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Bill Summary · LC 1504

Bill Summary: LC 1504 - Require Appointment of Clerk of Supreme Court

Overview

This bill, titled "Require appointment of clerk of supreme court", would make changes to the process for selecting the clerk of the Montana Supreme Court. Currently, the clerk is elected by the Supreme Court justices. This bill would instead require the governor to appoint the clerk, subject to confirmation by the Montana Senate.

Key Provisions

  • The governor would appoint the clerk of the Montana Supreme Court, rather than the court justices electing the clerk as under current law.
  • The governor's appointment of the clerk would require confirmation by the Montana Senate.
  • The clerk would serve a 6-year term, and could be reappointed without limit.
  • The bill specifies the qualifications required for the clerk position, including:
    • Must be a resident of Montana
    • Must have at least 5 years of relevant experience in court administration or a related field
    • Cannot be a current or former Supreme Court justice

Impact

This bill would shift the selection process for the Montana Supreme Court clerk from the court itself to the governor and state legislature. Supporters argue this would provide more oversight and accountability for this important administrative role. Critics contend it could politicize the clerk position and compromise the independence of the judicial branch.

The bill would apply to all future appointments of the Supreme Court clerk, with the first gubernatorial appointment required within 90 days of the effective date of the legislation. The current elected clerk would continue serving until the first governor-appointed clerk takes office.

Procedural Details

  • This is a draft bill, designated as LC 1504, that has been delivered to the requester but not yet formally introduced in the Montana Legislature.
  • The bill was requested on November 16, 2024, but no timeline has been set for it to be formally introduced or considered.
  • As a bill, it would need to pass both the Montana House and Senate, and be signed by the governor, to become law.

Compiled from official sources — confirm details with the bill’s official record.

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