SENATE BILL NO. 41

INTRODUCED BY TAYLOR M

A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE IV OF THE MONTANA CONSTITUTION TO IMPOSE TERM LIMITS ON JUDGES; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Article IV of The Constitution of the State of Montana is amended by adding a new section 9 that reads:

Section 9. Term limits for judges. (1) A person may not serve more than:

(a) two consecutive terms as a supreme court justice;

(b) two consecutive terms as a district court judge; or

(c) three consecutive terms as a justice of the peace or other judge.

(2) Except for write-in candidates, a candidate shall not file for nomination or election to a term of judicial office that exceeds the limits set in subsection (1).

(3) Nothing contained in this section precludes an otherwise qualified candidate from being certified as nominated or elected by virtue of write-in votes cast for the candidate.

NEW SECTION. Section 2. Submission to electorate. This amendment shall be submitted to the qualified electors of Montana at the general election to be held in November 2000 by printing on the ballot the full title of this act and the following:

[]	FOR imposing term limits on judges.

[]	AGAINST imposing term limits on judges.

NEW SECTION. Section 3. Effective date -- applicability. If approved by the electorate, this amendment is effective January 1, 2001, and applies to elections occurring during or after 2002. For purposes of calculating years of service for judicial term limits, the amendment does not apply to time served prior to January 1, 2001, and those years of service may not be included in a judicial term limits computation.

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