LTE: Judges Should Answer to the Law, Not a Political Party

Montanans will soon have an opportunity to protect an essential principle of our judicial system: judges should be elected based on their qualifications, experience, integrity and record—not the letter that might appear beside their name.

CI-132 would amend the Montana Constitution to require that judicial elections remain nonpartisan. It would preserve Montana’s longstanding practice while preventing a future Legislature from converting judicial races into partisan contests without first obtaining Montana voters' approval.

This should not be a Republican or Democratic issue. It is about maintaining an independent judiciary and preserving the proper separation between our courts and partisan politics. Legislators are elected to represent political viewpoints and advance public policy. Judges have a different responsibility. They must examine the facts, interpret the law and apply the Constitution fairly—even when the result is unpopular with elected officials, political parties or powerful interest groups.

Opponents argue that party labels provide voters with useful information. But a party designation tells us very little about whether someone possesses the judgment, temperament, legal ability, and personal integrity required to serve on the bench. It can also become a substitute for the careful evaluation judicial candidates deserve. Voters should examine a candidate’s professional experience, courtroom record, written decisions, ethical conduct and demonstrated respect for the Constitution. Those are meaningful measures of judicial fitness. A political label is not.

Nonpartisan elections do not mean judges have no personal beliefs. They mean judicial candidates do not run as representatives of a political organization—and elected judges are not expected to deliver decisions for the party that helped elect them.

Our courts must remain a place where every Montanan can expect to be heard fairly, regardless of political affiliation. Confidence in that system is strengthened when judges answer to the law, the Constitution and the people—not to party officials or partisan expectations.

CI-132 keeps voters in charge while protecting the independence of Montana’s courts. That is a principle worthy of constitutional protection.

Please vote yes on CI-132.

Mark Jacobs

Virginia City

Originally Published in The Madisonian on 7/22/26