Time for change on the Montana Supreme Court

I am supporting James Brown to serve on the Montana Supreme Court.

I had the great honor of serving as a district court judge in Montana for 18 years. I also served as a county attorney, in private practice, and as a JAG officer in the Army for 30 years. I served as president of the Montana Judges Association as well as president of the Montana County Attorneys Association. During this time, I had many occasions to review the work and judicial opinions of the Montana Supreme Court.

For years, the Montana Supreme Court has overstepped its constitutional and jurisdictional boundaries and legislated from the bench. Further, the court is well known for issuing decisions that do not follow the law as written, overturning their own precedent, and shackling businesses. The court has a reputation for being an activist court. This is as true today as it was when I first became a judge in 1995. And it needs to change.

Things will only get worse if the Montana Supreme Court doesn’t change. A few weeks ago, a Montana judge struck down legislation to safeguard the rights of female student-athletes to compete fairly without interference from biological males posing as transgender “women.” Another judge just struck down a common-sense voter ID law and other laws designed to ensure integrity in our elections. Montanans cannot cash a check, drive a car, or board a plane or train without one. But asking for ID to protect the sanctity of our ballots somehow violates the Montana Constitution? These disturbing rulings, and many others, will soon be appealed to the Montana Supreme Court. We need Jim Brown on the court when these issues are decided.

Montanans deserve balance and consistency in the law and need a justice on the Supreme Court who understands that the role of a judge is to apply the law fairly. I have known Jim Brown in both a personal and professional capacity for 14 years. I have had multiple opportunities to observe Jim’s legal work and know that he has both the legal acumen and judicial demeanor to bring much-needed balance to the Montana Supreme Court.

Jim is a Montanan’s Montanan, growing up in Dillon and attending the University of Montana. As part of his legal practice, Jim has been a strong legal and policy advocate for Montana’s largest industry - agriculture. He also has a wealth of legal experience from practicing in courts ranging from the Ninth Circuit Court of Appeals to the Montana Supreme Court. The Montana Supreme Court sorely needs a justice who has a background in and understands agriculture, property, and business law — all areas within Jim’s expertise. No one on the current Court has this needed experience.

The various ad hominem attacks made against Jim by prominent liberal personal injury attorneys and other Montana liberals demonstrate that Jim is the right candidate at the right time. Why does a small group of liberal attorneys spend hundreds of thousands of dollars each election, including this one, to get “their” judge elected? It is not because they are seeking justice.

Montanans have a clear choice this year between the two candidates for Montana Supreme Court. If you want a justice on the Montana Supreme Court that will follow the Montana Constitution, and will fairly represent all Montanans, join me in voting for James Brown for Montana Supreme Court.

Nels Swandal is a retired District Judge. He lives in Wilsall.