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Montana chief justice urges more judges, faster mental‑health evaluations and preservation of legislative records
Summary
Chief Justice Swanson told a joint session of the Montana Legislature that the judicial branch needs three additional district court judges in Yellowstone County, faster forensic mental‑health evaluations to avoid trial delays, and an effort to preserve committee hearing recordings from 1997–2003.
Chief Justice Swanson told a joint session of the Montana Legislature on Monday that the state judiciary needs greater capacity, including three additional district court judges in Yellowstone County, faster mental‑health evaluations for criminal defendants, and a coordinated effort to preserve decades of legislative committee recordings.
"We also ask for the addition of 3 district court judges in Yellowstone County," Chief Justice Swanson said during his prepared remarks to legislators and guests. He said Yellowstone County accounts for a disproportionate share of time‑intensive cases: a high percentage of statewide criminal filings and child neglect cases.
Swanson said long waits for court‑ordered mental evaluations and treatment — including transfers to the Galen forensic mental‑health facility and placements at the Montana State Hospital — are delaying trials and forcing judges into difficult choices about detention or release. "This solution lies entirely in your hands," he said. "The problem is real, it is statewide, and it's not going away." He warned that prolonged delays could lead to dismissals of serious criminal cases.
The chief justice also urged the legislature to lead an effort to catalog and preserve legislative archives maintained across multiple institutions. He said recordings of committee hearings from 1997 through 2003 are at particular risk because some exist only on single cassette tapes. "There is one subset of these records that is in danger of being permanently lost," he said, urging an interim study or commission to coordinate the Montana Historical Society, State Library, Legislative Services Division and State Law Library.
Swanson said the judicial branch will undertake a comprehensive review of its programs and staffing to seek efficiencies and better meet current needs. He asked lawmakers to focus on measures that build judicial capacity and avoid statutory changes that could undermine the judiciary’s ability to function, noting that some proposed bills may raise separation‑of‑powers concerns.
Swanson closed by asking legislators to consider the judiciary’s operational needs as they weigh budget and policy decisions. "If you support my vision to increase the capacity and proficiency of the judiciary," he said, "I ask that you consider these remarks each time you vote on a judicial bill."
