HELENA, Mont. (AP) The Republican-controlled Legislature's proposal to change the way Supreme Court justices are elected in Montana is unconstitutional and cannot appear on the November 2022 ballot, a state judge has ruled.
A district court judge Monday said he will grant a motion delaying sections in a new law plaintiffs argue could wreak havoc in the judicial system.Â
Judge Mike Menahan said he would issue the order to that effect in the coming days after hearing arguments in Lewis and Clark County District Court. The provisions of the new law had been set to take effect Thursday.
The progressive political mobilization group Forward Montana, along with Lewis and Clark County Attorney Leo Gallagher, the Montana Association of Criminal Defense Lawyers and Great Falls trial lawyer Gary Zadick are challenging the new laws implemented by Senate Bill 319. The lawsuit, which names the state of Montana and Gov. Greg Gianforte as defendants, alleges the bill was so dramatically amended with new policy changes that it violated the Montana Constitution.
The release included statements from Republican Senate Judiciary Committee Chair Sen. Keith Regier.
Levine and Abbott s hearings took place March 25, and Ohman s was March 26. Regier sponsored both Abbott and Ohman, while Democrat Diane Sands sponsored Levine.
The committee voted to recommend Gallatin County judge Peter Ohman. There was no mention in the release of the third interim judge up for confirmation, Lewis and Clark County judge Chris Abbott.
The Tribune reached out to Levine on Friday, but she was not available until after our print deadline. We will update this story with any comments she provides.
Regier said among the three candidates for the Cascade County judge position, Levine had the least amount of time practicing law under her belt and was chosen by former Gov. Steve Bullock over a candidate who had significant experience as a judge.