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Montana witnesses urge keeping judicial elections nonpartisan as committee re-hears testimony
Summary
A small re-opening of testimony on SB 42 drew retired judges and long-time civic participants who urged the committee to maintain nonpartisan judicial elections, citing Montana's 90-year practice and concerns about politicizing the bench.
The committee briefly re-accommodated witnesses who were unable to testify during a prior hearing on SB 42 and heard three opponents explain why they oppose partisan elections for judges.
Evan Barrett, a retired civic activist and constitutional historian from Butte, framed the debate in historical terms and urged the committee not to "rush" toward partisan elections, saying nonpartisan judicial elections have served Montana for decades. "Keep our courts fair by keeping them nonpartisan," Barrett said.
Former district judge Jeffrey Sherlock and retired judge David Rice described their courtroom experiences, stressing that judges must follow the law regardless of personal or party preferences and that party labels provide little information about judicial decision-making. Sherlock recommended allowing independent or nonpartisan candidacies to avoid burdensome petition requirements and suggested, if the change proceeds, returning the question to the voters as a referendum.
The chair apologized for prior technical glitches that had prevented online witnesses from speaking earlier and said the three opponents' testimony would be entered into the official record; no formal motion was adopted to reopen the original hearing.
