salaries

As of 2010, the Associate Justices earn $113,964 annually, while the Chief Justice earns $115,160. ^[5]

Notable decisions

History of the court

In 1864, the United States Congress granted Montana as a territory. With this Organic Act, the Territorial Supreme Court was created with one Chief Justice and two Associate Justices. The court's members for the territory were chosen by President Lincoln in the same year.^[6] The territory was divided into three judicial districts, one district for each justice. In 1886, a fourth justice was added to the court. The last session of the Territorial Supreme Court was on October 5, 1889, as Montana was brought into the Union as a state on November 8 of the same year.

The 1889 Montana Constitution created the Supreme Court of the state in Article VIII. The three members were to be elected to six-year terms in partisan elections. This remained the case until 1909 when the state legislature created the "Nonpartisan Judiciary Act." Rather than running in partisan elections, this act required that candidates to the court be "nominated by citizen petition"--this resulted in a very low voter turnout in the next general election in 1910. As a result, the law was declared unconstitutional by the state Supreme Court in 1911, as "it failed to provide any means for nominating candidates to newly created judgeships."^[7] The concept of nonpartisan elections was reintroduced as law in 1935; the legislature "prohibited political parties from endorsing, contributing to, or making expenditures in support of or opposition to judicial candidates." The number on the court increased over time; in 1919, the court increased from three justices to five, and in 1979, the court was increased again by two to a total of seven justices. Additionally, in a 1972 amendment to the state constitution, the term of office was increased by two years to eight.

Chief justice

As administrative head of the court, the Chief Justice presides over the court during hearings, and is considered the representative of the court at official state functions. The position of Chief Justice is determined with the general election. After then-Chief Justice Karla Gray announced her retirement in April 2007, Montana Attorney General Mike McGrath ran for the seat against Ron Waterman in November 2008. McGrath defeated Waterman and is the current Chief Justice of the court. See Montana Supreme Court elections for more details.^[8]

The table below represents the history of chief justices in the Montana Supreme Court.

Notable firsts

Supervision of the courts

As enumerated in the Montana Constitution, the court has administrative authority over the court system. Additionally, it regulates judicial groups. ^[9]

Boards and commissions

To assist in the supervisory role, the court appoints members to 20 boards and commissions. The list of these is below.

Procedures

Appeals from inferior courts

Appeals to the Montana Supreme Court are "appeals of right," meaning that the court does not have discretion as to whether it accepts review of the lower court's decision. Appeals are taken from both civil and criminal matters by a party filing a notice of appeal in the District Court that issued the order or judgment from which the appeal is sought.^[10] Contempt orders are not appealable, and so can only be reviewed on application for a writ of review.^[11] Criminal defendants may appeal only from final judgments of convictions, and other orders after judgment that affect substantive rights.^[12] On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offense of which the defendant was convicted to a lesser included offense; reduce the punishment imposed by the lower court; or order a new trial.^[13]

Applications for original writs

Applications for original writs are filed directly with the Montana Supreme Court. The court may then order that a summary response from opposing parties be filed immediately, or may dismiss the application at its next conference without such an order. If a summary response is ordered, the court considers the filings at its next conference. The court will subsequently dismiss the application, accept jurisdiction, order more extensive briefing on any issue raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. Pending its disposition of the application for the writ, the court may stay a lower court's proceedings, on motion by a party for good cause shown, or sua sponte. Individual justices may issue writs of habeas corpus on behalf of anyone held in custody for return to themselves, the full Supreme Court, or the District Courts. Individual justices may also issue writs of certiorari to review judgments of contempt.

Conference and argument

The Montana Supreme Court has promulgated Internal Operating Rules for its internal governance. The justices meet in conference twice a week to discuss pending matters. Its Tuesday conferences considers pending petitions for original jurisdiction, and matters that should be considered by the full court. Its Thursday conferences consider proposed opinions, petitions for rehearing, and appeal classifications. The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August.^[14] A majority of the court is required for quorum, and a majority of the court must concur in all decisions.^[15] If a justice is disqualified or otherwise unable to participate in a case, a District Court judge is substituted, and their opinion is given the same weight in that case as a sitting justice.^[16]

Written decisions

By statute, all decisions of the Montana Supreme Court must be in writing, and must set forth the grounds of the decision.^[17] However, it is up to the court to decide whether an unelaborated order or a full opinion is appropriate.^[18] If a full opinion is to be issued, its drafting is assigned to a justice during conference. The court attempts to hand down its decision within 120 days of when the case is submitted. All justices must indicate their concurrence in the opinion by signing it, and all justices disagreeing with the majority's decision must indicate this in a written dissent.^[19]

Citations and case reporters

Opinions of the Montana Supreme Court are assigned a "public domain" or "neutral-format" case citation, which consists of the year of decision, the state’s postal abbreviation, and finally a sequential number; the court’s sixth decision handed down during 2006, for example, would have the citation 2006 MT 6. The Montana Reports, published by State Reporter Publishing Company, is the official case reporter of Montana Supreme Court opinions. Its opinions are also included in the regional Pacific Reporter published by West Group. When citing to its previous decisions, the Montana Supreme Court cites to both print reporters as well as the neutral-format citation.

External links

• Montana Supreme Court Official Site
• History of the Montana Judicial Branch
• Chief Justices of Montana
• Great Falls Tribunes.com, "Referendums would go straight to voters", April 7, 2011
• The Associated Press "Supreme Court hears arguments over police records" 09/15/11
• Daily Inter Lake "State Supreme Court hears cases in Kalispell" Friday September 14, 2011
• Daily Inter Lake "A first-hand look at justice" September 15, 2011
• Great Falls Tribune, "Great Falls attorney files for Montana Supreme Court seat," Nov. 10, 2011
• Independent Record, "High court to hear arguments in AZ investment case," February 7, 2012

References

2012 election

See also: Montana judicial elections, 2012

2010

See also: 2010 State Supreme Court elections

Beth Baker and Nels Swandal competed to fill the seat vacated by William Leaphart. Beth Baker succeeded in her bid.

Montana Supreme Court 2010 General election results
Candidates		Votes	Percent
Beth Baker		n/a	52%
Nels Swandal		n/a	48%

Incumbent Michael E. Wheat ran uncontested and was reelected.

Montana Supreme Court 2010 General election results
Candidates		Votes	Percent
Michael E. Wheat		n/a	n/a'%'

2008

See also: State Supreme Court elections, 2008

Mike McGrath and Ron Waterman competed to fill the seat left vacant by chief judge Karla M. Gray. McGrath succeeded in his bid.

Montana Supreme Court 2008 General election results
Candidates		Votes	Percent
Mike McGrath		n/a	75%
Ron Waterman		n/a	25%

Incumbent Patricia O'Brien Cotter ran uncontested and was reelected.

Montana Supreme Court 2008 General election results
Candidates		Votes	Percent
Patricia O'Brien Cotter		n/a	n/a