HELENA — One of the big efforts from Republicans in this legislative session is judicial reform. On Wednesday, the Montana Senate debated Senate Bill 42 which would fundamentally change judicial elections in the state by making them partisan.
(Watch to learn more about efforts to make judge elections partisan in Montana)
Supporters say the legislation will improve transparency in the system, while opponents say it will inject partisan politics into a branch that should remain neutral.
“This bill provides for transparency in judicial elections,” said the bill’s sponsor Sen. Daniel Emrich, R-Great Falls. “Opponents of this bill would have you believe that judges are incapable of rendering impartial decisions if they are allowed to exercise their free speech rights. This is a fallacy. Every judge understands they have a responsibility to faithfully adjudicate the law.”
Currently, all candidates for judicial positions—including a Supreme Court seat—appear on a single primary ballot, with the top two candidates moving on to the general election. None of the candidates have a party label.
Opponents of SB 42 argued the judicial branch should remain separate from party loyalty.
“I hear the position of the sponsor on this, right, and that position is transparency. But what I'll tell you is underneath it is politics, right? That’s what’s happening,” said Sen. Laura Smith, D-Helena. “If you've got Supreme Court, District Court and Justice of the Peace who are now required, right? They have no option. They are required to list a partisan party that's going to impact the impartiality of our courts.”
Supporters of SB 42 note that under the bill judge candidates could run as independents rather than join a party. Opponents say running as an independent in a partisan election still indicates affiliation toward a party. Independent candidates also must collect enough signatures to qualify for the ballot.
SB 42 passed second reading 29 to 21, with three Republicans joining the Democrat caucus in opposition.
