Montana Law Article VII - THE JUDICIARY
Montana Constitution – Article VII: The Judiciary
Article VII of the Montana Constitution establishes the structure, powers, and administration of the judicial branch of Montana's state government. It outlines the organization of courts, the selection and duties of judges, and the procedures for judicial discipline and removal.
🔷 Summary of Key Sections in Article VII:
Section 1 – Judicial Power
Vests judicial power in:
The Supreme Court
District Courts
Justices' Courts
Other courts established by the legislature
Section 2 – Supreme Court
Highest court in the state
Has appellate jurisdiction and final authority on legal interpretations
Composed of a Chief Justice and six Associate Justices
Justices serve 8-year terms
May issue writs (e.g., habeas corpus, mandamus)
Handles appeals and supervises lower courts
Section 3 – District Courts
Courts of general jurisdiction (civil and criminal cases)
Number and boundaries of districts set by the legislature
Judges serve 6-year terms
Section 4 – Justices' Courts
Lower courts handling minor civil and criminal matters
Legislature determines their jurisdiction and number
Not courts of record
Section 5 – Selection of Judges
Judges are elected in nonpartisan elections
Vacancies are filled by gubernatorial appointment from nominees provided by the Judicial Nomination Commission, until the next general election
Legislature may establish merit-based selection systems
Section 6 – Qualifications
Judges must be:
Citizens of the United States
Residents of Montana for at least 2 years
Licensed attorneys in Montana
District judges must reside in their district
Section 7 – Removal and Discipline
Judges may be removed by:
Impeachment
Judicial Standards Commission (can recommend discipline, removal, or retirement for misconduct or incapacity)
The commission includes judges, attorneys, and citizens
Section 8 – Rules and Administration
Supreme Court has authority to make rules governing:
Court procedures
Admission to the bar
Judicial conduct
Court administers the judiciary as a unified system
🧾 Overall Purpose:
Article VII ensures a fair, independent, and accountable judiciary in Montana, while allowing flexibility for judicial reforms and oversight through both the legislature and public processes.
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