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Brown v. Gianforte

488 P.3d 548 (2021)

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Brown v. Gianforte

Montana Supreme Court
488 P.3d 548 (2021)

SC

Facts

In 1972, the Montana Constitution was amended to change the way that candidates were nominated for judicial vacancies. The delegates to the constitutional convention considered a process by which an appointed committee would nominate judges. According to the transcript, some delegates liked the proposal and some had reservations. Ultimately, the delegates delegated the nomination issue to the legislature (defendant), adopting language in the constitution that the governor would appoint new judges from nominees selected “in a manner provided by law.” In 1973, the legislature responded to the constitutional amendment by passing a law establishing a seven-member judicial-nomination committee. In 2021, the legislature passed a new law providing that any person who was otherwise eligible to be a judge could apply and be considered for appointment by the governor if he or she obtained support letters from three citizens. This system replaced the old system of nomination by the judicial-nomination committee. As under the old system, the new system required a public-comment period after the submission of applications. Petitioners (plaintiffs) challenged the constitutionality of the 2021 law, arguing that the new process failed to adequately vet candidates for the judiciary.

Rule of Law

Issue

Holding and Reasoning (Shea, J.)

Dissent (McKinnon, J.)

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Comparative Constitutional Law

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