HB 915 proposed to amend Article VII, Section 8, of the Montana Constitution by changing the method of selection for justices of the Montana Supreme Court from statewide elections to appointments made by the governor. I voted against this constitutional amendment because it would adversely affect the fundamental principle of the separation of powers in the Montana constitution.
Under this bill, instead of only to fill vacancies, the governor would appoint, subject to senate confirmation, every justice on the supreme court. This change would make the Montana Constitution very similar to the U.S. Constitution with one major difference. Federal judges, at all levels, are appointed for life. The term for the seven Montana supreme court justices is eight years. There is no term limit. The terms are staggered so that no more than two seats on the court are scheduled for election at the same time. It is common practice for justices to resign or retire before the expiration of their term in order to allow the governor to appoint the successor who completes the unfinished term and then runs for reelection as an incumbent, which is often uncontested and thus requires very little campaigning. For example, three of the seven current justices were initially appointed to their seats by governors rather than by election. This practice is similar to the practice of federal judges, most notably Supreme Court justices, who usually retire during the presidential administration of their political party. The difference though is the term. Since U.S. Supreme Court justices serve for life, a two-term President would be lucky to appoint three of the nine justices (Trump appointed three, Obama two, Bush II two, Clinton two, Bush I two, Reagan four). With eight-year staggered terms and no guarantee of reappointment for Montana supreme court justices, a two-term governor will be able to appoint (or replace) all seven justices on the supreme court by the end of his or her eight years in office.
Paid for by Rusk for Legislature. P.O. Box 531, Corvallis, MT 59828. Republican.