Montana Viewpoint: Sports and courts - no place for bias

If sports teams don’t get to choose the referees in a game, why should political parties get to support candidates in a judicial election? It’s really not that different.

However Montana politicians are making serious efforts to politicize the court system. Professional referees are selected by the professional organization that they belong to. They are hired based on their knowledge of the rules, fairness, and impartiality. They are continually evaluated and graded.

Judges are selected by the citizens that they will represent, and judges, too, have standards they have to meet; in Montana’s District and Supreme Courts they have to be lawyers certified by their professional organizations — the Bar — to prove their knowledge of the law.

Politicians, on the other hand must live in their electoral district, be over 18 and breathing. There is no requirement that they have any knowledge of the law even though they are the people who will write the law. Fortunately, in Montana, the legislature has very competent staff who do know the law and guide the legislative process. They can, and have, advised lawmakers that a bill they want drafted may be unconstitutional, but that doesn’t stop the lawmaker from introducing it. Neither does it stop the legislature from passing it and that’s where their anger with the courts comes in. In recent years the Courts have ruled that certain laws passed by the Legislature are unconstitutional, and that makes legislators look bad, so they are seeking their revenge. Political parties have agendas; issues that they believe in, issues that they oppose. All that is outlined in their respective party platforms. Judges, on the other hand, are like referees. They make decisions based on constitutional grounds, previous court decisions, and laws passed by legislatures. They are non-partisan by design, not by mistake.

Having a judge run for office with a party label or supported by a political party could taint the judge’s decision by making them consider the political consequences of their decisions on their job, not on the goal of blind justice.

The Legislature’s argument is that the Court is exceeding its Constitutional duties by making law, which is the role of the Legislature. But the courts, ever since 1803 in Marbury v Madison, have had the right to review laws passed by the legislature if the law is challenged in court.

The idea of electing judges by political party is wrong if the goal is to have court decisions based on political agendas.

Montana’s court system is capable of following the Montana Constitution without guidance from the Legislature. In fact, it’s a lot better at following the Constitution than Montana’s politicized legislature.

Montana Viewpoint has appeared in weekly and online newspapers across Montana for over 30 years. Jim Elliott served 16 years in the Montana Legislature as a state representative and state senator. He lives on his ranch in Trout Creek.

Montana Viewpoint has appeared in weekly and online newspapers across Montana for over 30 years. Jim Elliott served 16 years in the Montana Legislature as a state representative and state senator. He lives on his ranch in Trout Creek.