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Passed

Montana bill bars retired judges from presiding over state law constitutionality cases

Original title: Prohibit retired judges from hearing constitutional cases

Last action · May 23, 2025: (H) Died in CommitteeSponsor: Jason Ellsworth

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

Senate Bill 20 prohibits retired judges and justices from serving or assisting in any court case where a party challenges the constitutionality of a state statute, taking effect immediately upon passage and approval.

Why it matters

The measure alters how the state assigns judicial caseloads by removing retired judges from a specific category of litigation, directly affecting court scheduling and judicial availability for constitutional challenges.

Background
  • Senate Bill 20 was introduced during the 69th Montana Legislative Session at the request of the Senate Select Committee on Judicial Oversight and Reform. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

retired judges and justices

They become ineligible to serve or assist in court cases that involve challenges to the constitutionality of a state statute.

Directly affected

district courts and water courts

They experience restrictions on the pool of available retired judicial personnel who can be called to help manage caseloads involving constitutional claims.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who is affected by this restriction?
Retired judges and justices who are otherwise subject to being called for duty by the chief justice are affected, as they cannot be assigned to cases challenging the constitutionality of a state statute.
When does this change take effect?
The act takes effect upon passage and approval.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently passed chamber. The next step in the legislative lifecycle is Law.

Procedural history

28 actions
  1. May 23, 2025HouseCommittee
    (H) Died in Committee
  2. Apr 17, 2025HouseCommittee
    (H) Tabled in Committee
  3. Apr 7, 2025House
    (H) Hearing Canceled
  4. Apr 7, 2025House
    (H) Hearing
  5. Mar 17, 2025House
    (H) Hearing
  6. Feb 17, 2025House
    (H) 1st Reading
Show 22 earlier actions
  1. Feb 17, 2025HouseCommittee
    (H) Referred to Committee
  2. Feb 17, 2025Senate
    (S) Transmitted to House
  3. Feb 15, 2025Senate
    (S) 3rd Reading
  4. Feb 15, 2025Senate
    (S) Scheduled for 3rd Reading
  5. Feb 14, 2025Senate
    (S) 2nd Reading
  6. Feb 14, 2025Senate
    (S) Scheduled for 2nd Reading
  7. Jan 24, 2025SenateCommittee
    (S) Committee Report
  8. Jan 24, 2025SenateCommittee
    (S) Committee Executive Action
  9. Jan 15, 2025Senate
    (S) Hearing
  10. Jan 11, 2025Senate
    (S) Hearing Canceled
  11. Jan 7, 2025SenateCommittee
    (S) Referred to Committee
  12. Jan 6, 2025Senate
    (S) 1st Reading
  13. Jan 3, 2025Senate
    (S) Hearing
  14. Dec 6, 2024SenateIntroduced
    (S) Introduced
  15. Dec 6, 2024House
    (LC) Draft Delivered to Requester
  16. Dec 4, 2024House
    (LC) Draft Ready for Delivery
  17. Dec 4, 2024House
    (LC) Draft in Assembly
  18. Dec 2, 2024House
    (LC) Draft in Final Drafter Review
  19. Nov 26, 2024House
    (LC) Draft in Input/Proofing
  20. Nov 25, 2024House
    (LC) Draft in Edit
  21. Nov 22, 2024House
    (LC) Draft in Legal Review
  22. Oct 24, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Restriction on Retired Judicial Assignments

The legislation carves out a specific subject-matter exception preventing retired judges from participating in constitutional challenges to state statutes.

Connected Entities

Jason Ellsworth, Senate Select Committee On Judicial Oversight And Reform
PersonJason Ellsworth“Introduced Senate Bill 20 as a Republican senator representing District 43.”Map →
OrganizationSenate Select Committee On Judicial Oversight And Reform“Requested the introduction of Senate Bill 20.”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance45
    How much this matters to a regular citizen
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz25
    Current news / social attention level

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