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Chief Justice Swanson tells Montana Legislature judiciary needs more judges, faster mental‑health evaluation capacity
Summary
Chief Justice Corey Swanson urged the Legislature to fund additional judges in Yellowstone County, speed mental‑health evaluations for criminal defendants, preserve legislative archives and avoid measures that could undermine the judiciary's independence.
Chief Justice Corey Swanson told a joint session of the Montana Legislature that the state judiciary needs expanded capacity — both more judges and faster mental‑health evaluation and treatment — to handle rising caseloads and avoid delays that could impede criminal prosecutions.
"The rising caseload problem in Yellowstone County is not exaggerated," Chief Justice Corey Swanson told legislators, noting that in calendar year 2024 Yellowstone County accounted for 29% of statewide criminal filings and 26% of child neglect cases (figures cited by the chief justice). He requested legislation and funding to add three district court judges to the county to relieve the workload and improve timeliness.
Why it matters: Swanson framed the request as necessary to ensure timely adjudication and protect public safety. He warned that prolonged waits for court‑ordered mental evaluations and treatment at the Galen facility and Montana State Hospital can force judges into difficult choices — detain defendants in jail while they wait for treatment, or release them — and could lead to dismissal of serious cases for lack of timely action.
Swanson also identified several administrative priorities for the Legislature and the public. He asked lawmakers to support confirmation of judicial candidates for district and water court judgeships, to coordinate with the judicial branch on improvements and to fund preservation of legislative hearing recordings (which he said are at risk for loss because recordings from 1997–2003 exist only on single cassette tapes). He volunteered the state law librarian to participate in an interagency archival effort.
The chief justice urged restraint on legislative changes that would encroach on the judiciary's constitutional role. "If you support my vision to increase the capacity and proficiency of the judiciary, and if you've trusted my judgment up to this point, I ask that you consider these remarks each time you vote on a judicial bill," he said, cautioning lawmakers to weigh separation‑of‑powers concerns and the risk of predictable litigation.
Swanson said he will conduct a top‑to‑bottom review of the judicial branch budget and programs over the next two years to seek efficiencies and report back with recommendations. He described the branch as a relatively small portion of the state budget but one that requires careful stewardship to meet current needs.
