The 2021 and 2023 sessions of Montana’s Legislature perpetrated a full-on war against Montana’s courts and judiciary. Dozens of anti-court/anti-judiciary bills were offered in these last two legislative sessions.
The objective of these attacks? Demonize and marginalize Montana’s courts, to the end of frustrating their constitutional duty to serve as a check and balance on the legislative and executive branches and their ability to function as a separate and co-equal branch of government. Chief among these functions is that of judicial review—i.e. that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary; a power that allows the courts to ensure that the other branches of government abide by the Constitution.
One of these bills, SB 201, introduced by Senator Greg Hertz, passed and was signed into law. It was titled: “An Act revising judicial recusal laws when a lawyer or party to a proceeding has made campaign contributions” to a candidate for judicial office.
