Montana Supreme Court
Seal of the Montana Supreme Court
Interactive map of Montana Supreme Court
Established	1864
Jurisdiction	Montana, United States
Location	Helena, Montana
Composition method	Nonpartisan elections, midterm vacancies appointment bygovernor
Authorized by	Montana Constitution
Appeals to	Supreme Court of the United States
Judge term length	8 years
Number of positions	7
Website	Official website
Chief Justice
Currently	Cory Swanson
Since	January 6, 2025

TheMontana Supreme Court is thehighest court of the state court system in theU.S. state ofMontana. It is established and its powers defined by Article VII of the 1972Montana Constitution. It is primarily anappellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only havingoriginal jurisdiction in a limited number of actions. The court's chief justice and six associate justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Joseph P. Mazurek Building inHelena, Montana, the state's capital, aninternational style building completed in 1982 and named in the honor of former Montana Attorney General,Joseph P. Mazurek.^[1]

On May 26, 1864, theUnited States Congress passed the Organic Act,^[2] which formed theMontana Territory and established the Territorial Supreme Court. The court consisted of one chief justice and two associate justices, all of whom were appointed by thepresident of the United States and confirmed by theUnited States Senate; the court's first members were chosen by PresidentAbraham Lincoln in 1864. The Montana Territorial Supreme Court held its first session inVirginia City, Montana on May 17, 1865.^[3]

Each justice presided over one of the territory's three judicial districts, which meant that cases the Territorial Supreme Court heard on appeal were usually first tried in the Montana District Court by one of the justices. This arrangement was altered in 1886 when the Congress passed legislation that disqualified any justice who had previously participated in a case from hearing it on appeal; a fourth justice was also added to the court by the same act.^[3]

The Territorial Supreme Court rarely issued written opinions until 1872, when the Territorial Legislature established writtenreporting for the court.^[3] The Territorial Supreme Court held its last session on October 5, 1889; Montana became a state on November 8.

Article VIII of the 1889Montana Constitution established the Montana Supreme Court, and provided that its three members would be elected to six-year terms. These elections werepartisan until 1909, when the Montana Legislature enacted the Nonpartisan Judiciary Act.^[3] This prohibited partisan filings by judicial candidates and required that they instead be nominated by citizen petition. The resulting voter turnout in 1910 was minuscule (fewer than half those who voted on the partisan ballot for the Clerk of the Supreme Court voted for the Chief Justice on the non-partisan ballot) and so many considered the experiment to be a failure. The law was furthermore declared unconstitutional by the Montana Supreme Court in 1911 because it failed to provide any means for nominating candidates to newly created judgeships.^[4] Non-partisan elections were reinstated in 1935, when the legislature prohibited political parties from endorsing, contributing to, or making expenditures in support of or opposition to judicial candidates. Impact on voter participation was, by that time, less dramatic.

The membership of the court was increased by legislative act from three to five justices in 1919.^[3] The 1972 Montana Constitution, in Article VII, extended the judicial term of office from six to eight years, and allowed for the legislature to increase the number of associate justices by two members. In 1979 the legislature increased the size of the court from five to seven members to assist in handling the overburdened Court calendar.^[5]

The Montana Supreme Court presently consists of a Chief Justice and six Associate Justices.^[6] The Montana Constitution provides for only four Associate Justices, but allows theMontana Legislature to increase the number of Associate Justices to six.^[7] Each justice is elected for an eight-year term in a statewide,nonpartisan election. The terms are staggered so that no more than two seats on the court are scheduled for election at the same time. When a sitting justice runs unopposed, voters cast a "yes" or "no" vote as to whether to retain them. If the seat on the court is contested, the top two vote-getters in theprimary election are selected as the final candidates.

If a vacancy occurs on the court during a term, it will be temporarily filled by an appointment process. The Judicial Nomination Commission submits a list of three to five candidates to thegovernor of Montana, who then must choose one from that list to appoint. If the governor fails to make a selection within thirty days of receiving the list, the Chief Justice or Acting Chief Justice makes the nomination.

All appointments must be confirmed by theMontana Senate, thoughrecess appointments serve on the court until the next session of the Senate begins. If the Senate fails to confirm the appointee, the seat on the court will remain vacant and the selection and nomination process restarts. If confirmed, the appointee serves only until the next general election, and if then elected, only serves the remainder of the unexpired term to which they were initially appointed.

All justices of the Montana Supreme Court must becitizens of the United States and residents of Montana for at least two years immediately prior to taking office.^[8] They also must have been admitted to practice law in Montana for at least five years prior to the date of election. InCross v. VanDyke, the Montana Supreme Court held that admitted to the bar meant even though VanDyke was not an active member of the bar for five years, he was still eligible to run as a candidate for justice since his active and inactive time combined for at least five years.^[9] Justices must reside within the state during their term.

