The House Judiciary Committee of the Montana Legislature convened on March 26, 2025, to discuss significant changes to the state's judicial election process, particularly focusing on Senate Bill 42, which proposes partisan elections for judges. The meeting featured a series of questions directed at Lieutenant Governor and other representatives regarding the implications of this shift towards partisanship in the judiciary.

The session began with discussions on the potential biases that could arise from judges being elected based on party affiliation. Representative Millett posed a hypothetical scenario to the Lieutenant Governor, asking if he could remain impartial as a judge while presiding over a case involving a high-profile Democrat, given his Republican affiliation. The Lieutenant Governor affirmed his ability to be fair and impartial, citing the judicial oath that requires judges to set aside personal views and apply the law impartially.

Subsequently, Representative Spencer was questioned in a similar vein, but he refrained from providing a straightforward yes or no answer, indicating the complexity of the issue. The conversation then shifted to the characteristics of conservative judges, with the Lieutenant Governor explaining that a strict constructionist approach is often associated with conservative judicial philosophy.

Further inquiries from Representative Joy raised concerns about the consequences of partisanship in judicial decisions. The Lieutenant Governor maintained that judges are obligated to apply the law as written, regardless of their political affiliations. He acknowledged that while personal biases may occasionally influence decisions, judges generally strive to adhere to their oaths.

Vice Chair France questioned the Lieutenant Governor about the current justices' adherence to their oaths, to which he responded that while biases can occur, he believes judges genuinely attempt to fulfill their responsibilities. The discussion also touched on the importance of maintaining a nonpartisan approach to judicial elections, as emphasized by the Chief Justice.

As the meeting progressed, the focus returned to Senate Bill 42. The bill's proponents argued that it would empower voters and reduce the influence of special interest groups in judicial elections. They emphasized the need for transparency regarding judges' affiliations, asserting that voters should be informed about the candidates they elect.

In closing, the committee members expressed concerns about the potential for increased partisanship to undermine the integrity of the judiciary. The Lieutenant Governor reiterated that the separation of powers is crucial to prevent tyranny and that judges must remain impartial to uphold public trust in the legal system.

The meeting concluded without a definitive resolution, but the discussions highlighted the ongoing debate over the balance between partisanship and impartiality in Montana's judicial system, setting the stage for further deliberations on Senate Bill 42.