MontanaSB 3069th Legislature, Regular Session (2025)Senate

Revise laws related to Judiciary and rule of necessity

Sponsored By: Tom McGillvray (Republican)

Became Law

CourtsJudges and Justices

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Judges must recuse for large campaign support

The law sets clear recusal rules tied to campaign support. A party can ask a judge to step aside if the judge got combined contributions at the legal maximum from the party or the party’s lawyer in an election within the last 6 years. A party can also seek recusal when the party, the lawyer, or the lawyer’s firm gave money to a group that made independent expenditures for the judge or against the judge’s opponent in the last 6 years, if the combined gifts top $10,000 for a supreme court race or $5,000 for any other judicial office. The moving party must provide facts that show these thresholds. When the judge gets a motion with those facts, the judge must recuse. This section uses existing definitions for “contribution” and “judicial officer.”

No 'necessity' excuse to avoid recusal

A judge cannot use the “rule of necessity” to stay on a case when another judge with a smaller conflict is available. If a substitute with a less immediate or less significant conflict can serve, the judge must step aside.

Sponsors & Cosponsors

Sponsor

Tom McGillvray
Republican • Senate

Cosponsors

Shane Klakken
Republican • House

Roll Call Votes

All Roll Calls

Yes: 178 • No: 119

Senate vote • 4/11/2025

Do Concur

Yes: 57 • No: 42

Senate vote • 4/10/2025

Do Concur

Yes: 58 • No: 41

Senate vote • 1/27/2025

Do Pass

Yes: 31 • No: 18

Senate vote • 1/24/2025