January 30, 2025
Helena, MT- Testimony was heard on both sides of the aisle early in the 69th Montana Legislative session regarding SB42, sponsored by Sen. Daniel Emrich, R-Great Falls. This frequently debated proposition would require judicial candidates to disclose their political party affiliation.
Derek Oestreicher, an attorney, felt knowing a candidate’s political affiliation helps align voter values and create transparency.
However, others expressed concerns that this requirement could create bias and that politics should not be introduced into the judicial system. They emphasized that the focus should be on the Constitution and the law, rather than campaign contributions from trusts and large corporations that could divert attention from shared values as Montanans.
Lt. Gov. Kristen Juras, who supports the bill, countered, “The Judiciary is not independent of the Legislature–They all have different responsibilities and non-partisan systems shield the voter from who is who.”
Perspective
Partisan politics have already invaded, built skyscrapers, and are casting a long shadow over the integrity of Montana’s judicial branch. Whether we like it or not, the ideal of electing judges completely free from bias, interpretation, or partisan agendas is a long-gone aspiration of our forefathers.
In an age where technology enables us to capture every moment, voters still struggle to answer the most basic questions about judicial candidates when every detail is intentionally “scrubbed” from the internet. Instead, gossip and rumors are relied upon which severely undermines one’s ability to make a responsible or well-informed choice. In my view, it is unrealistic and unfair—and arguably un-American—to deny voters the opportunity to make informed decisions.
Given the existence of judicial immunity, which is often exploited to evade accountability, it is crucial that we have a clear understanding of judges’ values and thought processes. Political party affiliation serves as one of the few ways to gain even a minimal level of insight into these candidates.