By: John C. McKeon and David G. Rice
September 23, 2026
Published in The Glasgow Courier
After 30 years presiding over courts on Montana's Hi-Line, we affirm this long-recognized principle: An independent judiciary is essential to our democracy. This is not a partisan statement; but a civic one.
Our Founders understood human nature and the perils of unchecked power. Alexander Hamilton argued in 1878 Philadelphia for an independent judiciary to "guard the Constitution and the rights of individuals." James Madison insisted, "ambition must be made to counteract ambition."
These ideas were not abstract. They grew from monarchs, parliaments, and colonial governors exercising power without restraint. Delegates at Montana's 1972 Constitutional Convention heard much the same. They structured a judiciary based on this rule of law: No one is above the law – or beneath its protections.
Judicial independence is essential to the rule of law. To safeguard individual liberties, courts must be free to apply the law to the facts presented - even when doing so is unpopular, challenges powerful interests or contradicts party platforms. Otherwise, individual rights such as due process, fair trial and privacy are meaningless. Government action could become arbitrary. Farmers and ranchers could not rely on matters critical to their operations, such as property boundaries, water rights, calf contracts and equipment financing. Businesses could not operate on credit purchases and limited liability. Wage earners cannot be assured of safe work conditions.
Proposals recently surfaced to add party labels on judicial candidates or otherwise restructure the judiciary to inject partisanship into court proceedings. Regardless of intent, these proposals undermine the rule of law. They put the judiciary at risk of becoming another political arm of government or a tool for the powerful.
The Constitution cannot defend itself - persons who understand it and insist on preserving it can. CI-132 provides that opportunity. It inserts non-partisan judiciary elections into the Constitution. It would preserve an independent judiciary.
Vote Yes on CI-132.
John C. McKeon is a retired district judge for the 17th Judicial District, which includes Phillips, Valley and Blaine Counties. He lives in Malta.
David G. Rice is a retired district judge for the 12th Judicial District, which includes Hill, Choteau and Liberty counties. Formerly of Havre, he lives in Missoula.