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Montana’s judicial powers are vested in a court system with diverse venues serving a state with unique issues and interests. Unlike most states, Montana has no intermediate appellate court. However, like a number of western states, Montana has a Water Court to hear matters related to this most important rural and agricultural resource.

Montana Supreme Court

Montana’s Supreme Court consists of a chief justice, presently Karla M. Gray, and six associate justices.

Since Montana has no intermediate appellate court, and because each citizen has a right to appeal his case, the state Supreme Court does not have discretion over whether to hear appeals. It must accept and resolve them all. These appeals arise from District Court venues all across Montana, but also from the Workers’ Compensation Court and Water Court.

Montana’s constitution also vests the Supreme Court with original jurisdiction in several matters, including writs of habeas corpus. The Supreme Court also may exercise original jurisdiction in a case that has not already been through District Court if there are no facts in dispute and the case presents only legal or constitutional questions; an example was a recent Supreme Court decision on a legal challenge to political term limits.

The Supreme Court also has a number of other duties, including making the rules and procedures by which Montana courts operate, and imposing discipline on lawyers and judges within the state. The court adopts a personnel plan for the state’s judicial branch, as well.

The court’s oral argument and meeting schedules are available at its Web site, as are links to view prior oral arguments. The court’s orders and opinions also are readily available.

Montana District Court

Montana, a state with fewer than 1 million people living across a land mass of 147,165 square miles, needs a District Court system that can effectively serve such a population. Thus, the state is divided into 56 districts, which are administratively structured into 22 judicial districts and are served by about 43 judges.

The district courts are venues of general jurisdiction. As such, they process all felony cases, all probate cases, most civil cases at law and in equity, certain special actions and proceedings, all civil actions that might result in a finding against the state for payment of money, naturalization proceedings, numerous writs, and a few narrowly defined election ballot issues. District Court judges also have limited appellate jurisdiction over cases arising in the courts of limited jurisdiction in their respective districts.

Specialty courts and services that fall under the District Court umbrella include the Judicial Family Institute and treatment courts for youth and adults with alcohol or substance abuse problems.

The district courts operate under a set of uniform rules (available via text download), but each of the 22 judicial districts also might establish some local rules of its own.

Montana Courts of Limited Jurisdiction

Montana has a number of “courts of limited jurisdiction.” These include Justice Court (66 in the state), City Court (81) and Municipal Court (five). Although the jurisdictions of these courts differ slightly, collectively they address a large caseload of misdemeanor offenses, civil cases for amounts up to $7,000, small claims valued at up to $3,000, landlord/tenant disputes, local ordinances, forcible entry and detainer, protection orders, some juvenile cases and other matters. Together, these courts handle a caseload nearly 10 times greater than that of District Court.

Justice and Municipal Court judges are elected to office, unless they were appointed to fill a vacated position. City Court judges may be elected or appointed, depending on local rule. All limited jurisdiction court judges serve terms of four years. Justice and City Court judges need not be attorneys, but Municipal Court Judges must be lawyers by trade. There are about 115 limited jurisdiction court judges statewide, some of whom serve as a local justice of the peace in addition to their roles as city judges.

Montana Water Court

From the state’s early days as a territory until June 30, 1973, water rights were appropriated throughout the state and yet nobody was certain how much water had been fully appropriated. A vital resource anywhere, but especially in a state of the American West, water is an asset valuable enough to merit its own court system in a state such as Montana.

Montana Water Court was established to address disputes over the ownership, amounts and priority of rights to water. In 1979, Senate Bill 76 divided Montana into four water divisions and authorized up to five Water Court judges to adjudicate existing water rights in a statewide proceeding. A series of deadlines ending April 30, 1982, gave citizens an opportunity to stake their claim to water rights they believed were justifiably theirs.

Besides the chief Water Court judge, the court also has four District Court judges who work part-time for the Water Court as judges. There are a number of full-time water masters who function as judicial officers.

Because of the importance water holds for Montanans, the Water Court Web site has extensive links to information that would be useful for citizens who must file claims or represent themselves in Water Court. That information includes: a PDF step-by-step guidebook to the water court process; a Microsoft Word document about representing yourself in Water Court; a downloadable Word document on the basic outline of Montana water law; and links to generic forms to be completed in conjunction with Water Court cases.

Montana Water Court is located in Bozeman, staffed by the chief judge, water masters and clerks. The remaining Water Court judges serve from their various districts in the Upper Missouri Division, Lower Missouri Division, Yellowstone Division and Clark Fork Division. Each is subdivided by basins, with 85 recognized basins throughout the state.

Workers’ Compensation Court

The Montana legislature established Workers’ Compensation Court in 1975 to provide a more efficient and effective forum for the resolution of disputes arising between employers and employees under the Workers’ Compensation Act and the Occupational Disease Act. Subsequent legislatures have increased the court’s exclusive jurisdiction to include matters such as disputes involving independent contractor exemptions and re-employment preferences.

The Workers’ Compensation Court conducts trials statewide and decides requests for judicial review from final orders by the Montana Department of Labor and Industry. Decisions of the WCC may be appealed directly to the Montana Supreme Court. The WCC judge, presently James Shea, serves a six-year term to which he was appointed by the governor.

The court’s trial calendar, a list of upcoming trials and hearings, the status of pending cases, and a list of pending appeals to the Supreme Court are available online.

Supreme Court Opinions

Workers' Compensation Court

State Law Library of Montana - Search laws by topic, state laws, federal laws, CLE and organization or agency.

Montana District Court Map - Map of the 56 district courts in Montana and a listing of the judges, District Court Clerks and the Counties in the District.

US District Court - District of Montana

US Bankruptcy Court District of Montana

Montana Courts of Limited Jurisdiction - Find general information on the Courts of Limited Jurisdiction and the cases that they handle.

Montana Water Court - Search adjudication statutes, Water Right Claim Examination Rules as well as a guide on representing yourself in water court.

Montana Supreme Court Case Search - Search for Montana Supreme Court cases by case number, party name and cases that have occurred in the last month.

Montana Clerk of Supreme Court - Information on the clerk, court dockets, caseload statistics, and information on filing procedures.

Montana State Constitution - Clickable Table of Contents for easier searching of the Montana Constitution.

State Law Library of Montana - Information on how to find a lawyer, whether you need a lawyer and how to verify if your lawyer is certified to practice law.