Montana Supreme Court Decisions

Seven justices serve on the Montana Supreme Court, which reviews appeals directly from district courts. There is no intermediate appellate court in the state. The Supreme Court also reviews appeals from the workers’ compensation and water courts. It must review any case that is appealed from any of these courts. In other words, it does not have discretion to decide whether to review a case. The Montana Supreme Court also holds original jurisdiction over writs of habeas corpus and cases that have not yet reached the district courts in which the dispute is entirely legal rather than factual. It has a constitutional mandate to oversee the operations of lower courts in the state. The Court must issue each of its decisions in writing, and any justice who dissents from the decision must issue a written dissenting opinion.

Each justice on the Supreme Court serves an eight-year term. A candidate to serve on the Court must be a U.S. citizen who has been a resident of Montana for at least two years. They also must have been admitted to practice law in Montana for at least five years. While they are serving on the Supreme Court, they must continue to reside in Montana. Candidates run in a general non-partisan election, and a justice may run for reelection when their term expires. If no opponent challenges the reelection of a justice, they will need to win a retention election to stay on the Court.

The Governor of Montana may appoint an interim justice if a vacancy arises in the middle of a term. This process starts when the Montana Judicial Nominating Commission provides the Governor with a list of three to five nominees. The Governor has 30 days to choose a nominee from this list, or otherwise the Chief Justice of the Supreme Court will make the decision. The Montana Senate must confirm the appointment. The interim justice then must run in the next general election after they have been appointed to stay on the Court.