Latest news with #CorySwanson
Yahoo
24-02-2025
- Politics
- Yahoo
Bill to reduce number of Montana Supreme Court justices dies in House
Chief Justice of the Montana Supreme Court Cory Swanson addresses a joint session of the Montana Legislature on Feb. 17, 2025. (Micah Drew/Daily Montanan) Montana has seven justices serving on its Supreme Court, but freshman legislator Rep. Lukas Schubert, R-Kalispell, believes that is too large of a judicial bench for a small state. He introduced House Bill 322 to eliminate two associate judges from the court, saying it would save taxpayer money and create a more efficient court. The majority of his fellow representatives, however, didn't agree with his arguments and voted overwhelmingly, 29-71, against his bill during the House's Saturday floor session. Schubert told his fellow lawmakers that the state constitution originally provided for a chief justice and four associate justices — with a provision for the legislature to increase that number, which it did in 1979. 'If we pass this bill, we are going to be cutting two of the justices out of the state, and we're going to be saving $1.2 million annually,' Schubert said. 'There are better things we can spend our constituents' money on than these two justices and their staff.' There are nearly 350 state Supreme Court justices serving across the country on courts ranging from five to nine justices in size. The most common supreme court size is seven justices, with 28 state Supreme Courts, followed by 17 states with five-judge courts, and seven courts with nine justices. The bill to reduce Montanan's court was requested by Sen. Barry Usher, R-Billings, the chairman of the Senate Judiciary Committee. Rep. Tom France, D-Missoula, said HB 322 was possibly the most 'arbitrary and capricious' bill he'd ever seen come to the House floor. 'I feel almost like the sponsor got up and while he was brushing his teeth said, 'Well, let's just cut the number of justices form seven down to five,'' France said. 'He didn't ask the bar, he didn't ask lawyers, he didn't ask judges, about whether or not the case load could be effectively managed with fewer judges. He just looked at some statistics from other states.' During a hearing before the House Judiciary Committee on Feb. 7, no proponents testified on behalf of the bill, but numerous individuals and organizations spoke against it, including the State Bar of Montana, the Montana Defense Trial Lawyers, the Montana Trial Lawyers Association, and the Montana County Attorneys Association. Many spoke about the caseload before the court and the need to keep the court fully staffed to ensure expedient decisions delivered for Montanans. Newly elected Chief Justice of the Montana Supreme Court Cory Swanson also spoke in opposition to the bill. He told the committee that he'd spent several hours the day before redrafting a single opinion for the court. 'I was taking a lot of time, and doing a lot of research, and I'm not done with it,' Swanson said. 'The question for this committee is, 'Do you want your Supreme Court justices to do that?' Because with seven justices right now, we're all at capacity in terms of the work, in terms of time commitment, in terms of research, writing, drafting, discussing cases in conference.' He also pushed back against the idea that cutting justices would save money, pointing to an upcoming bill to create a new court that would be more expensive than current associate justices cost. 'You want your justices to spend the time and attention necessary to craft good opinions, to give clear interpretations of the law,' Swanson said. 'That's it, and I think if you go from seven to five, you're going to sacrifice that.' While the House Judiciary Committee passed the bill 12-8, the House voted it down by huge margins on Saturday, with 71 representatives opposing it.
Yahoo
21-02-2025
- Politics
- Yahoo
Giving credit where it's due: Chief Justice Swanson and House Majority Leader Fitzpatrick
Montana Chief Justice Cory Swanson greets guests at the Montana Capitol after swearing in elected officials. (Keila Szpaller/The Daily Montanan) There's every reason to be alarmed at the sheer chaos and havoc emanating from the Oval Office. This is especially true since the GOP's Congressional majorities seem impotent against the usurpation of their constitutional 'power of the purse' and the function of Congress as a 'separate but equal' branch of government that is supposed to be providing checks and balances on the dictator mode of the current Executive branch. In that regard, some refreshing and hopeful news came from both Montana's Supreme Court and Legislature that addresses both the separation of powers and fiscal responsibility that seem to have disappeared in Washington, D.C. First to receive 'credit where credit is due' is the newly-elected Chief Justice of the Supreme Court, Cory Swanson, who made it very clear in his address to a joint session of the Legislature that he fully intends to serve the Constitution and the law, not political pressures from any venue — including the Executive or Legislative branches. At least 27 bills have so far been introduced to exert legislative control over the Judiciary — and Swanson didn't mince words when he forcefully pushed back on any attempts to inject partisan politics or issues in the halls of justice, particularly in the Supreme Court's consideration of Constitutional issues. Taking a firm stand against efforts by both the governor and certain legislators to interject political priorities in the Judiciary, Swanson unequivocally declared 'the judiciary should remain non-partisan' and urged legislators to 'focus the rest of your judiciary-related legislation on making the judiciary better.' Using straight-forward language that seems to have been forgotten by the cowed and cowardly Congress facing an authoritarian presidency, he reminded legislators that: 'Our two branches have historically been the bulwark against tyranny.' Noting that legislative efforts to skirt the mandates and rights of the Montana Constitution will suffer a quick end in his Court that will consider 'every case based on the facts and the law of that case, not based on the party or the affiliation of the litigants.' He went on to warn that 'well-respected attorneys' have already advised legislators 'on bills that violate the constitutional separation of powers,' adding: 'I urge you to listen to those arguments because they are probably the same arguments you will hear if those issues are litigated in my courtroom. And if at least three of my colleagues have the same commitment to process, it won't matter if we are Democrats or Republicans.' In another noteworthy move that contrasts sharply with the fiscal insanity in D.C., House Majority Leader Rep. Steve Fitzpatrick, R-Great Falls, sent an email to Senate President Matt Regier (R-Kalispell) noting that the House was receiving bills from the Senate without fiscal notes, meaning legislators have no idea of the cost or benefit of the measures — or the impact on taxpayers. As noted in the Legislature's rules: 'All bills reported out of a committee of the Legislature, including interim committees, having a potential effect on the revenues, expenditures, or fiscal liability of the state, local governments, or public schools, except appropriation measures carrying specific dollar amounts, must include a fiscal note incorporating an estimate of the fiscal effect.' So kudos to Swanson for standing up for an independent Judiciary and to Fitzpatrick for calling Regier on the missing fiscal notes. Montana's Congressional delegation would do well to take note, come out of their Trump-induced coma, and start doing their job to defend their role in the Constitutional separation of powers and control of the federal budget.
