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COMMITTEE FOR AN EFFECTIVE JUDICIARY v. STATE

No. 84-20.

679 P.2d 1223 (1984)

The COMMITTEE FOR AN EFFECTIVE JUDICIARY; Arthur M. Martin, Carl M. Davis, Jean Bowman, Robert S. Keller, et al., Petitioners, v. STATE of Montana, and James Waltermire, Secretary of State, Respondent.

Supreme Court of Montana.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Larry M. Elison, Missoula, and James H. Goetz, Bozeman, argued, for petitioners.

Mike Greely, Atty. Gen., Judy Browning argued, Asst. Atty. Gen., Helena, for respondent.

SHEA, Justice.

Petitioners are all registered voters in this state. This Court assumed jurisdiction of petitioners' original petition for declaratory judgment that we hold sections 3-1-607 and 3-1-608, MCA, unconstitutional because they conflict with Art. VII, § 10 of the Montana Constitution. Unless a district judge or supreme court justice resigns his office, these statutes prevent a district judge from running for any supreme court position, and they also...

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