The chief justice is the administrative head of the Supreme Court. The chief justice presides overoral argument and court conferences, and represents the court at all official state functions.

The position of chief justice is filled directly by election, and candidates do not need to have previously served as an Associate Justice. Whenever the chief justice is temporarily absent, or permanently leaves the court during his term, the justice who is nearest the expiration of their term on the court presides as Acting Chief Justice.

TheClerk of the Montana Supreme Court is chosen by popular election for six year terms. The Clerk has the following duties by statute:

(a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law;

(b) adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices;

(c) file all papers or transcripts required by law to be filed;

(d) issue writs and certificates and approve bonds or undertakings when required;

(e) make out all transcripts to the supreme court of the United States;

(f) make copies of papers or records when demanded by law or the rules of the court; and

(g) perform other duties as may be required by law and the rules and practice of the supreme court.

MCA § 3-2-402.

The Marshall of the Supreme Court is appointed by the court, and is an employee of the judicial branch.^[11] The Marshall generally attends upon the Supreme Court during each term, and acts as alaw clerk, executive officer, andcourt crier. He has the duty ofserving all processes from the court within the state, and acts with the powers and duties of asheriff to the District Courts when necessary.^[12]

The Montana Supreme Court hears civil and criminal appeals directly from theMontana District Courts, which are thetrial courts ofgeneral jurisdiction in the state; Montana is one of ten states in the United States that does not have a distinct intermediate appellate court.^[13] The court also hears appeals from theMontana Water Courts and theMontana Workers' Compensation Court, which are specialized courts established by the legislation rather than part of the judicial branch under the Montana Constitution.

The Montana Supreme Court hasoriginal jurisdiction over the so-called extraordinarywrits, which includehabeas corpus,injunction,review,mandate,quo warranto, andsupervisory control. This jurisdiction isconcurrent with the Montana District Courts.

The Montana Supreme Court also may exercise original jurisdiction in a case that has not been through a District Court if there are no facts in dispute and the case presents only legal or constitutional questions.

The Montana Constitution grants the Montana Supreme Court broad administrative authority over the state court system to ensure its efficient and effective operation. It has general authority to adopt rules of practice and procedure for the lower courts. It also regulates theadmission of attorneys to the state bar, and theconduct of attorneys and judges generally. The Montana Supreme Court appoints the Court Administrator, who performs such duties as preparing and submitting the judicial budget to the legislature, compiling statistics on the business of the courts, and recommending improvements in the judiciary to the Supreme Court.^[14]

To fulfill its duties, the Montana Supreme Court manages twenty specialized boards and commissions, to which it appoints members to terms of either indefinite or specified length depending on the specific body. The structure of these commissions vary as well, such that some are composed exclusively of practicing attorneys, while others have a mixture of attorneys, judges, and laypeople.

Appeals to the Montana Supreme Court are "appeals of right," meaning that the court does not have discretion as to whether it accepts review of the lower court's decision. Appeals are taken from both civil and criminal matters by a party filing a notice of appeal in the district court that issued the order or judgment from which the appeal is sought.^[15]Contempt orders are not appealable, and so can only be reviewed on application for a writ of review.^[16]

Criminal defendants may appeal only from final judgments of convictions, and other orders after judgment that affect substantive rights.^[17] Indigent defendants are guaranteed representation by counsel at the state's expense. The state does not have the right to appeal from acquittals or convictions, but may appeal from court orders or judgments that dismiss charges, modify verdicts, grant new trials, quash arrests orsearch warrants, suppress evidence, suppress confessions or admissions, grant or deny achange of venue, or impose a sentence that is contrary to law.^[18]

The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had.^[19] When a lower court's judgment is altered on review of civil matters, the court may order restitution for any property or rights that a party lost due to an erroneous order, either by ordering it directly, or by ordering to District Court to itself order it.^[20] On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offence of which the defendant was convicted to alesser included offense; reduce the punishment imposed by the lower court; or order a new trial.^[21]

Applications fororiginalwrits are filed directly with the Montana Supreme Court. The court may then order that a summary response from opposing parties be filed immediately, or may dismiss the application at its next conference without such an order. If a summary response is ordered, the court considers the filings at its next conference. The court will subsequently dismiss the application, accept jurisdiction, order more extensive briefing on any issue raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. Pending its disposition of the application for the writ, the court maystay a lower court's proceedings, on motion by a party for good cause shown, orsua sponte.

Individual justices may issue writs ofhabeas corpus on behalf of anyone held in custody for return to themselves, the full Supreme Court, or the District Courts. Individual justices may also issue writs ofcertiorari to review judgments of contempt.

