Swanson and Bidegaray win seats on the Montana Supreme Court

Judicial candidates Cory Swanson and Katherine Bidegaray claimed victory Wednesday in the race for two open seats on the Montana Supreme Court. Statewide vote counts showed them trailing their respective competitors, Jerry Lynch and Dan Wilson, by about eight percentage points.

About 90% of precincts had completed vote counting by 8:30 a.m. The Associated Press called the election for Swanson and Bidegaray shortly after 9 a.m

Swanson, the current Broadwater County attorney, will replace outgoing Chief Judge Mike McGrath, while Bidegaray, a district judge from Sidney, will take over as associate justice from Dirk Sandefur.

Swanson celebrated the result in a statement posted to Facebook Wednesday morning.

“Thank you to all Montanans who supported us and made this win possible,” Swanson said. “I will work every day to reward your trust by making fair and impartial judicial decisions and eliminating partisanship from the judiciary.”

In a statement Wednesday afternoon, Bidegaray said she was “humbled and honored” by voters’ support.

“I am committed to upholding the Constitution and approaching every case fairly and impartially. I look forward to working with my new colleagues on the urgent matters before the court,” she said.

A Lynch spokesman had no comment as of Wednesday afternoon.

In a text message to the Montana Free Press, Wilson congratulated Bidegaray on her campaign.

“Running for the Supreme Court has been a great privilege and rich experience for me that I wouldn’t trade for anything. “I congratulate Justice-elect Katherine Bidegaray on her victory and wish her success and happiness in her service to Montana on the Supreme Court,” Wilson said.

The results represent a split outcome for conservative and liberal interest groups, which flooded the race with outside spending to portray the candidates as aligned or against different agendas.

Swanson and Wilson were supported by a steady stream of mailings and digital ads from the Montana Republican State Central Committee, donations from the National Republican State Leadership Committee's Judicial Fairness Initiative and repeated endorsements from top Republican officials in the campaign, including Gov. Greg Gianforte.

Lynch and Bidegaray, on the other hand, experienced a surge in financial and promotional support from major litigation advocacy organizations and progressive groups, including the American Civil Liberties Union, the Wild Montana Voter Fund, Earthjustice Action, the Montana Federation of Public Employees, and political committees affiliated with the Planned Parenthood Federation of America.

In public forums across the state, all four candidates repeatedly said that third-party and partisan support would not influence their decision-making if elected.

The election for the two Supreme Court seats coincides with a turbulent political era for the Montana Supreme Court. Since Republicans gained power in statewide offices and the Legislature in 2020, majority party lawmakers have launched investigations and created special committees to examine how the third branch of government operates, often alleging bias against Republican laws and officials.

In 2021 and 2023, lawmakers passed several laws that changed the way the judiciary operates, including by giving the governor more power to appoint judges to vacant district court vacancies. Bills that would make judicial elections partisan and have Supreme Court justices elected by district failed in the legislature last year.

Tensions between the branches have flared again in recent weeks during the public ethics trial of Republican Attorney General Austin Knudsen. The proceedings arose from a conflict in 2021 over the legislature's subpoena powers over the judiciary.

The Commission on Practice, which regulates the professional conduct of Montana lawyers, recommended that the Montana Supreme Court in October suspend Knudsen's law license for six months. As of Monday, five Supreme Court justices, including Sandefur, had recused themselves from ruling on the case.

The results of Tuesday's election are expected to be certified in December. The new judges will take office in January.