Senate Bill No. introduced by T. McGillvray establishes the Montana Court of Chancery, aimed at enhancing the efficiency and quality of justice in business law, land use law, and constitutional law. The bill outlines the court's jurisdiction, which includes hearing cases related to the constitutionality of legislative enactments, land use permits, and business disputes exceeding $80,000. It also provides for a removal process for cases with concurrent jurisdiction in district court, and allows for arbitration and mediation in matters pending before the chancery court. The court is required to adopt its own rules and procedures to ensure timely resolutions and may utilize alternative dispute resolution methods.
The bill details the structure and administration of the chancery court, including the appointment of three judges by the governor, who must have expertise in relevant legal areas. The judges will serve staggered six-year terms, with initial appointments set to end in 2027, 2029, and 2031. The court will operate from central offices in Helena, with judges holding trials in Billings, Great Falls, and Missoula. Additionally, the bill stipulates that judges' salaries will be 20% higher than those of associate justices of the Montana Supreme Court. The act is set to take effect on July 1, 2025, with certain provisions terminating on June 30, 2031.