Mont. Code Ann. » TITLE 3. JUDICIARY, COURTS · CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY · Part 9. Judicial Vacancies
Montana Code Annotated

Mont. Code Ann. § 3-1-901 (2026)

Judicial Vacancy -- Notice

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  1. MCA Contents
  2. TITLE 3
  3. CHAPTER 1
  4. Part 9
  5. 3-1-901 Judicial vacancy -- notice

TITLE 3. JUDICIARY, COURTS

CHAPTER 1. COURTS AND JUDICIAL OFFICERS GENERALLY

Part 9. Judicial Vacancies

Judicial Vacancy -- Notice

3-1-901. Judicial vacancy -- notice. (1) (a) Upon receiving notice from the chief justice of the supreme court, the governor shall appoint a candidate, as provided in this part, to fill any vacancy on the supreme court or the district court.

(b) The chief justice of the supreme court shall appoint a candidate to fill any term or vacancy for the chief water judge or associate water judge pursuant to 3-7-221.

(2) Within 10 days of the date of receipt by the governor of the notice from the chief justice of the supreme court that a vacancy has occurred or the effective date of a judicial resignation has been announced, the governor shall notify the public, including media outlets with general statewide circulation and other appropriate sources, that a vacancy has been announced, including the deadline within which applications must be received.

History: En. Sec. 1, Ch. 62, L. 2021.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2025 · leading case: McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777.
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McDonald v. Jacobsen, 2022 MT 160, 515 P.3d 777. · cites it 2× “…(water judge appointment); § 3-1-1602, MCA (district court council); § 3-1-1101, MCA (judicial standards commission); § 3-1-901, MCA (judicial vacancies); § 3-1-710, MCA (guardianship). Under HB 325, the chief justice would be chosen by supreme court justices, rather than the…”
Choteau Acantha v. Gianforte, 2025 MT 76, 567 P.3d 302. “See §§ 3-1-901(1), -902, MCA. The application period for the position closed on February 13, 2023.”
Mont. Code Ann. § 3-1-901(1): 1 case
Choteau Acantha v. Gianforte, 2025 MT 76, 567 P.3d 302. “See §§ 3-1-901(1), -902, MCA. The application period for the position closed on February 13, 2023.”
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