Support HB35- Judicial Standards Commission

Support of House Bill 35

Dear Members of the Montana Legislature,

I write today in  support of House Bill 35, which seeks to allocate the Judicial Standards Commission to the Department of Justice for administrative purposes. 

This bill represents a critical step toward ensuring that the judiciary remains independent, impartial, and free from undue influence, thus upholding the principles of justice that are foundational to both the Montana and U.S. Constitutions.

Upholding the Separation of Powers:

At the heart of our democratic system is the separation of powers—one of the most important principles outlined in both the U.S. and Montana Constitutions. 

This doctrine divides the government into three branches: the Legislative, the Executive, and the Judicial. Each branch has distinct powers and responsibilities that check and balance each other to prevent any one branch from becoming too powerful or overreaching.

HB35 supports this constitutional framework by reinforcing the independent operation of the Judicial Standards Commission while ensuring that it is administratively supported by the Department of Justice. 

This allocation does not infringe upon the Commission's autonomy or its critical function of maintaining judicial accountability, but rather strengthens its capacity to function effectively in line with its mandate. By doing so, HB35 preserves the separation of powers, ensuring that the judiciary remains both impartial and accountable to the public.

Protecting the Judiciary from Outside Influence:

One of the greatest threats to a fair and unbiased judicial system is the potential for outside parties—whether political or financial—to exert undue influence on judges. We have witnessed in some parts of the country the dangers posed when political parties or powerful special interest groups inject money into judicial campaigns, thereby compromising the integrity of the judiciary and eroding public trust in the fairness of legal decisions.

In addition to the challenges posed by special interest influence, the phenomenon of judge shopping further exacerbates concerns about judicial impartiality. 

As noted by several studies by both non-partisan and bi-partisan groups,  judge shopping—where legal cases are deliberately filed in jurisdictions where a favorable ruling is more likely—undermines the fundamental principle of judicial independence.

 The potential for strategic manipulation of the judicial process could lead to an erosion of public confidence in the fairness of the judiciary. 

HB35 helps combat these risks by promoting a more transparent and accountable judicial oversight process, free from external manipulation or undue influence.

Blind Justice in an Equitable Legal System:

The United States has long prided itself on a system of blind justice—one in which all individuals, regardless of their background, wealth, or social status, are treated equally before the law. This principle is enshrined in the 14th Amendment of the U.S. Constitution, which guarantees equal protection under the law for all citizens. It is also reinforced by the Montana Constitution, which affirms the rights of all Montanans to be treated fairly and impartially by the judicial system.

HB35 strengthens this ideal by promoting the highest ethical standards within Montana’s judiciary. The bill ensures that the Judicial Standards Commission can continue its important work of overseeing judicial conduct, fostering a culture of integrity and fairness. When judges adhere to a strong code of ethics, it not only upholds their individual integrity but reinforces public confidence in the entire legal system.

Strengthening HB35 through Open Transparency of Discovery:

In order to further strengthen HB35 and ensure that the judicial process remains as transparent and accountable as possible, I urge lawmakers to consider the inclusion of open transparency in the discovery process. As seen in broader judicial ethics discussions, transparency in the discovery phase of legal proceedings is critical to maintaining public trust and ensuring that justice is not only done but is seen to be done. Transparent discovery processes would allow citizens to better understand how judicial decisions are made, ultimately promoting greater confidence in the system and ensuring that the judiciary remains an unbiased arbiter of the law.

This call for transparency aligns with national trends, such as recent efforts by the U.S. Federal Judiciary Conference to address issues related to judge shopping and to ensure more random, impartial case assignments. The principle of transparency serves as a critical check on judicial integrity, helping to prevent both the appearance and reality of impropriety or bias in legal proceedings.

Supporting National and State Constitutional Principles:

In supporting HB35, we are aligning Montana with the principles of justice guaranteed by the U.S. Constitution. The 14th Amendment, with its equal protection clause, demands that the laws be applied fairly and impartially. Likewise, the Montana Constitution guarantees the right to fair and equal treatment under the law. HB35 affirms these constitutional promises by ensuring that judicial conduct in Montana remains above reproach and free from external interference.

By enacting HB35, we are reinforcing a justice system that is not swayed by political winds or external pressures. We are fortifying a legal environment where fairness, equity, and the rule of law remain the guiding principles. This is essential not only for the preservation of Montana's democratic values but also for safeguarding the integrity of our legal system as a whole.

HB35 represents a positive and necessary reform to enhance the independence and integrity of Montana’s judiciary. 

It upholds the separation of powers, prevents outside influence, and strengthens our commitment to blind justice, in alignment with both the 14th Amendment of the U.S. Constitution and the Montana Constitution. 

Moreover, by considering the inclusion of open transparency in discovery, we can ensure even greater public trust and accountability in the judiciary. 

This bill ensures that Montana judges remain accountable to the law, rather than to political or financial pressures, ensuring fairness and impartiality for all Montanans.