Opinion State Needs New Government Claims Court
Senate Republicans have been focused this session on reforming Montana’s courts for the better. We are in the process of passing bills to bolster transparency, accountability and efficiency in our judicial branch. A critical part of improving our state’s court system is easing the workload on judges and ensuring important cases are heard in a timely manner. My legislation, Senate Bill 385, accomplishes exactly that by creating a government claims court.
The new court would consist of three judges nominated by the governor and confirmed by the Senate to staggered six-year terms. The court would have jurisdiction over civil actions that involve claims for equitable or declaratory relief based on the alleged unconstitutionality or illegality of a state action, law, ballot measure, or permit. The court could also hear civil actions involving new asbestos-related claims.
By creating a government claims court, cases involving constitutional questions and other important matters could be resolved quickly and fairly. Indeed, the people of Montana deserve timely justice from a court that specializes in these critical areas of law.
The new court would ensure that challenges to legislation and other state actions are neither rushed nor delayed. Additionally, the court would free up time for district court judges to address criminal cases, improving public safety in our communities.
This legislation is based on a request from the Senate Select Committee on Judicial Oversight and Reform and a cornerstone of our broader judicial reform effort. The Senate has already passed a series of bills to make Supreme Court deliberations more transparent, give voters greater insight on judicial candidates, and prevent unaccountable retired judges from taking critical constitutional cases like the ones this new court would hear.
SB 385 improves our judicial branch on multiple fronts. It allows highly specialized judges to be appointed to address complex constitutional, permitting and equity decisions, freeing up resources for important criminal cases to be addressed by other judges.
By creating more efficiency in district courts and the Montana Supreme Court, our judicial system can deliver expeditious justice for Montana citizens and businesses.
There are few bills this session as important as this one, which improves the lives of Montanans and efficacy in the judicial system. That is what Senate Republicans are here to do — make life better and government smaller in Montana.
I am hopeful that the legislation will fully clear the Senate soon, quickly make its way through the House of Representatives, and reach the Governor’s desk for final approval.
