Montanans For Liberty And Justice
Supporting Judges Who Uphold and
Follow Our Montana Constitution
Fairly and Impartially
Judges in Montana are nonpartisan, and judicial candidates are specifically prohibited to "seek, accept, or use endorsements from a political organization, or partisan or independent non-judicial office-holder or candidate." Rule 4.1, MONTANA CODE OF JUDICIAL CONDUCT. That Rule further provides that judicial candidates are required to "take reasonable measures to ensure that other persons do not undertake, on behalf of the judge or judicial candidate" such partisan activity.
Montana Republican leaders have a fundamental misunderstanding of our constitutional system of government, and most importaqntly, of the role of the judiciary. Even though subject to public election, a judge plays a role different from that of a legislator or executive branch official. Rather than making decisions based upon the expressed views or preferences of the electorate, a judge is required to make decisions based upon the law and the facts of each individual case.
Our Constitution sets forth the rights and responsibilities of Montanans, and it limits what government can make us do. Article II of our Montana Constitution sets out individual rights for of all Montanans. When judges hear cases about laws the legislature passed, they should always put upholding the Constitution and protecting our rights first, making sure the politicians don’t go too far. Under our Constitution, the judicial branch serves as a check and balance against overreach by politicians.
A judge's top priority is upholding the Montana Constitution, fairly and impartially. A judge should always put the Montana Constitution and our rights first, and put politics last. Partisan politics have no place on the Montana Supreme Court, where it is our justices’ job to be fair and impartial, follow the rule of law and uphold our state Constitution.
Republicans misuse the term “rule of law.” To them it seems to mean “we rule, so any legislation passed is law” regardless of whether it violates our Constitution. To most Montanans, “rule of law” means that judges look to and follow statutes passed by the legislature and the provisions of our Constitution, and when a statute is challenged, judges are required to assess whether our Constitutional rights are being violated, or not.
The vast majority of Montanans that want our judges to be nonpartisan, as our Constitution mandates, following the rule of law, delivering justice for the people of Montana fairly and impartially, and upholding the rights of all Montanans under our Montana Constitution.