Create a judicial performance evaluation commission and system
SB 45 establishes the Montana Judicial Performance Evaluation System to provide citizens with information about the performance of district court judges and Supreme Court justices. The bill creates an 11-member Judicial Performance Evaluation Commission, administratively attached to the Department of Justice, to oversee this system. The Commission is responsible for conducting evaluations of judges and justices and contracting for a survey to gather data. This evaluation information will be published by the Secretary of State in the voter information pamphlet, making it accessible to the public.
Bill statussignedall 5 stages cleared
Introduction
Dec 2024
Committee Review
Apr 2025
Senate Passage
May 2025
House Passage
May 2025
Signed into Law
May 2025
Introduced Dec 12, 2024Signed May 19, 2025
Maddy AI version diff · 15 comparisons
What changed between versions
SB0045_7.pdf→SB0045_X(20).pdf·4 edits
MODERATE
The bill was updated from a draft version to an enrolled (final) version, changing the title format and adding a termination date to the summary. Substantive policy changes include expanding the definition of 'bias' to explicitly include hostile acts and body language, adding a new requirement for judges to treat cases based on facts and law, and clarifying the commission's allocation to the Department of Justice. The number of commission members and their appointment details were also adjusted in the text.
Scope change
The bill's scope remains focused on establishing a judicial performance evaluation system, but the definition of 'bias' is now broader, and the commission's administrative home is clarified.
DEFINITION
The definition of 'bias' was expanded to include epithets, slurs, demeaning nicknames, and threatening or intimidating acts or body language that create an appearance of bias.
REQUIREMENT
A new requirement was added stating that judges must treat each case in accordance with the facts presented and the governing law.
TECHNICAL
The bill title was updated from 'SB0045.7' to 'SB 45', and a termination date was added to the summary of provisions.
ELIGIBILITY
The appointment structure for the Judicial Performance Evaluation Commission was adjusted, changing the number of members appointed by the Senate President, House Speaker, and Governor, and clarifying the inclusion of retired judges.
SB0045_X(19).pdf→SB0045_7.pdf·3 edits
MINOR
The bill was renumbered from SB 45 to SB 45.7 and its title was updated to include the Secretary of State's duty to publish evaluation information. The most significant substantive change is the redefinition of 'bias' to include specific behaviors like using epithets or slurs, while removing the previous requirement that bias must be displayed through such acts. Additionally, the composition of the Judicial Performance Evaluation Commission was altered, reducing the number of members appointed by the Governor and Chief Justice while increasing the number appointed by the Senate President and House Speaker.
Scope change
The bill's scope regarding the definition of judicial bias has narrowed by specifying that bias must be displayed through epithets, slurs, or hostile acts, whereas the previous version allowed for a broader inference of bias based on comments or facial expressions alone.
DEFINITION
The definition of 'bias' was changed to require that prejudice be displayed through specific actions like using epithets, slurs, or threatening acts, rather than being inferred from comments or facial expressions.
ELIGIBILITY
The composition of the Judicial Performance Evaluation Commission was modified to change the number of members appointed by the Senate President, House Speaker, Governor, and Chief Justice.
TECHNICAL
The bill was renumbered from SB 45 to SB 45.7 and the title was updated to clarify the Secretary of State's role in publishing evaluation information.
SB0045_X(8).pdf→SB0045_X(9).pdf·4 edits
MODERATE
This bill restructures the Judicial Performance Evaluation Commission by changing how its members are appointed to ensure a more balanced representation of legal and non-legal perspectives. It also updates the definitions of judicial bias to include specific behaviors like the use of slurs or hostile body language, rather than just internal feelings. Additionally, the bill clarifies that commission members do not receive a salary but can be paid for travel and daily expenses.
Scope change
The bill expands the scope of the commission by adding a new category for judges appointed to fill vacancies and clarifies the specific years in which evaluations must occur for different types of judges.
ELIGIBILITY
The appointment process for commission members was altered to remove specific requirements for retired judges in the Senate group and to adjust the total number of members appointed by the Governor and Chief Justice.
