Panel praises MT new judicial pick law - NBC Montana
MISSOULA, Mont. — In a few weeks, Montana’s Governor will select two new District Court judges, one in Gallatin County and the other in Yellowstone.
It will mark the second time the governor will use a new state law about mid-year election nominations.
We’re working for you to explain the law that changed Montana’s constitution.
The new law grabbed headlines. Supporters bill it as transparent and open to public input. Opponents called it a power grab by Governor Greg Gianforte.
Here’s how a member of the first judicial panel to replace a Cascade County judge put it. “We were sent a packet of every nomination, including all of the public comments,” said Brett Doney.
Doney and a group of other Cascade County members reviewed applications, discussed the candidates and made a recommendation to the governor.
“It's nice to have local input and we had people who were involved with the courts from legal profession, from law enforcement, from working with victims of crimes to just general community representative such as myself,” said Doney.
But we can’t find anything in the new law, Senate Bill 140, that requires a citizen panel.
Here’s what we did find. The Supreme Court announces a mid-term vacancy. Qualified candidates get 40 days to apply. If you meet the qualification and get three letters of support, you’re a nominee.
So who’s up for the District Court positions in Yellowstone and Gallatin Counties? All it takes is a click of the mouse and you can read their application, work history, writing sample and letters about them.
Now two 12-member advisory panels are reviewing the exact information you can see online. The panels are made up of business people, like Bozeman’s Joe Billion. He owns an auto dealership. There are two former judges, Nels Swandal from Park County and Russ Fagg from Yellowstone County.
Then there are seven attorneys. The Montana State Bar Association’s president praised their involvement.
He stated: "In 2021, Montana law changed regarding the selection of judges when there is a vacancy requiring a gubernatorial nomination. We are glad to see that Governor Gianforte has continued to engage with the members of the practicing bar in the vetting and selection process, including in the case of these two vacancies, by including several attorneys on the advisory councils who have been very involved with the State Bar of Montana in various capacities.”
Toss in some retired law enforcement, a foster mom and a few others and you’ve got a panel.
We checked and found 11 out of the 24 members donated to Gianforte’s 2020 gubernatorial campaign.
Doney didn’t. He called the Cascade County panel diverse, transparent and respectful.
“And, you know, we were just giving advice. So I'm sure there will be situations where the current governor or future governor chooses a different nominee. And you know, that that is certainly their prerogative, but it was nice that the governor took our recommendation, and I think we ended up with a fantastic judge,” Doney said.
Governor Gianforte’s office sent us this statement about the reasoning behind the law:
"The purpose of judicial advisory councils is to review applicants and recommend to the governor candidates who are committed to the fair, consistent, and objective application of the law and who will interpret laws, not make them from the bench. The council meets publicly to review applicants.
These councils are not required by law, but rather, the governor established them to increase public engagement and provide greater collaboration in the selection process by community leaders familiar with the work of the court.
The governor values the public input of community members before making these decisions, and is pleased with the success of the process in the Eighth Judicial District.
The governor’s approach to judicial vacancies is similar to how he approached appointing cabinet directors during the gubernatorial transition.
You may recall he stood up a transition advisory team for each agency, and he charged each with identifying and reviewing exceptional candidates to serve as agency heads and members of related boards. This collaborative approach is one he brings with him from his extensive experience as an executive in the private sector.
For each of the judicial advisory councils the governor created this year, individuals asked to serve on the council have been recommended by the governor, the lieutenant governor, and local leaders.
As noted above, the governor charges judicial advisory councils with reviewing applicants and recommending to him candidates who are committed to the fair, consistent, and objective application of the law, and who will interpret laws, not make them from the bench.
As far as next steps, the 13th Judicial District Advisory Council is scheduled to meet next Wednesday in Billings, and the 18th Judicial District Advisory Council is scheduled to meet next Friday in Bozeman. Details will be made available on nominatejudges.mt.gov early next week."
We have an interview scheduled tomorrow with the governor.
source: https://nbcmontana.com/news/local/panel-praises-mt-new-judicial-pick-law
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