Another legal challenge filed over judicial appointments | Government & Politics

HELENA, Montana (AP) – Another legal challenge has been filed over a new law that abolishes the Judiciary Nominations Committee and allows the governor of Montana to fill vacant judicial posts directly between elections.

Two former Democratic officials – Tom Winter of Missoula and Barbara Bessette of Great Falls – filed a complaint Friday calling on District Court Judge Mike Menahan of Helena to temporarily block the law and make it unconstitutional.

It also calls on the court to prevent Governor Greg Gianforte from appointing an alternate judge in the Cascade County District Court under the terms of the new law.

A spokesman for Gianforte said the governor does not normally comment on ongoing litigation.

The lawsuit argues that the new law violates a provision of the Montana Constitution that says anyone who is “accused of exercising power belonging to a section of government” cannot exercise power that belongs to you which is properly due to others, unless the Constitution directly allows it.

The state constitution also instructs the governor to appoint someone to fill a judicial vacancy between elections, “by nominees chosen in the manner provided by law”.

After the 1972 Constitution was passed, the 1973 Legislature created the Judicial Nominating Commission to accept applications for vacant judicial positions, interview candidates, and submit a list of three to five candidates to the governor. The governor would choose a judge from these candidates.

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