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I've done the math: Protecting the Montana way of justice is the choice that adds up

by Dave Lewis
| August 23, 2025 12:00 AM

For nearly 90 years, Montana has elected judges without putting party labels on the ballot. No “R” or “D” next to their names. Just the person, their record and their reputation for fairness. That tradition has kept politics out of the courtroom and made sure judges answer to the people and the law — not to political parties.

And it’s worked. When you stand in front of a judge, the last thing you should have to wonder is whether they see you as a Republican or Democrat. You want to know you’ll be treated fairly. That’s what makes our Montana way of justice special.

But here’s the challenge: Right now, that tradition exists only in state law. Laws can be changed with a simple vote in the Legislature. And in recent years, some politicians have pushed for adding party labels to judicial races. If they succeed, we’d be throwing away nearly a century of fairness and turning our courts into just another political battleground.

That’s why I joined the bipartisan team including former Govs. Marc Racicot and Brian Schweitzer former Secretary of State Bob Brown and many others in supporting Montanans for Fair and Impartial Judges. We’re working to put the long-standing tradition of nonpartisan judges into the Montana Constitution, where politicians can’t undo it. The people — not the politicians — will decide if Montana’s judges remain free from party politics.

This effort is focused and straightforward. It protects one idea: keeping politics out of the courtroom. Best yet, it only uses three words to get the job done “In nonpartisan elections.” That approach respects the integrity of our state constitution.  

Some other proposals have been floating around that try to overhaul the whole system. They’re complicated, confusing, likely won’t pass constitutional review and most importantly aren’t likely to get the support of everyday Montanans at the polls. Montanans don’t go for gimmicks when it comes to something as important as our Constitution. We stick with what’s proven.  

That’s why Montanans for Fair and Impartial Judges’ simple three-word amendment is the clear choice for guaranteeing nonpartisan judges now and into the future. This effort is about preserving a Montana tradition that has served us well for nearly a century. It’s about making sure our kids and grandkids inherit the same trust in their courts that we’ve had.

But to make it happen, we need people from every part of this state to join in. Very soon, petitions will be available to place this amendment on the ballot. When you see one, I hope you’ll add your name. Not for a party. Not for a campaign. But for the Montana Way of Justice — fair, impartial and independent.

Montanans for Fair and Impartial Judges is a truly bipartisan effort, supported by leaders from both political parties and by neighbors in every corner of the state. If you want to get involved—whether that’s carrying a petition, helping gather signatures, or simply spreading the word — you can sign up at www.fairandimpartialjudges.com.

We’re not changing who we are. We’re protecting it.

I’ve done the math — and protecting the Montana Way of Justice is the choice that adds up.

Dave Lewis if a former state senator and former state budget director