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On Saturday, a bill that would give the governor direct power to appoint judges looks to be heading to the governor’s desk after passing an initial vote in the House. Point to be noted that it would change a system that’s been in place for nearly 50 years. The vote was a party-line 67-33 with Republican support and Democratic opposition. US Senate Bill 140 was presented by Sen. Keith Regier and backed by Republican Gov. Greg Gianforte, whose Lt. Gov. Kristen Juras has spoken in support of the bill to lawmakers. The legislation would terminate the Judicial Nominating Commission and give the governor immediate power to fill vacancies on the bench. Judges appointed by the governor still must run to keep their seats in the next general election. A representative Amy Regier carried the bill on the House floor and is the senator’s daughter.

Regier informed the House and said, “There’s not a nomination committee that brings choices to the governor for department directors or a committee that brings a list of choices for the various state boards. The governor should be able to directly choose vacant judgeships the same way. The commission was set up in 1973 when there wasn’t an internet that can be used to process judicial candidates”. A representative, Laurie Bishop pointed out the bill would be effective immediately upon passage. There are 3 judicial nominations from former Democratic Gov. Steve Bullock still awaiting Senate approval, including Chris Abbott to the First Judicial District covering Lewis and Clark and Broadwater counties, Peter Ohman to the 18th Judicial District in Gallatin County, and Michele Reinhart Levine to the Eighth Judicial District in Cascade County.

Bishop said, “If those are not approved, we begin with the ability of this governor to instill this process. That would be disruptive to those districts and the work that is happening in those courts”. A representative Bill Mercer countered Bishop and said, “I don’t believe this legislation is going to have any impact there whatsoever”. Mercer also clarified that the legislation doesn’t direct the US Senate to not take up those nominations. The Senate could vote them down to various boards to allow for Gianforte to install his own appointees. A representative Sue Vinton said she saw the bill as nonpartisan. Vinton said, “This bill refers to the governor, it doesn’t say this governor. This bill refers to the Senate. It doesn’t say this Senate”. It is noteworthy that the bill faces a final vote in the House on Monday.