Article Summary –
The clerk of the Montana Supreme Court is a unique, partisan, and elected position. This year’s incumbent, Republican Bowen Greenwood, is running for re-election and argues that a Republican official is essential to balance the court, which he believes is dominated by “extremist, progressive ideologues.” His primary competitors are Senate President Jason Ellsworth, also a Republican, and Democrat Erin Farris-Olsen, who argues that a partisan clerkship is a liability to the even-handed administration of justice.
Montana Supreme Court Clerk Role: Candidates Vye for Unique Position
The rare position of the Montana Supreme Court clerk finds itself in partisan controversy. Unlike the non-partisan justices, clerkship is a partisan role. Additionally, Montana’s clerk is elected by the public every six years, as stipulated by law, setting it apart from other states.
The incumbent clerk, Republican Bowen Greenwood, and his primary challenger Senate President Jason Ellsworth, R-Hamilton, affirm the need for a Republican official within the high court. The court has faced escalating criticism from the GOP as the party contends with constitutional challenges.
Greenwood expressed that retaining a Republican presence in the court is essential. However, Democratic attorney Erin Farris-Olsen argues for political neutrality within the clerkship. She criticizes Greenwood’s overt partisanship as a detriment to balanced justice.
Key Responsibilities of the Clerk
Despite the political discourse, the role of the clerk is primarily clerical, involving tasks like filing papers and court transcripts, maintaining attorney records, and providing copies of documents to other courts.
While Greenwood, a former Montana GOP executive director, aims to improve public access to the court’s document tracking system, he also sees a role as a strategic ally for conservative attorneys. He believes his insights into court justices could aid them in court arguments.
Diverse Candidate Profiles and Campaign Focus
Greenwood’s opponent, Farris-Olsen, sees this partisan stance as problematic. An attorney herself, Farris-Olsen has previously worked within the high court and clerk administrator’s office. She emphasizes the importance of putting the rule of law before political allegiance.
Meanwhile, Greenwood is also invested in creating an independent public information office for the court. This follows Republican criticism of Court Administrator Beth McLaughlin’s handling of judicial records in 2021 due to her office’s handling of judicial records.
Farris-Olsen’s primary opponent, U.S. Navy veteran and Montana State University Northern student Jordan Ophus, could not be reached for comment. His campaign focus, as per MTFP’s candidate survey, revolves around supporting the court and maintaining transparency.
Senate President Ellsworth, another contender for the clerkship, has been silent on his campaign. Similarly, Greenwood’s campaign is largely backed by Montana conservatives, while Ellsworth has self-financed his campaign.
Also in the race is Libertarian attorney Roger Roots, known for his legal assistance to Jan. 6 defendants and Oath Keepers founder Stewart Rhodes. Despite having two felony convictions and past associations with known white supremacists, he’s now advocating for individual freedoms and a less intrusive government.
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