SB 20 Montana Senate · 2025 Regular Session

Prohibit retired judges from hearing constitutional cases

SB 20 prohibits retired judges and justices from hearing or assisting in any court case where a party challenges the constitutionality of a Montana state statute. This bill amends two Montana Code sections (3-5-202 and 19-5-103) to explicitly ban retired judges from such cases, directly affecting retired judicial officers who might otherwise be called to assist courts. The key provision removes retired judges from participating in constitutional challenges while maintaining their ability to serve in other non-constitutional matters. The bill would have taken immediate effect upon enactment but died in committee in May 2025.

Bill status died 4 of 5 stages cleared

Introduction

Dec 2024

Committee Review

Feb 2025

Senate Passage

Feb 2025

House Passage

Apr 2025

Governor

Introduced Dec 7, 2024 Last action May 23, 2025

Maddy AI version diff · 1 comparison

What changed between versions

LC0616.pdf → SB0020_1.pdf · 5 edits

MODERATE

The bill renumbered from LC 0616 to SB 20 and updated the sponsor's name. It modified the qualifications for district court judges to require 5 years of prior legal practice in Montana and clarified that judges must reside in their district during their term. Additionally, it restructured the rules for calling retired judges to duty, adding a specific exception for cases challenging state statutes and clarifying compensation limits.

Scope change

The bill's scope remains focused on judicial qualifications and the call of retired judges, but the specific eligibility criteria for judges and the procedural rules for retired judges were modified.

ELIGIBILITY

Added a requirement that district court judges must have been admitted to practice law in Montana for at least 5 years before appointment or election.

Clarified that while judges do not need to reside in their district at the time of election, they must live there throughout their term of office.

REQUIREMENT

Restructured the rules for calling retired judges to duty, explicitly prohibiting them from serving in cases where a party challenges the constitutionality of a state statute.

FISCAL

Adjusted the compensation formula for retired judges, capping daily pay at the current salary for the first 180 days and reducing pay to a fraction of the salary minus retirement benefits for days served beyond 180.

TECHNICAL

Changed the bill identifier from LC 0616 to SB 20 and updated the sponsor information.

Floor votes · Senate Feb 15, 2025 · House Apr 17, 2025

How they voted

25–23

Passed · 2 other

Total votes 50

Feb 15, 2025

D Democratic18

17 Nay 1

94% Nay

R Republican32

25 Yea 6 Nay 1

78% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 17, 2025

House · Passed

House Vote: pass (20-0)

house

Apr 17, 2025

Amended

(H) Tabled in Committee - (H) Judiciary

lower

Feb 17, 2025

Committee

(H) Referred to Committee - (H) Judiciary

lower

Feb 15, 2025

Senate · Passed

Senate Vote: pass (25-23-2)

senate

Jan 24, 2025

Upper · Passed

(S) Committee Report - (S) Judiciary

upper

Jan 24, 2025

Upper · Passed

(S) Committee Executive Action - (S) Judiciary

upper

Jan 7, 2025

Committee

(S) Referred to Committee - (S) Judiciary

upper

Dec 7, 2024

Introduced

(S) Introduced

upper

1 primary · 0 co-sponsors