Montana 2023 Regular Session

Montana Senate Bill SB311

Introduced
2/9/23  

Caption

Reduce the number of associate judges on the Supreme Court

Impact

The legislative decision to decrease the number of justices reflects a significant shift in the judicial landscape of Montana. Proponents of the bill may argue that a smaller court can lead to more streamlined decision-making processes and reduced costs associated with court operations. However, this change also raises concerns about potential impacts on the court's capacity to handle cases effectively. The reduction in justices could lead to increased workloads and the possibility of more split decisions, which could affect the consistency and stability of legal interpretations across the state.

Summary

Senate Bill 311 aims to reduce the number of associate justices on the Montana Supreme Court from six to four. The bill provides a framework for this reduction by eliminating specific associate justice positions as their terms conclude. Notably, the amendment will take effect on January 6, 2025, and there will be no elections for the eliminated positions during upcoming general elections in 2024 and 2026. This legislative change is part of a broader discussion on judicial reform and efficiency within the state's highest court.

Contention

Notable points of contention surrounding SB311 include debates over the necessity and implications of reducing the number of justices. Critics argue that this move may undermine the court's ability to independently review cases and adequately represent the interests of the public. Furthermore, the future of this bill may hinge on the potential for legal challenges, as there are stipulations included in the bill that outline its contingent voidness should the Montana Supreme Court deem the reduction unconstitutional. This aspect introduces another layer of complexity and concern for supporters and opponents alike.

Companion Bills

No companion bills found.

Previously Filed As

MT HB322

Reduce the number of associate judges on the Supreme Court

MT SB41

Courts; to further provide for the election of justices of the Supreme Court and judges of the appellate courts

MT HB646

Elect supreme court by districts

MT SJR3

Modifies provisions relating to judges of the Supreme Court and of the Court of Appeals, including length of terms, term limits, and nonpartisan elections

MT SB279

Courts, the further provide for the election of justices of the Supreme Court and judges of the appellate courts, Sec. 12-3-4 repealed; Secs. 12-2-1, 12-3-2, 12-3-3, 12-3-4, 17-6-48, 17-6-48.1 am'd.

MT SB302

Require partisan general elections for judges

MT SB230

Provide that office of court administrator is under clerk of the supreme court

MT SB287

Elections, provide for election of associate justices of the Supreme Court and judges of the appellate courts, const. amend.

MT ACA8

Elections: incumbent judges of the Supreme Court and courts of appeal.

MT SB40

Elections, provide for election of associate justices of the Supreme Court and judges of the appellate courts, constitutional amendment.

Similar Bills

No similar bills found.