Montana
Montana’s highest court is the Montana Supreme Court. The court has six associate justices and one chief justice. Chief justices are elected in the same manner as associate justices. (Source: Montana Constitution; Montana Supreme Court Overview)
Judicial Selection
Montana Supreme Court justices are selected to serve eight-year terms through a nonpartisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through nonpartisan elections. If no candidates register to challenge the incumbent, the justice stands in an unopposed yes/no retention vote. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The candidate must be confirmed by a majority of the state senate. The appointed justice holds office until Montana’s next general election. The elected justice serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Montana has had two state constitutions adopted in 1889 and 1972. As of January 1, 2026, it had 37 amendments. (Data on file with John Dinan, Wake Forest University.)
Filters
Sanctuary City Politics and Separation of Powers Conflict in Montana
Municipalities in Montana are testing the bounds of the state’s anti-sanctuary law, leading to a remarkable conflict between local government and the state attorney general.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
Fines, Fees, and Bail in State Courts
Recent state supreme court cases, including a major California ruling last week, address the burden of court-imposed financial obligations on criminal defendants.
State Courts Offer Protection Against Pregnancy Discrimination
Courts in almost two dozen states have rejected the U.S. Supreme Court’s reasoning that discrimination based on pregnancy is not sex discrimination.