Independent, unbiased, neutral, impartial and fair were the buzzwords during a recent forum for the nonpartisan candidates running for two open spots on the Montana Supreme Court, all of whom promised to keep personal opinions and politics out of the courtroom.
The forum, hosted by the Yellowstone County Farm Bureau, was attended by sitting state district court judges Katherine Bidegaray of Richland County and Dan Wilson of Flathead County, who are running for the associate justice position, and Broadwater County Attorney Cory Swanson, who is running for chief justice. Swanson’s opponent, former federal magistrate Jeremiah Lynch, was not able to attend.
In the judicial system, being “political” is a breach of ethics — and what Republican lawmakers have accused the court of being when rulings have overturned GOP-backed legislation, such as laws restricting abortion. The Montana Senate Republican leadership formed a committee in April to address “judicial overreach.” Candidates alluded to the turmoil in Helena in explaining the importance of judicial impartiality.
“My goal is to reduce the political fighting that’s going on in Helena right now among the branches,” Swanson said. “A lot of that conflict is unnecessary. A lot of that conflict we just want to put in the rearview mirror so that you have confidence the Supreme Court is there, doing your business, not getting messed up in the political fights that seem to have no end.”
Though a commitment to fairness promises alleviation of some of the tension borne of today’s divided politics, the forum demonstrated that what fairness looks like has room for interpretation.
Questions at the forum focused on issues pertaining to agriculture, such as conservation, water rights, energy and delisting endangered species. Regardless of the topic at hand, Bidegaray, Wilson and Swanson maintained that they would decide cases based on the evidence presented and the Constitution. During opening statements, candidates made deciding cases seem straightforward and a matter of committing to objectivity.
“I am here to obey the Constitution, as opposed to my own unique spin on it,” Wilson said.
Swanson said a Supreme Court justice should “correctly interpret the law and apply it to the facts of the case.”
… and so on.
