Nonpartisan justice is the Montana way — let’s keep it that way | Bob Brown

I am supporting the Montanans for Fair and Impartial Judges campaign because I want to keep our judiciary independent. It’s impossible for a judge to be impartial if elected on a political party platform.

Going back to ancient times, people have understood the concept of justice by the functioning of scales. Scales play no favorites. The weights are what they are. But that changes when the scales are rigged. Political parties are not necessarily corrupt, but their purpose is political power; their purpose is to tip the scales. The purpose of a court system is totally incompatible with that.

I remember once hearing incompatibility explained this way. An armored car can’t be combined with an airplane. A heavily armored plane is not well suited to flight, and a lightly armored car cannot serve its purpose of protecting its cargo. So, politics and justice can’t be combined. They can’t be a compatible marriage. You can only have one without the other.

In addition to politics and justice being an unworkable combination, Montana has a long and proud tradition of independence. Montanans are fiercely individual, suspicious of centralized power, and committed to public institutions that serve the people, not the parties. Nowhere is that tradition more important than in our courts. Since 1935, our state has chosen its judges in nonpartisan elections. That wasn’t by accident. It was by deliberate effort, made by the people during a time when Montanans had grown tired of political machines and corporate dominance. The people chose to ensure that our judiciary would be above partisan influence. Today, nearly a century later, that tradition is being tested. Across the country, we’re seeing judicial elections becoming more partisan, more expensive, and more divisive. And we’re seeing the consequences — courts that are less impartial and judges that are bullied by self-righteous politicians. That’s why I support the effort now underway to amend our Montana Constitution and make nonpartisan judicial elections a permanent part of Montana’s law. This initiative isn’t about politics — it’s about preserving the integrity of our courts from politics. As a 30-year Republican officeholder I’ve always believed that some things should remain above the partisan fray. Judges are one of those things. Justice isn’t Democratic or Republican. Justice must be grounded in the law and neutral to be fair. Montana’s current system of nonpartisan elections of judges is far better than it would be if contaminated with more politics. Voters still elect our judges. But party labels are left out of it — so judges can focus on interpreting the law, not currying favor with the forces of political power.

If we don’t act now, that could change. A future legislature could decide to make judicial elections partisan, and voters might not even see it coming. But if we put this nonpartisan requirement into the Constitution, that decision stays where it belongs — with the people of Montana. This is not a radical proposal. It’s a reaffirmation of values we’ve held for generations. Fairness. Independence. Trust. Montanans understand that our courts must be impartial if they’re going to serve all of us. This amendment helps make sure that happens — not just today, but in the years to come. Let’s keep party politics out of the courtroom. Let’s protect the Montana way of justice.