Judges Aren’t Nonpartisan and Voters Deserve to Know Where They Stand

We’d all like to believe our judges are nonpartisan — that they rise above politics and rule only on the law. But human nature tells us otherwise. Every one of us leans left or right, guided by values, beliefs, and experiences. Judges are no different, and we see it every day in court decisions across the country. Why should Montana be the exception, especially now when emotions drive politics more than common sense?

Here’s the problem: Montana’s judicial races are “nonpartisan” on paper, but political parties can now donate directly to judicial campaigns. That means judges don’t have to declare their leanings, even while taking partisan money. It’s a system that lets campaigns benefit from political backing while hiding behind the label of neutrality.

Yes, voters can look up campaign finance records to see who is donating. But most won’t — not because they don’t care, but because many don't know this is an option, let alone how to go about it, and it can be complicated and time-consuming. Meanwhile, judges still appear to be independent, even when their support clearly comes from one side of the aisle.

This mismatch erodes public trust. Montanans deserve transparency, especially when it comes to positions that can decide our constitutional rights, our property, and our freedoms. Since political money is allowed into judicial campaigns, then voters should be given an honest picture of what that means.

New ballot measures are being introduced aimed at keeping judicial races labeled as nonpartisan, which means judges wouldn’t have to disclose a party affiliation. At first glance, that might sound like it protects the courts from politics. In truth, it does the opposite — it withholds information from voters. We all know politics already plays a role, so why keep pretending it doesn’t?

The better path is the honest one: require judges to list their party affiliation. That way, Montanans can see clearly where judicial candidates stand instead of digging through donor lists and financial reports. If transparency is the foundation of trust, then party affiliation is the most basic piece of information voters should have before casting a ballot.

Montanans value honesty. If judges want to serve, they should be willing to let the public know where their support comes from. That doesn’t mean turning courtrooms into political arenas — politics is already there. It means acknowledging reality and giving voters the tools to make informed decisions.

No one is truly nonpartisan. The least we can do is be honest about it — and requiring judges to disclose their party affiliation is the first step toward restoring trust in Montana’s courts.