Montana courts are in great hands
Montana courts are the target of criticism from the political fringes. Recently it has ramped up. Don’t buy it and I want to explain why. For what it’s worth, here are my thoughts as a lawyer who practices in courtrooms across Montana.
Our Montana courts are in great hands. Montana does not have a notable problem with activist judges, radical judges, or politically based decisions. Are judges perfect? No, they are human like the rest of us. Sometimes they get things wrong, sometimes they disagree.
Court decisions are carefully based on past (sometimes dozens) similar cases that guide and require a certain result. These past cases are “precedent.” Judges have some discretion, but not much, as they must stay within the boundary of precedent. Any disagreement between judges is relatively small, confined within the boundaries of precedent.
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