Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY · Part 11. Judicial Standards Commission
Montana Code Annotated

Mont. Code Ann. § 3-1-1106 (2026)

Investigation Of Judicial Officers -- Complaint -- Hearing -- Recommendations

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 1
  4. Part 11
  5. 3-1-1106 Investigation of judicial officers -- complaint -- hearing -- recommendations

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 11. Judicial Standards Commission

Investigation Of Judicial Officers -- Complaint -- Hearing -- Recommendations

3-1-1106. Investigation of judicial officers -- complaint -- hearing -- recommendations. (1) (a) The commission, upon the filing of a written complaint by any citizen of the state, shall initiate an investigation of any judicial officer in the state to determine if there are grounds for conducting additional proceedings before the commission. If the commission's investigation indicates that additional proceedings before the commission may be justified, the commission shall require the citizen who filed the original written complaint to sign a verified written complaint by affidavit before conducting additional proceedings. A citizen has the right to make public the citizen's complaints concerning a judicial officer at any time.

(b) The commission shall give the judicial officer written notice of the citizen's complaint and of the initiation of an investigation. Notice must also be given if a verified written complaint by affidavit is filed and must include the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The notice must be signed by the commission.

(2) The commission, after an investigation that it considers necessary and on a finding of good cause, shall:

(a) order a hearing to be held before it concerning the censure, suspension, removal, or retirement of a judicial officer;

(b) publicly advise the judicial officer and the supreme court, in writing, that the complaint will be dismissed if the judicial officer files with the commission a letter stating that the officer will take corrective action satisfactory to the commission; or

(c) request that the supreme court appoint one or more special masters who are judges of courts of record to hear and take evidence and to report to the commission.

(3) If after a hearing or after considering the record and the report of the masters the commission finds the charges true, it shall publicly recommend to the supreme court the censure, suspension, removal, or disability retirement of the judicial officer.

History: En. Sec. 5, Ch. 95, L. 1973; R.C.M. 1947, 93-722; amd. Sec. 1, Ch. 334, L. 1983; amd. Sec. 1, Ch. 386, L. 1991; amd. Sec. 152, Ch. 61, L. 2007; amd. Sec. 2, Ch. 460, L. 2023; amd. Sec. 1, Ch. 544, L. 2025.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1982–2024 · leading case: Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285 (Mont. 2010).
Sort: Relevance Newest Treatment
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285 (Mont. 2010). · cites it 46× “But assuming, for the sake of argument, that it is, § 3-1-1106, MCA, required the JSC to follow these steps: 1.”
State Ex Rel. Shea v. Jud. Standards Comm'n, 643 P.2d 210 (Mont. 1982). · cites it 16× “The Commission violates section 3-1-1106, MCA, by proceeding against him without a verified complaint.”
State v. Robinson, 2009 MT 170 (Mont. 2009). · cites it 6× “¶ 24 It was Robinson's obligation to present to the District Court any evidence he may have concerning the claimed irregularity in his 1993 DUI conviction.”
Mark French v. Blair Jones, 876 F.3d 1228 (9th Cir. 2017). “Mont. Code Ann. § 3-1-1106 (3), In 2014, Mark French ran as a candidate for justice of the peace in Sanders County.”
State Ex Rel. Smartt v. Jud. Standards Comm'n, 2002 MT 148 (Mont. 2002). · cites it 2× “Section 3-1-1106(1)0»), MCA. ¶13 Issue 1.”
Inquiry Concerning Complaint of Jud. Standards Comm'n v. Baugh, 2014 MT 149 (Mont. 2014). · cites it 4× “VH, § 11(2); § 3-1-1106, MCA. Under the framework outlined in Article VII, Section 11, this Court’s power to impose a particular sanction is contingent on the Commissionhaving so recommended.”
Jud. Standards Comm'n Rules (Mont. 2024). · cites it 4× “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
Jud. Standards Comm'n Rules (Mont. 2024). · cites it 4× “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
In the Matter of Hon. G. Todd Baugh, 2014 MT 149 (Mont. 2014). · cites it 3× “VII, § 11(2); § 3-1-1106, MCA. Under the framework outlined in Article VII, Section 11, this Court’s power to impose a particular sanction is contingent on the Commission having so recommended.”
Mont. Code Ann. § 3-1-1106(1): 3 cases
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285 (Mont. 2010). “But assuming, for the sake of argument, that it is, § 3-1-1106, MCA, required the JSC to follow these steps: 1.”
State Ex Rel. Shea v. Jud. Standards Comm'n, 643 P.2d 210 (Mont. 1982). “The Commission violates section 3-1-1106, MCA, by proceeding against him without a verified complaint.”
State Ex Rel. Smartt v. Jud. Standards Comm'n, 2002 MT 148 (Mont. 2002). “Section 3-1-1106(1)0»), MCA. ¶13 Issue 1.”
Mont. Code Ann. § 3-1-1106(1)(a): 1 case
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285 (Mont. 2010). “But assuming, for the sake of argument, that it is, § 3-1-1106, MCA, required the JSC to follow these steps: 1.”
Mont. Code Ann. § 3-1-1106(2)(b): 2 cases
Jud. Standards Comm'n Rules (Mont. 2024). “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
Jud. Standards Comm'n Rules (Mont. 2024). “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
Mont. Code Ann. § 3-1-1106(3): 4 cases
Inquiry Concerning Complaint of Jud. Standards Comm'n v. Baugh, 2014 MT 149 (Mont. 2014). “VH, § 11(2); § 3-1-1106, MCA. Under the framework outlined in Article VII, Section 11, this Court’s power to impose a particular sanction is contingent on the Commissionhaving so recommended.”
Jud. Standards Comm'n Rules (Mont. 2024). “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
Jud. Standards Comm'n Rules (Mont. 2024). “er 1, Part 11, MCA, except as follows: (1) where the Commission, after an investigation and on a finding of good cause, advises the judicial officer and the Supreme Court, in writing, that the grievance will be dismissed if the judicial officer files with the Commission a letter…”
In the Matter of Hon. G. Todd Baugh, 2014 MT 149 (Mont. 2014). “VII, § 11(2); § 3-1-1106, MCA. Under the framework outlined in Article VII, Section 11, this Court’s power to impose a particular sanction is contingent on the Commission having so recommended.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.