Montana Code Annotated

Mont. Code Ann. § 3-1-607 (2026)

Supreme Court Justice Or District Court Judge Candidacy For Nonjudicial Office -- Resignation Required

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TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 6. Restrictions on Judicial Officers

Supreme Court Justice Or District Court Judge Candidacy For Nonjudicial Office -- Resignation Required

3-1-607. Supreme court justice or district court judge candidacy for nonjudicial office -- resignation required. (1) If a person occupying the office of chief justice or associate justice of the supreme court or judge of a district court of the state of Montana becomes a candidate for election to any elective office under the laws of the state of Montana other than a judicial position, the person shall immediately, or in any event at or before the time when the person is required to file as a candidate for the office in any primary, special, or general election, resign from the office of chief justice, associate justice, or district court judge.

(2) The resignation becomes effective immediately upon its delivery to the proper officer or superior.

(3) The resignation requirement does not apply when the person is a bona fide candidate for reelection to the identical office currently occupied by the person or for another judicial position.

History: En. Sec. 1, Ch. 139, L. 1957; amd. Sec. 21, Ch. 344, L. 1977; R.C.M. 1947, 93-219(1); amd. Sec. 5, Ch. 3, L. 1985; amd. Sec. 145, Ch. 61, L. 2007.

Notes of Decisions
Cited in 3 cases, 1984–2010 · leading case: Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116.
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116. · cites it 20× “[3] It is unfortunate that this Court, itself, did not intervene in this matter at this point.”
Comm. for an Effective Judiciary v. State, 679 P.2d 1223 (Mont. 1984). · cites it 20× “At the time of the 1972 Constitutional Convention, section 3-1-607, MCA (formerly section 93-219, R.”
Comm. for an Effective Judiciar, No. 84-020 (Mont. Apr. 2, 1984). · cites it 9× “At the time of the 1972 Constitutional Convention, section 3-1-607, MCA (formerly section 93-219, R.”
Mont. Code Ann. § 3-1-607(1): 1 case
Inquiry Concerning Complaint Of: Jud. Standards Comm'n v. Leroy Not Afraid, 2010 MT 285, 245 P.3d 1116. “[3] It is unfortunate that this Court, itself, did not intervene in this matter at this point.”
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