67th Legislature HB 325.1
1 HOUSE BILL NO. 325
2 INTRODUCED BY B. USHER, M. BLASDEL, B. BROWN, G. HERTZ, K. REGIER, C. SMITH, D. BARTEL, B.
3 BEARD, D. BEDEY, S. BERGLEE, M. BINKLEY, L. BREWSTER, J. CARLSON, J. DOOLING, R.
4 FITZGERALD, J. FULLER, W. GALT, J. GILLETTE, S. GREEF, S. GUNDERSON, J. HINKLE, C. HINKLE, K.
5 HOLMLUND, M. HOPKINS, J. KASSMIER, C. KNUDSEN, R. KNUDSEN, D. LENZ, B. LER, D. LOGE, M.
6 MALONE, W. MCKAMEY, M. NOLAND, B. PHALEN, J. READ, A. REGIER, K. SEEKINS-CROWE, L.
7 SHELDON-GALLOWAY, D. SKEES, M. STROMSWOLD, J. TREBAS, B. TSCHIDA, S. VINTON, K. WALSH, T.
8 WELCH, K. WHITMAN, K. ZOLNIKOV
9
10 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING SUPREME COURT DISTRICTS; PROVIDING
11 FOR THE SELECTION OF THE CHIEF JUSTICE; PROVIDING THAT THE PROPOSED ACT BE SUBMITTED
12 TO THE ELECTORATE AT THE 2022 GENERAL ELECTION; AMENDING SECTION 3-2-101, MCA; AND
13 PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.”
14
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
16
17 Section 1. Section 3-2-101, MCA, is amended to read:
18 "3-2-101. Number, election, and term of office -- selection of chief justice. (1) The supreme court
19 consists of a chief justice and six associate justices who are elected in separate districts by the qualified
20 electors of the state at large districts provided in [section 2]. Each justice must be elected at the general state
21 elections election next preceding the expiration of the terms term of office of their predecessors, respectively,
22 the justice's predecessor and hold their offices holds office for the term of 8 years from and after the first
23 Monday of January next succeeding their the justice's election.
24 (2) After the general election in 2024, the chief justice must be selected by the majority vote of the
25 seven justices at the first meeting of the court in each year after a general election."
26
27 NEW SECTION. Section 2. Supreme court districts defined -- number of judges. (1) In this state
28 there are seven supreme court judicial districts, distributed as follows:
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67th Legislature HB 325.1
1 (a) First district: Blaine, Cascade, Chouteau, Fergus, Hill, Judith Basin, Liberty, Pondera, Teton, and
2 Toole Counties;
3 (b) Second district: Big Horn, Carbon, Carter, Custer, Daniels, Dawson, Fallon, Garfield, Golden
4 Valley, McCone, Meagher, Musselshell, Park, Petroleum, Phillips, Powder River, Prairie, Richland, Roosevelt,
5 Rosebud, Sheridan, Stillwater, Sweet Grass, Treasure, Valley, Wheatland, and Wibaux Counties;
6 (c) Third district: Yellowstone County;
7 (d) Fourth district: Beaverhead, Broadwater, Deer Lodge, Granite, Jefferson, Lewis and Clark, Powell,
8 and Ravalli Counties;
9 (e) Fifth district: Flathead, Glacier, Lincoln, and Sanders Counties;
10 (f) Sixth district: Gallatin, Madison, and Silver Bow Counties; and
11 (g) Seventh district: Mineral, Missoula, and Lake Counties.
12 (2) There must be one supreme court justice selected from each district.
13 (3) The legislature shall review the districts after each decennial census for purposes of maintaining
14 districts with approximately equal populations while following county lines.
15
16 NEW SECTION. Section 3. Transition. (1) [This act] may not remove any justice that is holding
17 office on [the effective date of this act] during the term for which the justice was elected or appointed. After [the
18 effective date of this act], each sitting associate justice must be assigned to the judicial district that corresponds
19 to the associate justice's current seat number and the chief justice must be assigned to the seventh district.
20 (2) (a) Except as provided in subsection (2)(b), each supreme court justice who chooses to seek
21 reelection at the end of the justice's current term shall run for reelection in the district to which the justice is
22 assigned under subsection (1).
23 (b) A sitting justice that chooses to seek election in a district other than the district assigned under
24 subsection (1) may run for election in the district if the justice resigns the justice's current seat effective as of
25 the date the justice files for election in the district to which the justice seeks election.
26
27 NEW SECTION. Section 4. Codification instruction. [Section 2] is intended to be codified as an
28 integral part of Title 3, chapter 2, part 1, and the provisions of Title 3, chapter 2, part 1, apply to [section 2].
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67th Legislature HB 325.1
1
2 NEW SECTION. Section 5. Severability. If a part of [this act] is invalid, all valid parts that are
3 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
4 the part remains in effect in all valid applications that are severable from the invalid applications.
5
6 NEW SECTION. Section 6. Effective date. [This act] is effective upon approval by the electorate.
7
8 NEW SECTION. Section 7. Applicability. [This act] applies to the election and appointment of
9 supreme court justices to terms that begin on or after [the effective date of this act].
10
11 NEW SECTION. Section 8. Submission to electorate. [This act] shall be submitted to the qualified
12 electors of Montana at the general election to be held in November 2022 by printing on the ballot the full title of
13 [this act] and the following:
14 [] YES on Legislative Referendum ____.
15 [] NO on Legislative Referendum ____.
16 - END -
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Statutes affected: HB0325_1.pdf: 3-2-101
HB0325_2.pdf: 3-2-101
HB0325_X.pdf: 3-2-101
Amended: 3-2-101
Introduced: 3-2-101