Montana Lawyer December 2024/January 2025

Excerpted Comments of Randy Bishop [2025] will mark the 75th anniversary of the American College of Trial Lawyers. Fellowship in the College is extended by invitation to lawyers who have mastered the art of courtroom advocacy and whose professional careers have been marked by the highest standards of ethical conduct, profes sionalism, civility and collegiality. The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. We hope you agree that today’s program served those goals. Membership in the College is limited to 1% of the total number of lawyers in the State and includes every type of courtroom practitioner: Criminal prosecution, criminal defense, lawyers for plaintiffs and defendants in civil disputes as well as those specializing in family law, arbitrations and the like. As a consequence, the College speaks with a broad and balanced voice. Nearly twenty years ago, the American College of Trial Lawyers described judicial independence as “decision-making free from outside influence and political intimidation,” and recognized such independence as a cornerstone of democracy that must be defended. Nationally, the College has both a Judiciary Committee, of which Montana Fellow Tim Racicot is a member, and a separate commit tee focused exclusively on Judicial Independence of which United States Magistrate Judge Carolyn Ostby and I are members. During the founding of our nation, Alexander Hamilton wrote in Federalist No. 78 that, unless the point of the Revolution is simply to substitute one form of tyranny for another, it is essential that no single person or body be vested with unlimited power. Hamilton emphasized that Congress may enact laws, and the Executive may exercise powers, but only within constitutional limits. Hamilton wrote that constitutional limitations can be “preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution, void. Without this, all the reservations of particular rights or privileges would amount to nothing.” Judges know that their decisions will some times be unpopular, but their oath of office grants no quarter – they have sworn to uphold the Constitution even in the face of contrary opinions of legislators, the Executive Branch, the public – and, at times, their friends, families and even their personal preference. This is “the weight of

the robe,” and it places judging among the most demanding forms of public service. Throughout his tenure, Chief Justice McGrath has established himself as a patient and tireless de fender of judicial independence and the rule of law. Excerpted remarks of Mike McGrath I deeply appreciate the decision of the Montana Fellows of the American College of Trial Lawyers to draw much needed attention to the subject of judicial independence and I am honored to be the first recipient of this important award. I want to begin by thanking my wife, Joy, who is present here today, along with many members of my family. Their love, encouragement, and understanding has been constant throughout my professional life. In situations such as this it is often said, but never in a more heartfelt way, that their support has made my career possible. I have been privileged over the past sixteen years to serve on the Supreme Court with extraor dinary Justices. Before joining the Court, each was an excellent lawyer and, upon joining the Court, each has served Montana with dedication and a genuine commitment to the rule of law in general, and the statutes and constitution of the State of Montana in particular. In addition, Montana’s judiciary is served by a remarkable group of exceptionally hard-working and talented district court judges, each of whom not only understands, but genuinely believes that an independent judicial branch is the linchpin of our democracy. Their job is to resolve disputes. It is difficult, and they do it based upon the rule of law, not personal point of view or political considerations. Over my many years in the law, and especially during my years as Chief Justice, I have learned that our system of justice works because the public has faith in it. And with all due respect to my col leagues on the federal bench who are present here today, I believe the public’s confidence in its judges is attributable to the fact that all Montana judges must stand for election within their community. By and large, Montanans go into court confi dent that the judge in their case will listen, apply the law as written and treat them fairly. Recent surveys show that Montana’s judiciary has earned an 86% approval rating. Moreover, 95% of respon dents report that the Montana Supreme Court does its work in a timely manner and respects precedent.

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