All Roll Calls
Yes: 556 • No: 283
MontanaSB 4569th Legislature, Regular Session (2025)Senate
Create a judicial performance evaluation commission and system
Sponsored By: Tom McGillvray (Republican)
Became Law
CourtsJudges and JusticesRule Making
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 4 benefits, 1 costs, 1 mixed.
How and when judges are reviewed
Starting in 2026, district judges get a midterm review in year 3 and a preelection review in year 5; appointed judges are reviewed the year before their last year. Supreme Court justices get a midterm review in year 3 and a preelection review in year 7. Reviews can only use listed sources like surveys, observation, discipline records, public comment, and past evaluations, with focus on the current term. The commission sets rules for courtroom observation, including who observes and whether it is in person or electronic. Judges may speak before their review is issued and may add a statement up to 200 words; those meetings are confidential.
Independent commission to evaluate judges
The law creates an independent 11-member commission to evaluate judges. Leaders in the Legislature, the Governor, and the Chief Justice make appointments, with limits on lawyer members and seats for a retired district judge and at least one non‑lawyer. Current legislators and judges cannot serve. Members serve staggered 4‑year terms, up to three in a row, and are unpaid but get per diem and travel. The commission sits in the Department of Justice, must hire an executive director, and may add staff as the budget allows. Initial appointments are due within 30 days, with 2‑ and 4‑year first terms to stagger seats.
Public reports and voter pamphlets
The commission prepares midterm and preelection reports and gives them to the judge, the Montana Supreme Court, and the court administrator. It may issue partial midterm reports, but must label them online and notify the court administrator first. Preelection reports go to the judge at least 45 days before the last filing day and stay confidential unless the judge files; if the judge files, they become public the day after the filing deadline. Public reports go online with survey summaries, any public discipline, a narrative or 1–5 score, and the judge’s up to 200‑word statement, and a summary goes to the Secretary of State 105 days before the election. The voter pamphlet must include each incumbent judge’s evaluation summary and the commission’s web address; printing starts at least 110 days before the election, printing and shipment finish by 45 days before, counties mail one copy to each active registered voter by 30 days before, and ten copies are at each precinct.
Startup funding and legislative oversight
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 one‑time funds to launch the program. The commission must provide a written report and appear before interim legislative committees after the 69th legislative session to explain setup and progress.
Program ends June 30, 2035
The act ends on June 30, 2035. All parts expire then unless the legislature extends or reenacts them.
Confidential surveys and data sharing
An independent third party surveys lawyers, jurors, and court staff about judges. Jurors get the survey within 30 days after their case; only Montana lawyers in good standing rate legal ability. The contractor cannot be tied to a law firm, and all responses are confidential; each judge gets their results. When agencies ask for materials for judge selection or appointment, the commission shares information under its procedures and gives the judge notice. When the commission seeks materials from the Judicial Standards Commission, that commission must share and also notify the judge.
Sponsors & Cosponsors
Sponsor
Tom McGillvray
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 4/28/2025
Do Concur
Yes: 56 • No: 44
Senate vote • 4/25/2025
Do Concur
Yes: 31 • No: 18
Senate 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
Senate vote • 4/11/2025
Do Concur
Yes: 58 • No: 41
Senate vote • 4/11/2025
Do Concur
Yes: 58 • No: 41
Senate vote • 4/8/2025
Do Concur
Yes: 54 • No: 43
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
Chapter Number Assigned
5/19/2025SenateSigned by Governor
5/13/2025SenateTransmitted to Governor
5/8/2025SenateSigned by Speaker
5/6/2025HouseSigned by President
5/6/2025SenateSent to Enrolling
4/29/2025Senate3rd Reading Governor's Proposed Amendments Adopted
4/28/2025House3rd Reading Governor's Proposed Amendments Adopted
4/25/2025Senate2nd Reading Governor's Proposed Amendments Adopted
4/25/2025House2nd Reading Governor's Proposed Amendments Adopted
4/24/2025SenateReturned with Governor's Proposed Amendments
4/23/2025SenateTransmitted to Governor
4/23/2025SenateSigned by Speaker
4/22/2025HouseSigned by President
4/22/2025SenateReturned from Enrolling
4/19/2025SenateSent to Enrolling
4/17/2025Senate3rd Reading Passed as Amended by House
4/17/2025SenateRevised Fiscal Note Printed
4/17/2025SenateFiscal Note Unsigned
4/17/2025Senate2nd Reading House Amendments Concurred
4/16/2025SenateRevised Fiscal Note Received
4/16/2025Senate2nd Reading Pass Consideration
4/15/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading Concurred
4/11/2025House2nd Reading Concurred
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