Legal Opinion

Committee for an Effective Judiciary v. State

Montana Supreme Court

Decided April 3, 1984No. 84-20PublishedCited by 23 opinions

1Opinion of the CourtJustice Shea

Petitioners are all registered voters in this state. This Court assumed jurisdiction of petitioners’ original petition for declaratory judgment that we hold Sections 3-1-607 and 3-1-608, MCA, unconstitutional because they conflict with Art. VII, Section 10 of the Montana Constitution. Unless a *107district judge or supreme court justice resigns his office, these statutes prevent a district judge from running for any supreme court position, and they also prevent a justice of the supreme court from running for the position of chief justice. (See Appendices A and B for the full text of these…

2Cases cited4 opinions

  1. State Ex Rel. Sego v. KirkpatrickNew Mexico Supreme Court · 1974
  2. State Ex Rel. Howard v. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 1980
  3. Stewart v. Bd. of Cty. Com'rs of Big Horn Cty.Montana Supreme Court · 1977
  4. Jones v. JudgeMontana Supreme Court · 1978

3Cited by23 opinions

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. Butte-Silver Bow Local Government v. StateMontana Supreme Court · 1989
  3. Missoula City-County Air Pollution Control Board v. Board of Environmental ReviewMontana Supreme Court · 1997
  4. State Ex Rel. Carenbauer v. HechlerWest Virginia Supreme Court · 2000
  5. Barrett v. StateMontana Supreme Court · 2024

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