Opposition SB52- Creation of Chancery Court- Montana Legislature 2025

Opposition to Senate Bill 52:

Senate Bill 52 (SB 52) proposes the creation of a new Chancery Court, with judges nominated by the Governor and confirmed by the Senate. This court would have the power to rule on the constitutionality of legislation, effectively giving its judges the authority to override decisions made by the Montana Supreme Court and District Courts. While the bill supposedly purports to offer a quicker judicial response to business and property law matters, it presents significant concerns regarding the separation of powers, the constitutional framework established by the people of Montana, and the potential influence of special interest groups.

Separation of Powers:

At the core of the U.S. and Montana Constitutions is the principle of separation of powers, which divides the government into three branches: the Executive, the Legislative, and the Judicial. This division is critical to ensuring a system of checks and balances that protects individual rights and prevents any one branch from gaining excessive power.

• The Executive Branch is responsible for enforcing laws, led by the Governor.

• The Legislative Branch is responsible for creating laws, represented by the state Legislature.

• The Judicial Branch interprets laws and ensures they align with the Constitution.

  
  

SB 52 undermines this delicate balance by creating a new court that not only rules on business and property matters but also holds the power to determine the constitutionality of laws, effectively encroaching on the authority of the judicial branch. This is particularly troubling because the Chancery Court would not be elected by the people, unlike the current Supreme Court and District Court judges, who are accountable to the public.

Risk of Special Interests and Outside Influence:

In addition to the concerns over the separation of powers, SB 52 also opens the door for undue influence from outside parties with significant financial resources. Powerful corporations and special interest groups, many of which have billions of dollars at their disposal, could use their financial clout to influence the Governor and Senate in the selection of Chancery Court judges. This would create a system in which the judiciary could become more responsive to the interests of the wealthy and powerful, rather than remaining an impartial body dedicated to upholding the rights of all Montanans.

This potential for influence raises further concerns about the Court becoming a tool for advancing partisan agendas and undermining the will of the people. Rather than serving as an independent check on the Legislature, the Chancery Court could evolve into a platform for special interests to impose their will on the people of Montana, without the accountability that comes from being elected by the public. This shift would weaken the democratic foundations of our state and diminish public trust in the fairness of our judicial system.

Constitutionality of SB 52:

One of the fundamental concerns with SB 52 is its potential unconstitutionality. The bill's provision for the Chancery Court to override the Supreme Court and District Courts could undermine the long-established judicial process and threaten the rights enshrined in the Montana Constitution. Montanans hold their Constitution dear, and it is through the courts—particularly the Montana Supreme Court—that these rights have been safeguarded against legislative overreach.

The creation of this new court risks undermining the ability of the elected judiciary to carry out its duties independently. By shifting the power of judicial review to a court that is not elected by the people, this bill could alter the carefully structured system of checks and balances that ensures our rights are protected and that no one branch of government becomes too powerful.

SB 52 represents a dangerous shift in the balance of power within the Montana government. The bill’s expansion of judicial authority to a court unelected by the people could significantly weaken the independence of our judicial system, open the door to special interest influence, and undermine the constitutional rights of Montanans. We urge lawmakers to carefully consider the implications of this bill and the importance of preserving the separation of powers that has protected our rights for generations.