Constitutional amendment revising selection of supreme court justices
Summary
HB 506 proposes a constitutional amendment to change how Montana Supreme Court justices are selected. Under the bill, justices would no longer be elected by voters; instead, they would be appointed by the governor from nominees supplied by a bipartisan nomination committee made up of legislative leaders and two attorneys, one chosen by each party side. The committee would provide at least three and no more than five nominees for a vacancy, and if it fails to do so, the governor would choose from a smaller lottery-selected list of nominees. Appointments would still require Senate confirmation, and the measure also sets procedures for filling vacancies, timing for nominations and appointments, and the term of service for appointees.
The bill would amend Article VII, section 8 of the Montana Constitution and, if approved by voters, would take effect on January 4, 2027. It applies only to Supreme Court vacancies occurring on or after the effective date. The measure would also preserve the existing election process for district court judges, while clarifying that an incumbent district judge would still appear on the ballot even if unopposed, allowing voters to approve or reject the judge. Because it is a constitutional amendment, it requires a two-thirds vote of the legislature and then approval by the electorate in the 2026 general election.
The general sentiment reflected in the bill’s history is mixed to negative. The bill did not advance and ultimately died in process, and the only recorded vote shown is a 11-9 motion in the House Judiciary Committee to table the bill, indicating substantial resistance. That vote suggests the proposal had support from a minority but not enough backing to move forward.
The main point of contention is the shift from judicial elections to gubernatorial appointment for Supreme Court justices. Supporters likely viewed the change as a way to create a more structured, merit-based selection process with bipartisan input and Senate confirmation, while opponents likely objected to reducing direct voter control over the state’s highest court. The inclusion of a nomination committee, lottery fallback, and Senate confirmation appears designed to balance executive appointment power, but the core issue remained whether Supreme Court justices should continue to be elected by the public or selected through an appointment system.
Impact
HB 506 would amend the Montana Constitution to replace popular election of Supreme Court justices with a gubernatorial appointment system based on nominations from a bipartisan committee, while leaving district court judge elections largely unchanged. It would alter the constitutional selection process, create new nomination and vacancy-filling procedures, require Senate confirmation for Supreme Court appointments, and apply only to future Supreme Court vacancies after the effective date.
Sentiment
The bill appears to have faced significant skepticism and did not progress, as shown by its failure in process and the committee vote to table it. The recorded 11-9 vote suggests a closely divided but ultimately unfavorable reception, with enough opposition to stop the measure from advancing. Overall, the sentiment in the available record is cautious to negative rather than broadly supportive.
Contention
The central controversy is judicial selection: whether Montana Supreme Court justices should be elected by voters or appointed by the governor from a nominee list. Supporters of the amendment likely favored a merit-selection model with bipartisan committee input and Senate confirmation, while opponents likely preferred preserving direct democratic election of justices. Secondary points of contention include the role of legislative leaders and attorneys on the nomination committee, the lottery fallback if the committee fails to produce nominees, and the broader constitutional change required to implement the new system.