The Montana Supreme Court has promulgated Internal Operating Rules for its internal governance. The justices meet in conference twice a week to discuss pending matters. Its Tuesday conferences considers pending petitions for original jurisdiction, and matters that should be considered by the full court. Its Thursday conferences consider proposed opinions, petitions for rehearing, and appeal classifications. A five-justice panel determines how appeals to the Montana Supreme Court are reviewed by the court, such as for fulloral argument before the court sittingen banc, or to be decided purely on thebriefs submitted to either the courten banc or to a five-justice panel.

The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August. Briefs fromamicus curiae are accepted only if all parties consent in writing, or the court grants leave on motion stating the interest of the applicant and the reasons why it should participate. A motion of anamicus curiae for leave to participate in oral argument is granted only for "extraordinary reasons."^[22]

A majority of the court is required for quorum, and a majority of the court must concur in all decisions.^[23] If a justice is disqualified or otherwise unable to participate in a case, a District Court judge is substituted, and their opinion is given the same weight in that case as a sitting justice.^[24]

By statute, all decisions of the Montana Supreme Court must be in writing, and must set forth the grounds of the decision.^[25] However, it is up to the court to decide whether an unelaborated order or a full opinion is appropriate.^[26] If a full opinion is to be issued, its drafting is assigned to a justice during conference. The court attempts to hand down its decision within 120 days of when the case is submitted. All justices must indicate their concurrence in the opinion by signing it, and all justices disagreeing with the majority's decision must indicate this in a writtendissent.^[25]

Opinions of the Montana Supreme Court are assigned a "public domain" or "neutral-format"case citation, which consists of the year of decision, the state’spostal abbreviation, and finally a sequential number; the court’s sixth decision handed down during 2006, for example, would have the citation 2006 MT 6. The citations of decisions that have been designated as not for publication are followed by an "N" (e.g., 2006 MT 6N), to indicate that those decisions should not be cited forprecedential value in any court. All decisions have numbered paragraphs, so thatpinpoint citations can be used without reference to print reporters.

TheMontana Reports, published by State Reporter Publishing Company, is the officialcase reporter of Montana Supreme Court opinions. Its opinions are also included in the regionalPacific Reporter published byWest Group. When citing to its previous decisions, the Montana Supreme Court cites to both print reporters as well as the neutral-format citation.

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• State v. 1993 Chevrolet Pickup, 116P.3d 800 (Mont. 2005). The court ruled 6–2 that a warrantless search and seizure of a man's trash did not violate his constitutional rights. JusticeJames C. Nelson's reluctantconcurrence, which he based purely on existing courtprecedent, received significant attention for his dire warnings about the erosion ofcivil liberties. His opinion described the amount of personal information contained in trash, such asDNA, and the invasions of privacy he saw becoming more common in other areas of life. "I don't like living inOrwell'sNineteen Eighty-Four; but I do." He warned that "eventually, we are all going to become collateral damage in thewar on drugs, orterrorism, or whatever war is in vogue at the moment."
• Columbia Falls Elem. Sch. Dist. No. 6 v. State, 109 P.3d 257 (Mont. 2005). The court unanimously ruled that the state'spublic school system violated the Montana Constitution's requirement for the Legislature to fund and establish free schooling so as to provide students with a "quality" education.
• Big Spring v. Jore, 109 P.3d 219 (Mont. 2005). The court ruled 6–1 that seven double-punchedballots in an extremely close election for a seat in theMontana House of Representatives should not have been counted, because ballots were only valid under state law if the voter's intent could be clearly determined. The invalidation of those seven votes gave the election toDemocratJeanne Windham, whose win gave the Democrats the one seat they needed to have a majority in the Montana House. Had the trial court's counting of those votes been upheld, her opponent,Rick Jore, would have been the firstConstitution Party candidate to have won an election at the state level.
• Snetsinger v. Mont. Univ. Sys., 104 P.3d 445 (Mont. 2004). The court ruled 5–3 that the ineligibility of gay and lesbian employees of theUniversity of Montana fordomestic partner benefits violated their right toequal protection under the Montana Constitution.
• Baxter v. Montana
• State v. Gryczan

• History of the Montana Judicial Branch
• 1989-2005 Annual Reports of the Montana Judicial System; these include statistics for the caseload of the Montana Supreme Court as well as the District Courts, as well as the address of the Chief Justice to the joint session of the Montana Legislature, a history of the court and overview of its functions and procedures, and lists and profiles of the justices.
• Chief Justices of Montana
• Montana Supreme Court order regarding citation formats

• Official site of the Montana Supreme Court
• Decisions of the Montana Supreme Court since 1997 at

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• State supreme courts of the United States
• Government of Montana
• Montana state courts
• 1864 establishments in Montana Territory
• 1889 establishments in Montana
• Courts and tribunals established in 1864
• Courts and tribunals established in 1889

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