Montana 2025 Regular Session

Montana Senate Bill SB41

Introduced
12/12/24  
Refer
1/7/25  
Engrossed
1/29/25  
Refer
1/30/25  
Enrolled
4/11/25  

Caption

Requiring substitution of district court judges by random selection

Impact

If enacted, SB 41 will significantly affect the way judges are assigned in Montana’s district courts. It is designed to reduce the risk of perceived bias by introducing a systematized method of judge substitution. This bill reinforces the principle of fairness in the judicial process by adhering to a standard of random selection rather than leaving the process to individual discretion, which could result in inconsistencies.

Summary

Senate Bill 41 aims to establish a procedure for the random selection of subsequent judges in cases where a district court judge has been substituted, disqualified for cause, or recused. The bill requires the office of the court administrator to implement this procedure, ensuring that newly appointed judges are selected randomly while remaining geographically close to the original judge's district. The change is intended to enhance judicial impartiality and reduce potential bias in judge selections for ongoing cases.

Sentiment

The sentiment surrounding SB 41 reflects a supportive stance from members of the Senate Select Committee on Judicial Oversight and Reform, who view the random selection process as a necessary reform to enhance judicial integrity. While the bill has garnered overall support, there may be concerns regarding the implementation and the potential complexity of establishing a state-wide random selection procedure. However, the general consensus appears to favor the idea of a structured approach to ensure fair judicial processes.

Contention

Notable points of contention with SB 41 may arise from the practical aspects of its implementation, particularly how effectively the court administration can establish and maintain the random selection procedure. Additionally, there is potential resistance from judges or attorneys who may prefer a more traditional or flexible approach to judge substitutions. The balance between maintaining judicial independence and ensuring accountability will likely be an ongoing discussion as the bill progresses.

Companion Bills

No companion bills found.

Previously Filed As

MT SB224

Require court report on district court case numbers and substitutions

MT HB436

Revise laws regarding the substitution of judges

MT HB709

Create and share publicly a district court/judge performance indicator display

MT SB302

Require partisan general elections for judges

MT SB355

Require disqualification of certain judges receiving political contributions

MT SB377

Revise laws for courts of limited jurisdiction

MT HB722

Generally revise district courts budget presentation in budget

MT SB252

Expand state ethics laws to include the judicial branch and judges

MT SB372

Constitutional amendment to revise selection of certain judges and justices

MT SB299

Require an audit of the district courts

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