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MONTANA SUPREME COURT JUSTICE #3

The justices of the Montana Supreme Court review cases based on the interpretation of the Montana state constitution, Federal Constitution, and Montana Statutes. Judges also consider precedence set by judgment over similar issues as well as authoritative sources of law. Justices are elected for eight-year terms.

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  • Candidate picture

    KATHERINE BIDEGARAY
    (NON)

  • Candidate picture

    DAN WILSON
    (NON)

Biographical Information

1. Please briefly provide the following information: place (town or county and state) of birth, age as of election day 2024, place (town or county) of permanent residency, occupation/employer, and education. How do these things and your other life experiences qualify you to be an effective Justice?

2. What are the most important issues you expect to face if elected and how do you propose to address them?

3. How would you describe the independent role of the Montana Judiciary in balancing the powers of the executive and legislative branches of state government?

4. What changes, if any, do you think are necessary to improve public confidence in the legal system?

Campaign Twitter Handle @bidegarayformtsupco
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- Place of birth: Sidney, Montana - Age as of election day 2024: 64 - Permanent residency: Sidney, Richland County, Montana - Occupation/employer: District Court Judge/State of Montana, Montana Seventh Judicial District -Education: Mona Public School (grades 1-6); Culbertson Public Schools (grades 7-12); University of Montana, BA Double Major and University of Montana School of Law, earning a Juris Doctor. Born in Sidney, Montana, and raised on a farm and ranch by Basque immigrants who survived occupied France during World War II, I was instilled with the values of education, work ethic, resilience, and democracy. My 38 years of diverse legal experience and my Montana roots and values make me well-qualified to serve as an effective Justice.
The most pressing issues I anticipate are the potential threats to the fundamental rights enshrined in our 1972 Montana Constitution—specifically rights related to privacy, education, and preserving Montana’s beautiful landscapes. These rights are currently threatened by efforts to undermine them for political purposes. If elected, I will address these challenges by strictly adhering to the frameworks of the 1972 Montana Constitution, the U.S. Constitution and established legal precedents and statutes. My decisions will be guided by legal reasoning and evidence rather than partisan ideology or politics, ensuring that our state’s constitutional protections are upheld and respected.
The 1972 Montana Constitution, like the U.S. Constitution, mandates the separation of government into three co-equal branches: the Legislature, the Executive, and the Judiciary. This separation is crucial as it establishes a system of checks and balances, preventing any branch from becoming overly dominant. The primary function of the Montana Judiciary is to interpret laws, which includes reviewing district court cases on appeal and handling applications for writs. Additionally, the judiciary serves as the guardian of the individual rights provided by the 1972 Montana Constitution to all Montanans. When the legislative or executive branches have exceeded their constitutionally designated powers, the judiciary is responsible for intervening.
The judiciary must demonstrate its commitment to impartiality, fairness, and the rule of law through its actions and decisions. Mere assertions of judicial integrity are insufficient; the public must witness the consistent application of these principles in practice. Judges must strive to maintain the highest ethical standards, ensuring that their rulings are based solely on the merits of each case and are not influenced by personal, political, or external pressures. Ultimately, the most effective way to enhance public confidence in the legal system is for judges to exemplify the values of impartiality, integrity, and adherence to the rule of law in their daily work. The judiciary will keep public trust by upholding and demonstrating this.
Birthplace: Billings, Montana, Age on election day: 60, Residence: Kalispell, Occupation: District Court Judge, Education: B.A., Penn State (1987); J.D., University of Minnesota (1993).

My experience as a lawyer was tremendously varied. I started as a prosecutor and moved into the general practice of law several years later, representing individuals and businesses at all levels of our state and federal courts. Representing clients with differing interests and views taught me the value of understanding the law from many perspectives and gave me a solid foundation for the work of a judge. This, in addition to years spent deciding cases as a trial court judge, has prepared me for the work of a justice and a seat on the Montana Supreme Court.
From the public’s perspective, the most important issues I will face if elected are likely those in which individual rights under our Constitution are at stake. Our Supreme Court decides a great number of cases every year, some where the impact of the ruling does not extend much beyond the interests of the parties and some where the impact of the ruling is more far reaching. In deciding any case, large or small, a justice of the Supreme Court should not announce his or her position or stand for a certain outcome until all the parties have had their say and presented their legal arguments to the Court. Only then can the parties and all Montanans receive the fairness and quality of justice from the Supreme Court that they expect and deserve.
The proper balance of powers among the judicial branch and the executive and legislative branches is best achieved according to the bedrock principle of separation of powers, which holds that the government’s powers must be divided and exercised by co-equal branches of government, with each branch exercising its powers to the exclusion of the others. The judicial branch will preserve its independence and proper role best by deciding each case through the consistent application of the highest governing principles of law, including the law of precedent, according to the U.S. Constitution, the Montana Constitution, and all other applicable laws.
Public confidence in the legal system depends on factors which are both within the control of Supreme Court justices and trial court judges and other factors which are entirely outside of their control. Judges at every level of our justice system, however, should build public confidence in the legal system by deciding cases according to the highest principles of governing law and by explaining their decisions through the reasoned application of those principles. The language of our Constitution and laws stands testament to its true meaning, and principled decisions by the Supreme Court applying that language should stand the test of time.