Montanans for Justice: Vote No On Ci-98, formed in 2006,
is NOT associated with the group formed to push for the release of Barry Beach.
 
CI-98, CI-97 and I-154 Votes Will Not be Counted
Unanimous Decision In Montanans For Justice Suit
Montana Supreme Court (10/25/2006)
Sandefur Decision Upheld

"We acknowledge that many voters feel strongly that they should have the opportunity to vote on one or more of these initiatives, and that these people will feel disenfranchised by our decision. This is extremely regrettable. The fact remains, however, that if the initiative process is to remain viable and retain its integrity, those invoking it must comply with the laws passed by our Legislature. We can neither excuse nor overlook violations of these laws, for to do so here would confer free reign for others to do so in other matters. We must enforce the law as written and as the Legislature intended.

County administrators are instructed not to count the votes for CI-97, CI-98 and I-154 to the extent that this is technically feasible. If the votes must be counted, they will have no force or effect."

Full Decision

 
 

 


Montanans For Justice: Vote No On CI-98 registered as a ballot committee to provide education on the role of an independent judiciary in our constitutional democracy in assuring Montanans constitutional rights to fair and impartial justice. Montanans for Justice was formed to oppose CI-98, the judicial recall initiative, a threat to an independent, impartial and fair system of justice for Montanans.

The ability to recall elected public officials, including elected judges, for failing to do their jobs is a good, populist idea. That's why Montana statutes already provide for the recall of elected judges, and have for decades, for physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense. Additionally, Montana already has a constitutional provision for disciplining and removing judges through a judicial standards commission. And, Montana judges face an election to get into office and/or to continue in office.

CI-98, however, goes beyond the recall of judges who are not doing their jobs, and provides for petitions and recall elections of judges for any reason of voter dissatisfaction. CI-98's purpose is to threaten or punish judges for doing their jobs - making tough decisions in accordance with our Montana Constitution and statutes - by subjecting them to costly recall elections. Read what others have said about CI-98.

Constitutional Initiative 98 - Judicial Recall for Any Reason
Wrong For Justice - Wrong For Montana

Current Law Montana's Constitution and statutes currently provide for the recall of all elected public officials, including elected justices and judges, for physical or mental lack of fitness, incompetence, violation of the oath of office, official misconduct, or conviction of a felony offense.

Why then CI-98? We already have provisions for recalling, disciplining and removing judges for failing to do their jobs, and elections for general voter displeasure. The only purpose for CI-98 is to threaten or remove judges, before their terms are up, for doing their jobs - upholding our Constitution.

Who is behind CI-98? The group nominally pushing CI-98 is the Citizens Right To Recall committee. It is funded by Montanans in Action (Trevis Butcher) - the same group pushing CI-97 and I-154 - with the vast majority of money coming from out of state from people like developer Howie Rich of New York City.

How would CI-98 work? A petition is filed with a 200 word "justification statement, declaring the reasons for the recall" that can be "any reason acknowledging electoral dissatisfaction with a justice or a judge notwithstanding good faith attempts to perform the duties of the office." There is no independent review of the petition language, and the courts are specifically prohibited from any review of the petition. Misleading and inflammatory phrases would meet CI-98's no standards approach. A recall, funded by out of state corporate polluters to oust a judge that holds them accountable for polluting homeowners' drinking water could be based on a "soft on child molesters and sex offenders" campaign.

CI-98 sets no limit on the number of recall elections a judge may face. CI-98 provides that once enough signatures are gathered, an election must be called within 75 days. Taxpayers get stuck with the tab for special, expensive recall elections triggered by only 10% of voters.

CI-98 threatens the independent judiciary charged with upholding our Constitution. CI-98 fosters a judiciary which operates according to the polls, according to the popular will of the state or county at any given moment in time or according to the will of vocal, mudslinging extremists threatening recall. Do you want out of state, Howie Rich type extremists dictating to Montana's courts?

Text of CI-98

 

Vote For Justice – Vote No On CI-98

CI-98 forces taxpayers to pay the costs for special, expensive recall elections.

CI-98 is funded by out of state extremists like New York City's Howie Rich.

CI-98 is a vehicle for a mudslinging, extremist minority to threaten our judges.

CI-98 is not needed – judges can already be recalled for not doing their jobs.

CI-98 threatens judges who do their jobs – upholding our Montana constitution.

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