DEFINITION
The definition of 'Bias' was narrowed to focus on observable actions like epithets or slurs, while the definition of 'Impartiality' was expanded to explicitly include maintaining an open mind.
REQUIREMENT
New requirements were added to conduct performance evaluations for judges appointed to fill vacancies during their current term.
FISCAL
The compensation structure for commission members was clarified to state they receive no salary, only per diem and travel expenses.
SB0045_5(7).pdf→SB0045_X.pdf·3 edits
MINOR
This bill was updated from a draft version to an enrolled (final) version, changing the bill number from SB 45.5 to SB 45 and adding a termination date to the title. The core policy content regarding the creation of a judicial performance evaluation commission remains largely the same, though the text was cleaned up to remove conflicting edits and formatting errors present in the draft.
Scope change
The bill's scope is now explicitly limited to a specific termination date, which was not clearly defined in the previous draft version.
TIMELINE
Added a specific termination date to the bill's title, establishing a clear end point for the program.
TECHNICAL
Corrected formatting errors, removed conflicting text edits, and standardized the bill number from SB 45.5 to SB 45.
Updated page headers and footers to reflect the final 'Enrolled Bill' status rather than the draft 'Authorized Print Version'.
SB0045_4(13).pdf→SB0045_5.pdf·5 edits
MODERATE
The bill was renumbered from SB 45.4 to SB 45.5 and expanded its legislative findings to include a one-time appropriation and reporting requirements. The most significant policy changes involve the composition of the Judicial Performance Evaluation Commission, which now includes two new appointees: the Senate Minority Leader and the House Minority Leader, replacing the previous appointment structure for those seats. Additionally, the definition of 'bias' was broadened to explicitly include hostile acts, epithets, and slurs that create an appearance of prejudice.
Scope change
The bill's scope was expanded to include new funding provisions and reporting mandates, and the commission's membership criteria were altered to increase partisan representation.
ELIGIBILITY
The appointment structure for the commission was changed to include the Senate Minority Leader and House Minority Leader as appointing authorities, replacing the previous arrangement for those specific seats.
FISCAL
The bill now includes a provision for a one-time-only appropriation to fund the commission's operations.
REQUIREMENT
New reporting requirements were added to the bill's legislative findings section.
DEFINITION
The definition of 'bias' was expanded to explicitly list hostile acts, epithets, slurs, and intimidating body language as indicators of bias or an appearance of bias.
TIMELINE
A termination date for the commission or program was added to the bill's findings.
SB0045_3(9).pdf→SB0045_4.pdf·3 edits
MINOR
The bill was renumbered from SB 45.3 to SB 45.4, indicating a new version of the legislation. The most significant substantive change involves the composition of the Judicial Performance Evaluation Commission, where the number of appointees from the Senate, House, and Governor was increased from three to four members each. This modification alters the balance of power on the commission, likely to ensure broader representation or a more robust evaluation process.
Scope change
The scope of the commission's membership was expanded by increasing the number of appointees from three to four for the Senate, House, and Governor, while the Chief Justice's appointees remained at two.
ELIGIBILITY
The number of commission members appointed by the Senate president increased from three to four.
The number of commission members appointed by the House speaker increased from three to four.
The number of commission members appointed by the Governor increased from three to four.
SB0045_2(18).pdf→SB0045_3(3).pdf·5 edits
MODERATE
The bill text was updated from version 2 to version 3, primarily involving the addition of a transition provision and the renumbering of several definitions within the Judicial Performance Evaluation Commission. The substantive policy content regarding commission structure, member qualifications, and evaluation requirements remains unchanged.
Scope change
The scope of the bill remains the same; no new courts or judges are added, and no existing provisions were removed.
REQUIREMENT
Added a 'transition' provision to the bill title and summary, indicating a plan for phasing in changes.
DEFINITION
Renumbered the list of definitions (e.g., 'Bias' changed from item 1 to item 1, but subsequent items were shifted, and specific text was added to the definition of 'Bias' regarding epithets and hostile acts).
