The Montana Supreme Court justices are the seven members of the state’s highest court, elected statewide to eight-year nonpartisan terms. As of 2026, Chief Justice Cory Swanson leads the bench alongside six associate justices, and together they have the final word on how Montana’s constitution and statutes are read.1Montana State Legislature. Montana Code 3-2-101 – Number, Election, and Term of Office
Who Currently Sits on the Court
The court has one chief justice and six associate justices, and they hear cases together as a full bench rather than in smaller panels. The current members, with the year each joined and when the current term expires, are:2Montana Judicial Branch. List of Justices of the Montana Supreme Court
- Chief Justice Cory Swanson, joined 2025, term expires 2032
- Justice James A. Rice, joined 2001, term expires 2030
- Justice Beth Baker, joined 2011, term expires 2026
- Justice Laurie McKinnon, joined 2013, term expires 2028
- Justice James Jeremiah Shea, joined 2014, term expires 2028
- Justice Ingrid Gustafson, joined 2018, term expires 2030
- Justice Katherine M. Bidegaray, joined 2025, term expires 2032
Chief Justice Swanson was elected in November 2024, succeeding Mike McGrath, who served as chief justice from 2009 to 2024.3Montana Judicial Branch. Chief Justice Cory Swanson Biography Justice Bidegaray, previously a district court judge, joined the court in 2025 in the seat formerly held by Dirk Sandefur.4Montana Judicial Branch. Justice Bidegaray Biography
The chief justice presides over oral arguments, manages the court’s administrative business, and assigns opinion drafting. Written opinions issued by the court become binding precedent for every court in Montana.
What the Court Decides
The justices function primarily as an appellate panel, reviewing district court decisions to determine whether legal errors occurred. They do not retry cases or hear new evidence. Beyond appeals, the court holds original jurisdiction to issue writs of habeas corpus and other writs necessary to carry out its authority.5Montana Legislature. Montana Constitution Article VII Section 2 – Supreme Court Jurisdiction It also has supervisory control over every other Montana court, which lets it step in on a case-by-case basis when waiting for a normal appeal would cause serious harm or injustice.6Montana Code Annotated. Montana Code 25-21-140 – Rule 14 Jurisdiction – Extraordinary Writs – Supervisory Control – Original Proceedings
The justices also regulate the legal profession in Montana. Under the state constitution, the court sets the rules governing admission to the bar and the professional conduct of attorneys.7Montana State Legislature. Attorney Regulation – Players in Admission, Education, and Discipline
How Justices Reach the Bench
Montana elects its supreme court justices by popular vote in statewide elections. The state constitution requires that justices “be elected by the qualified electors as provided by law,” and the legislature has structured those elections as nonpartisan.8Montana State Legislature. Montana Constitution Article VII Section 8 – Selection Candidates do not run under a party label, and no party affiliation appears on the ballot.
Elections for supreme court seats take place during general elections in even-numbered years. When multiple candidates file for the same seat, a nonpartisan primary narrows the field. When an incumbent runs unopposed, voters instead see a retention question asking whether the justice should be kept in office for another term, with a simple yes or no choice.9Montana State Legislature. Montana Code 13-14-212 – Form of Ballot on Retention of Certain Incumbent Judicial Officers If a majority votes against retention, the seat becomes vacant.
Each justice serves an eight-year term under Article VII, Section 7 of the state constitution.10Montana State Legislature. Montana Constitution Article VII Section 7 – Terms and Pay There are no term limits. A justice can serve indefinitely as long as voters keep returning them to office, and terms are staggered so only some seats appear on the ballot in any given election year.
Judicial campaigns are tightly restricted on the money side. For the 2026 cycle, individual donors and political committees can each give up to $830 per election to a supreme court candidate, party committees face a cap of $89,050 per election, and corporations and unions cannot contribute to judicial candidates at all.11Montana Commissioner of Political Practices. State of Montana Political Campaign Contribution Limits Summary
Who Qualifies to Serve
Article VII, Section 9 of the Montana Constitution sets three baseline requirements. A candidate must be a U.S. citizen, must have lived in Montana for at least two years immediately before taking office, and must have been admitted to practice law in Montana for at least five years before being elected or appointed.12Montana State Legislature. Montana Constitution Article VII Section 9 – Qualifications
Once on the bench, justices cannot practice law, cannot hold any other paid employment, and cannot hold office in a political party. Their only compensation is their official salary and reimbursement for necessary travel expenses.12Montana State Legislature. Montana Constitution Article VII Section 9 – Qualifications There is no mandatory retirement age.
How Mid-Term Vacancies Are Filled
When a seat opens because a justice resigns, retires, or dies, the governor appoints a replacement under the process in MCA Title 3, Chapter 1, Part 9.13Montana Code Annotated. Montana Code Annotated 2025 – Title 3 Chapter 1 Part 9 Qualified applicants apply directly to the governor’s office within 40 days of the vacancy notice.14Montana Legislature. Montana Code 3-1-903 – Applications
As a general rule, the state senate must confirm the appointment. If the senate is not in session, the appointee can serve until the end of the next regular legislative session, at which point the senate votes. If the senate declines to confirm, the seat becomes vacant again. Confirmation is not required when the appointed term expires before the next legislative session, or when a general election occurs before that session and the appointment is made before the primary filing deadline.15Montana Legislature. Montana Code 3-1-906 – Senate Confirmation – Exception – Nomination in Interim – Appointment Contingent on Vacancy
An appointed justice does not automatically serve out the full remaining term. The appointee must run in the first general election after senate confirmation, and the winner serves only the remainder of the unexpired term, not a fresh eight-year term.16Montana State Legislature. Montana Code 3-1-907 – Duration of Appointment – Election for Remainder of Term
Discipline and Removal
Article VII, Section 11 of the state constitution requires the legislature to establish a Judicial Standards Commission of five members: two district judges, one attorney, and two citizens who are neither judges nor attorneys.17Montana State Legislature. Montana Constitution Article VII Section 11 – Removal and Discipline The commission investigates complaints, can subpoena witnesses and documents, and keeps its proceedings confidential unless state law provides otherwise.
If the commission finds sufficient grounds, it recommends action to the supreme court, which can then impose discipline. A justice can be forced to retire for a disability that seriously interferes with the job and is or may become permanent. A justice can also be censured, suspended, or removed for willful misconduct in office, persistent failure to perform duties, violating the canons of judicial ethics adopted by the court, or habitual intemperance. The standard of proof in formal proceedings is clear and convincing evidence, which is higher than the standard used in ordinary civil lawsuits.18Montana Judicial Branch. Rules of the Judicial Standards Commission
A complaint based solely on disagreement with a ruling will be dismissed. The appeals process is the proper remedy for legal errors, and the commission handles conduct, not outcomes.