MT doesn't need biased judges: A rebuttal to Jake Eaton and the Republican extremists

By Rep. John Fitzpatrick

R-HD 76

We live in hyperpolarized times. You can’t buy a beer or watch a ball game without someone trying to shove partisanship or a political cause in your face.

During the 2025 Legislature, several legislators introduced bills to make our courts partisan. I voted against those proposals for the same reason I voted to prohibit local governments from flying the Pride flag on public buildings. I believe there are places where partisanship should end and fairness and equal treatment should reside and two of those places are city hall and the courthouse.

“Equal justice under the law” is not just a slogan. It is a defining principle of our constitutional government. It should not matter if you are white or black, man or woman, rich or poor, Republican or Democrat. When you go into a courtroom, your case should be decided on the law and facts, not your personal traits or ideology.

When a judge takes the Oath of Office, it’s to the Constitution not the platform of a political party. I am not so naïve as to believe that every judge leaves behind their political beliefs when deciding cases, but I do not believe that turning our judicial elections into the equivalent of a contest for Governor enhances the quality of the judicial system or, improves the confidence of the general-public in our legal system.

Under one proposal during the 2025 Legislature, your local judge could be selected in a partisan primary. Although some claim this would eliminate liberal judges, the opposite is true. Partisan judicial elections would all but guarantee the election of liberal judges in all  major cities of Montana, save only Kalispell.

Imagine traveling to Missoula, getting into a car wreck, and then going before a judge elected in a partisan Democratic primary. In order to get elected, that judge would have to seek the favor of voters who identify as socialists, who prioritize transgender rights, climate change and other extreme left-wing causes. My Republican constituents should not be subject to trial before a judge elected out of the Democratic primary. For some reason, the political extremists in the Republican Party, who call themselves the Freedom Caucus and their hitman, Jake Eaton, think this is a good idea. I don’t.

Likewise, my Democratic constituents, should not be subject to a trial judge elected in the Republican primary in Flathead County.

I am not alone in my opposition to partisan judges. Chief Justice Cory Swanson, who has a history of working in Republican Party politics and District Court John Mercer, a former Republican Speaker of the House, oppose selecting judges on a partisan basis.

Our courts should be fair, unbiased, and impartial. If our courts are too biased, the solution is not to make them more biased. Judges should be selected on merit, experience, and fidelity to the law.

I do not agree with every decision rendered by our Supreme Court and I believe that our courts can be improved but turning our courts into a party caucus is not the right solution.