Renumbered the list of definitions for 'Conflict of Interest', 'Court Administrator', and 'Impartiality'.
Renumbered the list of definitions for 'Judge' and 'Open-mindedness'.
TECHNICAL
Updated the bill number from SB0045.2 to SB0045.3 to reflect the legislative version.
SB0045_1(15).pdf→SB0045_2(18).pdf·5 edits
MODERATE
This bill amends the Judicial Performance Evaluation Commission to include a specific requirement for the Secretary of State to publish judicial evaluation information within the Voter Information Pamphlet. It also clarifies definitions of bias and impartiality to explicitly include modern forms of discrimination such as epithets, slurs, and hostile body language, while adjusting how commission members are appointed.
Scope change
The bill expands the scope of public transparency by mandating that judicial evaluations be included in the official Voter Information Pamphlet, ensuring voters have access to this data before elections.
REQUIREMENT
Changed the requirement for publishing judicial evaluation information from a general mandate to a specific instruction to include it in the Voter Information Pamphlet.
DEFINITION
Updated the definition of bias to explicitly list epithets, slurs, demeaning nicknames, and threatening or hostile acts/body language as indicators.
Refined the definition of impartiality to clarify it involves the absence of prejudice toward specific parties or classes, not just general fairness.
ELIGIBILITY
Modified the appointment criteria for commission members to require that two members be appointed by the Chief Justice of the Supreme Court.
TECHNICAL
Corrected line numbering and section headers throughout the document to align with the new bill version.
SB0045_3(2).pdf→SB0045_1(15).pdf·4 edits
MODERATE
This bill updates the judicial performance evaluation commission by clarifying its purpose to provide citizens with fair information about judges. It restructures the commission's membership to ensure a balanced mix of legal and non-legal experts, limits how long members can serve, and adds new definitions for key terms like 'bias' and 'open-mindedness' to guide the evaluation process.
Scope change
The bill's scope remains focused on evaluating district court judges and supreme court justices, but it expands the commission's rulemaking authority and clarifies the specific criteria used to assess judicial performance.
ELIGIBILITY
Commission membership rules were changed to limit the number of attorneys on the panel and clarify that legislators and judges cannot serve on the commission.
DEFINITION
New definitions were added for 'bias,' 'conflict of interest,' 'court administrator,' 'impartiality,' 'judge,' and 'open-mindedness' to standardize how evaluations are conducted.
REQUIREMENT
The bill now explicitly requires the commission to prepare midterm evaluations for both district judges and supreme court justices, whereas the previous version only mentioned district judges.
The commission's rulemaking authority was expanded to include the power to adopt rules for implementing the evaluation process.
SB0045_2(17).pdf→SB0045_3.pdf·4 edits
MODERATE
The bill was renumbered from SB 45.2 to SB 45.3, and the substantive text was significantly reorganized and expanded. The most critical change is the addition of a new definition for 'Bias' that explicitly lists specific behaviors like using epithets, slurs, or threatening body language, which broadens the scope of what constitutes bias. The bill also added a new requirement for judges to interpret and apply the law without regard to their personal approval or disapproval of the law, and it renumbered several existing definitions to accommodate these additions.
Scope change
The scope of the bill was expanded to include a more detailed definition of bias and a new mandate regarding judicial neutrality toward the law itself.
DEFINITION
Added a specific list of behaviors (epithets, slurs, threatening acts, etc.) to the definition of 'Bias'.
Renumbered and restructured the definitions section to accommodate the new content.
REQUIREMENT
Added a new requirement that judges must interpret and apply the law without regard to whether they approve or disapprove of it.
TECHNICAL
Updated the bill number from SB0045.2 to SB0045.3 and reorganized the layout of the text.
SB0045_2(13).pdf→SB0045_2(14).pdf·1 edit
MINOR
The bill underwent minor formatting adjustments to correct numbering sequences and indentation within the definitions section. These changes ensure the definitions of key terms like 'Bias' and 'Commission' are clearly organized and sequentially accurate, improving readability and legal clarity without altering the substantive policy or scope of the legislation.
