MontanaSB 4569th Legislature, Regular Session (2025)Senate

Create a judicial performance evaluation commission and system

Sponsored By: Tom McGillvray (Republican)

Signed by Governor

CourtsJudges and JusticesRule Making

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

Voter pamphlets add judge evaluations

The statewide voter pamphlet now includes a short summary of each incumbent judge’s latest evaluation and the commission’s website. The Secretary of State estimates copies at least 110 days before the election, printing ships by 45 days, and counties mail one copy to each active voter by 30 days. Ten copies are available at each precinct. If you request one, election officials include a pamphlet with your absentee ballot. Your absentee packet also includes instructions on how to mark your ballot.

How Montana judges are evaluated

Beginning January 1, 2026, judges get regular reviews. District judges are reviewed in years 3 and 5. Supreme Court justices are reviewed in years 3 and 7. The commission hires an independent, non-legal contractor to run surveys. Survey groups include lawyers, jurors, and court staff. Jurors are surveyed within 30 days. Only lawyers in good standing rate legal ability, and all survey answers are confidential. The commission sets rules for courtroom observation. A judge may speak before the evaluation is issued and may add a 200-word statement. The law defines key terms like bias and impartiality used in reviews.

New commission to evaluate judges

The law creates an 11-member commission to review Montana judges. Members are appointed by legislative leaders, the Governor, and the Chief Justice. No member can be a current legislator or judge. Terms are 4 years, with up to three consecutive terms. Initial seats are filled within 30 days, with staggered 2- and 4-year terms. The commission sits in the Department of Justice for admin support, hires an executive director, and may add staff. Members get no pay, only per diem and travel. The commission reports in person to two interim legislative committees after the 69th session. The program ends June 30, 2035.

One-time funding to launch program

The law gives the Department of Justice $500,000 for the year starting July 1, 2025, and $500,000 for the year starting July 1, 2026. These are intended as one-time payments to implement the judicial evaluation system.

When judge reports go public

The commission compiles a midterm report for each judge and sends it to the judge, the Supreme Court, and the court administrator. It may publish a partial midterm report for new judges when a respondent group is missing, with notice on its website and to the court administrator. Before elections, the commission gives each judge a preelection report at least 45 days before the last day to file. Reports stay confidential unless the judge files to run; then they become public the day after the filing deadline. Public reports are posted online, and a summary goes to the Secretary of State on or before 105 days before the election. When agencies seek information about judges, disclosures follow set procedures and the judge gets reasonable notice.

Sponsors & Cosponsors

Sponsor

  • Tom McGillvray

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 556 • No: 285

House vote • 4/28/2025

Do Concur

Yes: 56 • No: 44

Senate vote • 4/25/2025

Do Concur

Yes: 31 • No: 18

House vote • 4/25/2025

Do Concur

Yes: 85 • No: 15

Senate vote • 4/24/2025

Do Concur

Yes: 46 • No: 3

Senate vote • 4/17/2025

Do Pass

Yes: 33 • No: 17

Senate vote • 4/16/2025

Do Pass

Yes: 46 • No: 2

House vote • 4/11/2025

Do Concur

Yes: 58 • No: 42

House vote • 4/11/2025

Do Concur

Yes: 58 • No: 41

House vote • 4/8/2025

Do Concur

Yes: 54 • No: 44

Senate vote • 2/27/2025

Do Pass

Yes: 28 • No: 22

Senate vote • 2/7/2025

Do Pass As Amended

Yes: 27 • No: 22

Senate vote • 2/7/2025

AMD-SB0045.002.015 McGillvray D/PASS

Yes: 34 • No: 15

Actions Timeline

  1. Chapter Number Assigned

    5/19/2025Senate
  2. Signed by Governor

    5/13/2025Senate
  3. Transmitted to Governor

    5/8/2025Senate
  4. Signed by Speaker

    5/6/2025House
  5. Signed by President

    5/6/2025Senate
  6. Sent to Enrolling

    4/29/2025Senate
  7. 3rd Reading Governor's Amendments

    4/28/2025House
  8. 3rd Reading Governor's Amendments

    4/25/2025Senate
  9. 2nd Reading Governor's Amendments

    4/25/2025House
  10. 2nd Reading Governor's Amendments

    4/24/2025Senate
  11. Returned with Governor's Amendments

    4/23/2025Senate
  12. Transmitted to Governor

    4/23/2025Senate
  13. Signed by Speaker

    4/22/2025House
  14. Signed by President

    4/22/2025Senate
  15. Returned from Enrolling

    4/19/2025Senate
  16. Sent to Enrolling

    4/17/2025Senate
  17. 3rd Reading House Amendments

    4/17/2025Senate
  18. Revised Fiscal Note Printed

    4/17/2025Senate
  19. Fiscal Note Unsigned

    4/17/2025Senate
  20. 2nd Reading House Amendments

    4/16/2025Senate
  21. Revised Fiscal Note Received

    4/16/2025Senate
  22. 2nd Reading Pass Consideration

    4/15/2025Senate
  23. Returned to Senate with Amendments

    4/11/2025House
  24. 3rd Reading

    4/11/2025House
  25. 2nd Reading

    4/11/2025House

Bill Text

  • As Amended (Version 7)

    4/30/2025

  • Enrolled

    4/17/2025

  • As Amended (Version 5)

    4/10/2025

  • As Amended (Version 4)

    4/3/2025

  • As Amended (Version 3)

    2/17/2025

  • As Amended (Version 2)

    2/3/2025

  • Introduced

    12/12/2024

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