Montana Code Annotated 2023

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 6. Restrictions on Judicial Officers

Restrictions On Judicial Officers Presiding Over Matters In Which They Have Previously Asserted Position

3-1-610. Restrictions on judicial officers presiding over matters in which they have previously asserted position. (1) This section applies to all judicial officers, as defined in 1-1-202.

(2) Judicial officers may not participate in any action or proceeding involving the constitutionality of a provision of a bill if:

(a) the judicial officer has appeared before the Montana legislature or otherwise contacted a legislator or another governmental entity in support or opposition of a bill involving the same legislation if it is at issue in a case in which the judicial officer presides;

(b) the judicial officer has served on a committee or group designed to evaluate legislation when the committee or group expressed support or opposition on a bill during the judicial officer's service on the committee or other group and a case involving the same legislation is pending before the judicial officer; or

(c) the judicial officer has publicly supported or opposed an issue or bill at the request of the Montana judges association or another entity and a case involving the legislation is pending before the judicial officer.

History: En. Sec. 1, Ch. 456, L. 2021.