Yahoo
18-02-2025
- Politics
- Yahoo
State Supreme Court Chief Justice warns lawmakers against making judiciary partisan
Chief Justice of the Montana Supreme Court Cory Swanson addresses a joint session of the Montana Legislature on Feb. 17, 2025. (Micah Drew/Daily Montanan) For years, Republicans in the Montana Legislature have felt stymied by the state's district and Supreme courts, as numerous laws passed during the last two sessions have been deemed unconstitutional after often lengthy legal battles. This year, the GOP majority in the Legislature is proposing requested 27 bills to rein in the judicial branch, but during a joint session on Feb. 18, newly elected Montana Supreme Court Chief Justice Cory Swanson told lawmakers that tensions between the three branches of government had become elevated in recent years, and some ideas for judicial reform might go too far. 'These pitched battles have led some to say the nonpartisan nature of the judiciary is a facade, and we should openly declare political affiliations of candidates and Supreme Court justices,' Swanson told the assembly of 150 legislators. 'I understand from many of your comments and the governor's speech that this is one of the main things you wish to accomplish.' 'I have personally stated, and been asked this question 100 times in the past year — the judiciary should remain nonpartisan despite the almost irresistible pull of partisan spending and messaging in these highly contested campaigns.' Swanson received applause from the entire chamber at several points throughout his State of the Judiciary address to the joint session, which followed speeches by Montana's federal congressional delegation and remarks by the Chairman of the Fort Peck Assiniboine & Sioux Tribes. Partisan elections are one of the chief goals for Republicans this legislative session, with several bills aimed at requiring judicial candidates to declare party affiliation, allowing political parties to endorse and directly fund candidates, and allowing judges and judicial candidates to take part in partisan events. Swanson said his statements, which were his own and not on behalf of the entire Montana Supreme Court, are not rooted in a constitutional position but in his own commitment to decide 'every case based on the facts and the law of that case, not based on the party or the affiliation of the litigants.' 'And if at least three of my colleagues have the same commitment to process, it won't matter if we are Democrats or Republicans,' Swanson said. 'So I urge you to focus the rest of your judiciary-related legislation on making the judiciary better.' Swanson spoke about the necessity of retaining three, independent and separate branches of government, and held up the judicial branch and legislative branch specifically. 'Our two branches have historically been the bulwark against tyranny,' he told lawmakers. 'You have been the branch closest to the people. You express their will through laws, spending and taxation. And the Judiciary has been the check on executive and legislative power to prevent the popular will from destroying individual rights. Not only do we interpret the laws and the constitution, but we create a forum where citizens can dispute against their government as equals in a courtroom.' He emphasized that within a judge's courtroom, the lowest citizen and the strongest leader are on equal footing. Swanson also reminded legislators that a vast majority of all judicial work has nothing to do with politics, partisanship or 'intergovernmental power struggles,' but are cases of ordinary people trying to go about their lives. To better help those ordinary Montanans, Swanson called for an increased number of district court judges, especially in Yellowstone County, where he said more than a quarter of all criminal cases are filed. He also brought up concerns about the state's legislative records, which are dispersed among four different entities — the Montana Historical Society, the State Library, Legislative Services and the State Law Library. A unifying effort to consolidate those records, which include committee hearings going back decades, is paramount to ensure they are preserved and made accessible to Montanans. Swanson said encouraging more lawyers and judges to adopt or continue in their profession is getting harder with the rhetoric coming from the two GOP-led branches, which he said many in his profession would call 'judicial harassment.' Legislators, he said, should reject legislation that would undermine the effective functioning of the judiciary, 'not because judges don't like it, but because it will ultimately harm Montana citizens.' 'Now, as it happens, you are considering a number of bills currently that well-respected attorneys are telling you violate the constitutional separation of powers,' he said. 'I urge you to listen to those arguments because they are probably the same arguments you will hear if those issues are litigated in my courtroom.' 'Some folks wonder if judges are born with black robes on … I urge you to get to know them and they will probably surprise you with their humanity and common sense,' Swanson said. 'If you support my vision to increase the capacity and proficiency of the judiciary, and if you've trusted my judgment up to this point, I ask that you consider these remarks each time you vote on a judicial bill.'
