Today marks day 36 of the Montana legislative session, and we've already lobbied and organized around numerous bills within our top-tier issue areas as they advance through, or sometimes, to our great disappointment, are stalled in the process. This week, we are uplifting a few noteworthy bills that fall within our efforts to protect democracy and support Indigenous Justice.
Out of the gate, we are asking you to exercise the following Call To Action to protect democracy under the Big Sky by sending a message to your elected leaders and asking them to oppose Senate Bill 42 and House Bill 295, which both aim to create partisan judicial elections, and House Bill 506, which would create a pathway for a constitutional amendment giving the Governor, not the people, the power to appoint Montana's Supreme Court justices.
These bills threaten the separation of powers that is fundamental to our democracy. Let's call it what it is: a politicized power grab that would degrade the impartiality of the Supreme Court by turning future justices into politicians, not jurists. When our forebears painstakingly drafted Montana's modern constitution, they went to great lengths to ensure the impartiality of the judicial branch. It is bad policy to politicize the highest court in Montana.
And while we have your attention, here is another harmful legislative proposal aimed at undermining our democracy:
House Bill 480 – OPPOSE
HB 480 permits parties to demand a jury in constitutional legal cases. The bill effectively erodes the individual rights contained in our Constitution by sidelining the most experienced decision-makers – judges – in constitutional cases. Our judges and justices have years, even decades, of training, education, and experience in understanding the Constitution. They've taken an oath to uphold the Constitution and engage with the highest degree of professionalism and care. HB 480 pushes judges and justices to the side in lieu of a jury. Of course, a jury of everyday Montanans can hardly be expected to have expertise on constitutional interpretation. This bill is scheduled for a hearing in the House Judiciary Committee on February 20.
On the expansion of Indigenous Justice in Montana, we are disheartened that the following bills are stalled or once again await meaningful action:
Senate Bill 147 – SUPPORT
This legislation, otherwise known as the Montana Indian Child Welfare Act (MICWA), was tabled in the Senate Public Health, Welfare, and Safety Committee on February 14. This bill, which is set to sunset in 2025, aims to protect Native children, preserve tribal sovereignty, and address systemic disparities in Montana's child welfare system. We urge supporters to contact their legislators to move this out of committee.
Senate Bill 181 – SUPPORT
Building on the Indian Education For All (IEFA) Act by ensuring more oversight and accountability, SB 181 was tabled in the Senate Education and Cultural Resources Committee on January 30. It held widespread, bipartisan support and should not be held up by partisan politics. We urge supporters to contact their legislators to move this critical bill out of committee.
Senate Bill 224 – SUPPORT
With this bill, an act to establish Indigenous Peoples Day as an official state holiday, would finally come to fruition. The bill was heard in the Senate State Administration Committee on February 5 and awaits action. We urge supporters to contact their legislators to encourage a vote in support of SB 224.
As always, we are grateful for your valuable time and your meaningful advocacy. Together, we can make our voices heard when it comes to protecting democracy and expanding Indigenous justice in our state.
Learn more by visiting our website for details on our legislative advocacy. And find resources on how to engage in the legislative process and add your voice in support of civil liberties at our state legislature.
