From vigilantes to judges: What Montana's past teaches us about justice today

Yahoo

10-04-2025

A sign on a livery and stable in Virginia City noting where the vigilantes met to discuss how to apprehend road agents (Photo by Darrell Ehrlick of the Daily Montanan).
Montana has always been a place that values freedom and self-reliance. But our early history shows what happens when justice is left to those acting outside the law.
In the 1860s, before Montana was even a territory, rough mining camps like Bannack and Virginia City were plagued by theft and violence. With no real courts or law enforcement, desperate citizens turned to vigilante justice—self-appointed committees who held mock trials and issued swift punishments, often by hanging.
These Montana Vigilantes formed to bring order to chaos. Between 1863 and 1865, they hanged dozens of alleged criminals, including Bannack's elected sheriff, Henry Plummer, who was suspected of leading a ruthless gang of road agents. While some say the vigilantes brought safety to the camps, they operated far beyond the boundaries of due process or constitutional rights.
That dramatic history serves as a cautionary tale. True justice requires more than good intentions—it requires a fair, impartial, and functioning judiciary whose orders are respected not only by the citizens but also by the other branches of government. That is what separates a just society from mob rule.
Today, Montana's legal system looks nothing like it did in the vigilante era. Judges are trained professionals, bound by the rule of law and guided by legal precedent. And while high-profile Supreme Court cases get the headlines, most justice in Montana happens quietly in small-town courthouses.
Last year nearly 57,000 new cases were filed in Montana's district courts alone. Roughly 700 cases ever make it to the Montana Supreme Court. The rest are resolved by district and local judges—judges who help regular Montanans through real-life problems.
They preside over divorces and custody disputes, ensuring parenting plans are fair and that children are protected. They help sort out estates, wills, and inheritances after the death of a loved one. They settle property line disagreements and water rights claims that affect livelihoods. They resolve disputes between business partners and interpret contracts that went sideways. They even protect intellectual property like trademarks and patents that power small businesses and entrepreneurs.
In short, our judges aren't just legal experts—they're guides who help us resolve our most complicated and emotionally charged conflicts. Their work is the backbone of an orderly society.
But access to justice doesn't just depend on laws—it depends on people. We need enough judges to handle the growing caseloads across the state. Unfortunately, some parts of Montana are struggling to keep up. Yellowstone County, in particular, has seen case numbers climb steadily, leading to delays that hurt families, businesses, and communities.
That's why we supported Gov. Greg Gianforte's budget proposal to add three new district court judges in Yellowstone County.
This isn't about helping lawyers—it's about helping people. It's about ensuring that regular Montanans can get their day in court without waiting months or years for resolution.
Because justice delayed is justice denied.
We've seen what happens when people feel like they can't rely on the courts. As U.S. Supreme Court Chief Justice John Roberts noted in his 2024 year-end report on the federal judiciary, threats against federal judges have tripled in the last decade. And just last month in Helena, a woman was shot and killed after threatening courthouse staff and a judge.
If we want to keep our state safe, fair, and free, we must protect our legal system. That means defending judicial independence. It means being informed about judicial elections. And it means recognizing that the law isn't an abstract concept—it's a promise. A promise that no matter who you are, where you live, or what you're going through, you can resolve your dispute in a courtroom—not in the street.
We've come a long way from the vigilante days. Let's make sure we never go back.