Bill would allow political parties to contribute to judicial races
Editor's note: The Missoula Current inadvertently placed the wrong caption on a photo initially used for this story. We corrected it early Thursday and apologize for the error.
Clayton Murphy
HELENA (UM Legislative News Service) – Lawmakers on the House State Administration Committee heard testimony on a bill Wednesday that would allow political parties to contribute money to judicial campaigns in Montana.
Proponents of House Bill 39 say it would make judicial races more competitive, promote transparency and involve judicial races in the larger political discourse. Opponents say the bill would risk making the judicial system more partisan.
Rep. Tom Millett, R-Marion, is carrying the bill.
“ Political party contributions when done transparently and ethically serve as a bridge between the judiciary and the public, allowing the people to have more of a voice in the judicial selection process,” Millett said. “And isn't that what we want?”
Millett argued that current law isolates the judiciary and that allowing party contribution would keep judges attached to the needs of the public.
On behalf of the state bar association, Attorney Bruce Spencer opposed the bill.
“ The State Bar of Montana feels that is completely inappropriate because, as one of the proponents indicated, judges should be impartial and shouldn't be tagged with political labels,” Spencer said. “And if you do so, you impede the partiality of the judge.”
Patrick Yawakie, representing the Blackfeet and Rocky Boy tribes, argued passing HB 39 would also invite out-of-state funding into the state judiciary.
”When states implement these partisan elections, floods of money flow into the state from interests who are not from Montana, influencing Montana electors from true Montana values,” Yawakie said. “The biggest risk we have to partisan judicial elections is when decisions are made not on the basis of the Montana Constitution or law, but on the opinion of party lines.”
HB 39 was requested by the Senate Select Committee on Judicial Oversight and Reform.