TECHNICAL
Corrected numbering errors in the definitions section (e.g., changing '(4) (3)' to '(4)(3)') to ensure logical sequence and proper formatting.
SB0045_1(14).pdf→SB0045_2(8).pdf·6 edits
MODERATE
The bill was renumbered from SB 45.1 to SB0045.2 and updated its title to explicitly require the inclusion of judicial evaluation information in the voter information pamphlet. Substantively, the bill now requires the Chief Justice of the Supreme Court to appoint commission members rather than the Supreme Court as a body. Additionally, the definitions of 'Bias' and 'Impartiality' were expanded to include specific examples of hostile behavior and the absence of prejudice, while the definition of 'Open-mindedness' was moved to a new section.
Scope change
The bill's scope regarding judicial evaluation was expanded to include specific examples of bias and hostility in the definitions, and the appointment authority for commission members was narrowed to the Chief Justice.
TECHNICAL
The bill was renumbered from SB 45.1 to SB0045.2 and the header date format was adjusted.
REQUIREMENT
The title was updated to clarify that judicial evaluation information must be included in the voter information pamphlet.
ELIGIBILITY
The authority to appoint commission members was changed from the Supreme Court members collectively to the Chief Justice of the Supreme Court alone.
DEFINITION
The definition of 'Bias' was expanded to include specific examples such as epithets, slurs, demeaning nicknames, and threatening acts.
The definition of 'Impartiality' was expanded to explicitly define it as the absence of prejudice and the maintenance of an open mind.
The definition of 'Open-mindedness' was moved to a separate section and renumbered.
SB0045_2(7).pdf→SB0045_1(8).pdf·2 edits
MINOR
The bill was renumbered from SB 45.2 to SB 45.1 and updated to reflect the 69th Legislature session. The most significant substantive change involves the composition of the judicial performance evaluation commission, specifically removing the requirement that one appointed member must be a lawyer currently or formerly licensed to practice in Montana. This reduces the number of legal professionals on the commission, potentially altering the balance of expertise within the evaluation body.
Scope change
The bill's scope regarding the composition of the judicial evaluation commission was narrowed by removing a specific eligibility requirement for one of the appointed members.
ELIGIBILITY
Removed the requirement that one of the two members appointed by the chief justice must be a lawyer licensed or formerly licensed in Montana.
TECHNICAL
Updated bill number from SB 45.2 to SB 45.1 and adjusted session headers to reflect the 69th Legislature.
SB0045_1(7).pdf→SB0045_2.pdf·3 edits
MINOR
This bill updates the Montana Judicial Performance Evaluation Commission by clarifying how judicial evaluation information is distributed to voters and adjusting appointment rules for commission members. The changes ensure that the Secretary of State must include judicial evaluation data in the official Voter Information Pamphlet rather than a separate document, and they require the Chief Justice to appoint one of the two court-appointed commission members, adding clarity to the selection process.
Scope change
The bill's scope expanded to explicitly include judicial evaluation information in the Voter Information Pamphlet, affecting how the public receives information about judicial performance.
REQUIREMENT
Changed the requirement for the Secretary of State to publish a separate Judicial Evaluation Information Pamphlet to instead include the information directly within the standard Voter Information Pamphlet.
ELIGIBILITY
Modified the appointment process for commission members by specifying that one of the two members appointed by the Supreme Court must be appointed by the Chief Justice.
TECHNICAL
Updated the bill title and formatting to reflect the new requirement for including evaluation data in the Voter Information Pamphlet.
LC0527.pdf→SB0045_1.pdf·2 edits
MINOR
The bill was renumbered from LC0527 to SB 45 and the sponsor was identified as T. McGillvray. The substantive text regarding the judicial performance evaluation commission remains unchanged, with only minor formatting updates to the header and page footers.
TECHNICAL
The bill number was changed from LC0527 to SB 45, and the sponsor was added as T. McGillvray.
Page header and footer text were updated to reflect the new bill number SB 45 instead of LC0527.
