Montana Senate Bill SB372

Montana 2023 Regular Session

• Introduced: 2/15/23
• Refer: 2/16/23

Caption

Constitutional amendment to revise selection of certain judges and justices

Impact

If enacted, the bill would fundamentally alter the way judges are selected in Montana. The current system relies on electoral processes, which proponents argue often lead to uninformed voting due to a lack of comprehensive information regarding judicial candidates. By shifting to an appointment system, the bill intends to enhance judicial accountability and quality, as legislators would be responsible for nominating judges while the Senate would provide oversight through confirmation.

Summary

Senate Bill 372 is an act aimed at amending Article VII, Section 8 of the Montana Constitution regarding the selection and appointment process of Supreme Court justices and district court judges. The bill proposes that these judges be appointed by the state legislature rather than elected by the qualified voters, with confirmation required from the Senate. This legislative proposal is designed to allow for a more informed voting process by ensuring that the individuals who appoint judges are representative of the voters and that judges undergo a vetting process during confirmation.

Contention

There are notable points of contention surrounding SB372. Advocates of the bill, including certain legislative members, believe that an appointed judiciary would be less susceptible to political pressures compared to an elected one. However, opponents argue that this change could undermine democratic principles by removing direct voter input in judicial selections, thus impacting the independence and fairness of the judiciary. Concerns have also been raised regarding potential politicization of the judiciary, as appointments would depend on the current composition of the legislature.