Proposal to shrink Montana Supreme Court fails after heated debate on caseload and costs

Representative Schubert introduced House Bill 322 to reduce the number of associate justices on the Montana Supreme Court from seven to five, arguing the constitution names four justices and that other small states manage with five; he framed the change as an annual saving of about $1.2 million.

Opponents, including Representative Jay Fitzpatrick and several others, argued the bill would create a bottleneck, delay justice and undermine an efficient court system. Fitzpatrick recounted historical context and said the court currently manages caseloads by seating five-judge panels for routine cases and seven for controversial ones. Representative Frantz called the measure “arbitrary and capricious,” noting the state bar, trial lawyers, and chief justice had testified in opposition and warning of longer case backlogs.

Sponsor Schubert cited examples from other states — including New Hampshire — and said those courts efficiently handle appeals with five justices. He characterized the change as a fiscal decision and said legislators can use the saved funds for other priorities.

After debate, the clerk recorded 29 yes and 71 no; House Bill 322 failed second reading.