Frequently Asked Questions

What's wrong with citizens having the right to recall judges?


There is nothing wrong with citizens having the right to recall judges who are not doing their jobs or are unfit to serve. That is why Montana already has constitutional and statutory
laws for recalling, removing or disciplining judges.

How is CI-98 different from existing Montana laws?

Current Montana law requires that a judge can be recalled for not doing her job, or a judge can be thrown out at a regularly scheduled election if the voters don't like the way she performs her duties. CI-98 says a judge can be recalled for any reason, even if she is doing her job.

I heard CI-98, CI-97 and I-154 were thrown off the ballot, why should I care now?


A district court judge did
invalidate the petition signatures collected by out of state, professional signature gatherers, citing "a pervasive and general pattern and practice of fraud and procedural non-compliance perpetrated by paid, out of state, migrant signature gatherers commissioned by Proponents." BUT the three initiatives are still on the ballot because: ballots had already been printed; and, the proponents have filed an appeal to the Montana Supreme Court. Unless and until the Supreme Court upholds the district court, votes can be cast for the initiatives.

I heard out of state extremists are behind CI-98, is that true?

Citizens Right To Recall is the group ostensibly behind CI-98. But it is out of state extremists like New York City's Howie Rich that has provided virtually all of the hundreds of thousands of dollars to pay professional, out of state signature gatherers to qualify CI-98 for the November 2006 ballot, and who have provided more money for the election.

Who pays for recall elections under CI-98?

Taxpayers foot the bill
for verifying petition signatures and for special recall elections under CI-98. Even if a judge survives a recall vote, CI-98 itself allows subsequent petitions and recall elections for the same judge, again at taxpayers' expense.

Is there any limit on the number of recall elections a judge could face under CI-98?

There is no limit.
Under CI-98, if a mere 10% of voters sign petitions, an expensive recall election must be called within 75 days. Even if a judge survives a recall vote, CI-98 does not prohibit or limit subsequent petitions and taxpayer funded recall elections.

Why should I care if a judge gets thrown out under CI-98?

Our constitutional democracy has depended upon independent and neutral judges that protect our constitutional rights to fair and impartial justice for all Montanans. A judiciary, with a CI-98 recall over it's shoulder, will be pressured to operate 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. CI-98 is wrong for our constitutional democracy and it is wrong for Montanans.

Proponents FAQ - With Montanans for Justice comments