Montana Supreme Court quashes subpoena of judicial emails
April 12, 2021
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HELENA, Mont. (AP) The Montana Supreme Court has temporarily quashed a legislative subpoena for the state court administrator s emails, which are believed to contain responses to a poll of District Court judges on legislation to give the governor more power in filling judicial vacancies between elections.
Gov. Greg Gianforte, a Republican, signed a bill into law in March to eliminate the Judicial Nomination Commission and allow the governor to directly fill judicial vacancies. A legal challenge was filed with the Montana Supreme Court the next day.
Chief Justice Mike McGrath recused himself from the case because he had met with Gianforte and Lt. Gov. Kristen Juras and urged them not to support the bill. District Court Judge Kurt Kueger was appointed to fill his spot.
Montana Supreme Court quashes subpoena of judicial emails apnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from apnews.com Daily Mail and Mail on Sunday newspapers.
The Montana Supreme Court administrator deleted the emailed results from a poll of judges seeking opinions on a law now being challenged in the Supreme Court, according to documents provided to the Montana State News Bureau.Â
The law Republican Gov. Greg Gianforte signed in March expanding his appointment power over judicial vacancies immediately spawned a lawsuit challenging the law s constitutionality. The lawsuit, in turn, has ignited an inquiry from the legislative and executive branches over a poll administered in January. The poll was conducted by an email sent out by the state Supreme Court administrator. It solicited approve-or-oppose opinions from District Court judges and Supreme Court justices regarding Senate Bill 140 on behalf of the Montana Judges Association.
Gavel.
The Montana Supreme Court will move forward with six justices to consider the constitutionality of a new law that gives the governor more discretion to appoint judges.
The court will have one empty seat on the bench as justices weigh the policy signed into law by Republican Gov. Greg Gianforte less than a month ago.
Senate Bill 140 eliminates a judicial nomination commission and provides the governor more power to appoint state district court and Supreme Court vacancies.
With an even number of justices, University of Montana law professor Anthony Johnstone says a split ruling could prevent the court from acting.
6 justices to hear Montana judicial nomination commission case greatfallstribune.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from greatfallstribune.com Daily Mail and Mail on Sunday newspapers.