Montana Supreme Court Election

As is often true of contested judicial elections around the US, the Montana Supreme Court race between Dirk Sandefur and Kristen Juras involved a funding battle between businesses and the trial lawyers who sue them. According to the Montana Standard,

More than $1.1 million has been raised by Juras, Sandefur and organizations supporting their campaigns, according to state campaign finance records. The Republican State Leadership Committee’s Judicial Fairness Initiative, a DC-based political group funded primarily by large corporations, has bought ads to attack Sandefur, while various political action committees of the Montana Trial Lawyers Association have lined up to oppose Juras in what could be another record-setting fundraising year.

Sandefur won the election.

2016 Montana Supreme Court Candidates Debate

Listen to the debate between Kristen Juras and Dirk Sandefur on Montana Public Radio. Whoever is elected will serve eight years as one of seven justices in Montana’s highest court.

Retired Montana Supreme Court Justice James Nelson explains that this is just one of three elections to the court this year, but in the other two Chief Justice Mike McGrath and Justice Jim Shay are running unopposed.

Montana Supreme Court Election Most Expensive on Record

The NY Times reports on the "most expensive judicial race on record in Montana."  According to the Times, "conservative groups have spent about $640,000 — $469,000 by a political action committee financed by the Republican State Leadership Committee and $170,000 by Americans for Prosperity".  "In response, a political action committee financed largely by Montana trial lawyers and unions has spent $475,000."

The big picture: "Corporate interests, who say they are trying to preserve jobs and create growth, and trial lawyers, who say they represent the voiceless against the wealthy and powerful, have long gone head to head in judicial elections."

Montana Supreme Court Selection

Montana Supreme Court Selection

Montana Supreme Court justices are elected in contestable races (two or more candidates from which voters choose).  However, Montana (like many states with judicial elections) uses an appointive system to fill mid-term vacancies on the court.  That interim appointment process is about to occur because the U.S. Senate recently confirmed Montana Supreme Court Justice Brian Morris to a federal judgeship. 

The interim appointment process to the Montana Supreme Court works as follows (summarized by The Missoulian): a Judicial Nomination Commission interviews applicants and recommends three to five finalists to the governor. The governor must pick from that list and then the new justice is subject to confirmation by the Montana Senate.  The Nominating Commission consists of four non-lawyers appointed by the governor, a judge, and two lawyers appointed by the Montana Supreme Court.

In sum, Montana's interim appointment process is an amalgam of the Missouri Plan (nominating commission with special power for the bar) and senate confirmation (following the democratic appointment model of the US Constitution).