Mercer to seek appointment to open 20th District Court judge seat
District Court Judge John Mercer said this week that he will apply for a two-year appointment to the bench following the recent resignation of judge-elect Britt Cotter.
The abrupt resignation of judge-elect Britt Cotter last week reopened a seat in the 20th District Court that had already been plagued with turmoil.
The Dept. 2 seat was vacated last April when Judge Kim Christopher resigned from office and announced that she would not be running for a fifth term. The resignation followed a turbulent period for the long-serving judge, during which she was removed from a child custody case by the Montana Supreme Court and was the subject of a judicial misconduct complaint filed by Missoula attorney Lance Jasper.
Following her resignation, Gov. Greg Gianforte accepted applications and nominations to fill the vacancy for the remainder of her term, which ends Jan. 5. Polson attorney John Mercer – former speaker of the Montana House of Representatives and chair of the Montana University System Board of Regents – was the sole applicant and was sworn in May 13.
Meanwhile, Cotter had already filed to run for the Dept. 2 judgeship, and handily won the November election with 98% of the vote. He sent a resignation letter to Supreme Court Justice Mike McGrath Dec. 22, just a day before felony drug charges were filed against him in the district court where he had been slated to preside.
Now, the appointment process begins again. McGrath notified the governor last Thursday of the impending vacancy, and the governor’s office began the process of filling the post Monday by issuing a formal notice.
Mercer, whose eight-month appointment to the bench ends Jan. 5, said Monday the sudden vacancy in Dept. 2 of the 20th District Court was akin to “a bolt of lightning.”
In response, he announced Monday that he will apply for the two-year appointment and, if appointed, plans to run for the office’s remaining four-year term in 2026.
In a conversation Monday, Mercer spoke about the rewards of serving as a district court judge.
“I like being able to make things happen, to resolve things, to get things done,” he said. “It’s just my personality.”
He said although the court system is sometimes perceived as moving slowly, his inclination is “to do things promptly.”
He added that the district court judge holds “very important position in the community,” and counts his deep roots in Lake County, commitment to public service and lengthy legal career as assets. In a characteristically understated fashion, he adds, “I feel like I’ve been around a long time.”
In a letter announcing his decision to apply for the vacancy, he said he’d been encouraged to do so by family and friends.
“I offer my demonstrated ability and unwavering commitment to the stability and efficiency of the court,” he wrote. “I will strive to promote confidence and respect for the judicial system that the residents of Lake and Sanders County expect and deserve.”
Mercer added that he had only expected to serve as judge for eight months and then return to his law practice.
“Now, with the unusual circumstances resulting in a second unexpected vacancy, I consider it my duty to apply for this important position,” he wrote.
He described the judgeship as “challenging, educational and fulfilling,” and added, “It would be my honor to receive this appointment and stand for election for the remainder of the term in November 2026.”
The post is open to “any lawyer in good standing who has the qualifications set forth by law.” The application form is available electronically at nominatejudges.mt.gov and must be submitted electronically as well as in hard copy by 5 p.m. Jan. 13.
Members of the public will be given the opportunity to provide letters of support or other comments regarding the applicants at nominatejudges.mt.gov from Jan. 14 through Feb. 12. Applicants must receive at least three letters of support to be considered for appointment by the governor, who is required to fill the post by March 13.
Judge Molly Owen, who was appointed in 2022 to fill the court’s Dept. 1 vacancy after the Honorable Jim Manley retired mid-term, was sworn in by Mercer last week after running unopposed for the seat. She’ll continue to preside over cases in Lake and Sanders county, with assistance from other district court judges as needed.