I happened to catch the local evening news and saw that Montana Supreme Court Justice Jim Rice filed for another eight-year term on Monday. You can read the story HERE.

That also means that Justice Rice must hit the campaign trail, raise money, shake hands, and kiss a lot of babies. He also has to stay neutral on many issues, act non-partisan, and not disclose how he feels about most anything that might come before the Montana Supreme Court.

It’s a fine line to walk – because candidates need votes to win, and voters want to know how candidates feel about the issues. They are, after all, candidates.

Other judges at different levels in Montana have to run for election or re-election, too. I think it kind of taints the office some, but that’s the system we have. I’d like to see it changed.

Rice talked about the nonpartisanship of judicial races. In part, he said:

I think we have to be so very careful when it comes to judicial elections to maintain impartiality and nonpartisanship. And it’s better is [sic] we don’t identify judges as being Republicans or Democrats or endorsed by those parties.

Those two lines gave me a chuckle because most judges are already easily identified as Republicans or Democrats. Even the judges who are appointed to the Federal courts are linked to the President and to the President’s political party, although I like that system better than electing judges.

It really does not take a rocket scientist (or a political scientist) to see which way most members of the Montana Supreme Court lean. A quick look at their biographies shows that some members of the court served in the Montana legislature. One was attorney general. I imagine if I did a thorough check of campaign donations given or received, it would paint a nice partisan picture of each justice.

Please don’t tell me it does not affect the way they think and their decisions.

Although Rice speaks a good game of “impartiality and nonpartisanship” Montana (and other states) might was well make the judicial races partisan because we already know which way they lean.

Plus, candidates running for a judicial seat might get better seating at the annual political party dinners known affectionately as the rubber chicken circuit…

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