CURRENT OCCUPATION: Justice, Montana Supreme Court CAMPAIGN WEBSITE: www.mckinnon2020.com
Arrow-Circle-Right Briefly introduce yourself. I am currently a justice on the Montana Supreme Court nearing completion of my first eight-year term. Previously, I served for six years as a district judge. I have been a lawyer for 33 years. Being elected by Montanans and serving as their judge and justice for the past 14 years is the highest honor I have received in my career. I love my work as a justice and making the hard decisions required of the highest court in the state. I am committed to my work; tirelessly write, read, and research; and I believe strongly in making decisions which are independent, impartial, and based on the rule of law. I bring to the court experience as a mother of four who, together with her husband of 34 years, raised a family in a small, rural Montana community. All four of our children and their families live and work in Montana. I am committed to improving the lives of Montanans who come to court. Court services and access to justice must innovate to meet the needs of its users. Arrow-Circle-Right What issue(s) inspired your run for this office? One reason I ran
for the Court in 2012 was that neither candidate had any experience as a judge. An appellate court evaluates the decisions made during trial by the trial judge and experience having made those decisions is invaluable to the Court and the perspective of a justice. I want to continue on the Court and serve Montana because I am committed to the rule of law and protecting the separation of power between the three branches of government. Judicial experience on Montana’s highest court matters. A judge must be practiced in making impartial decisions based on rules of law, statutes, and the constitution. I have never contributed or worked for any campaign because I believe strongly a judge must appear and actually be independent. Personal agendas must only be advanced through the voting process. Respect for these important principles and protecting constitutional rights of Montana citizens is crucial to our governance and what has inspired me to continue on the Court. Arrow-Circle-Right Explain how the Court should reach the appropriate balance between following precedent and allowing for flexibility in the law. Precedent represents the collective reasoning of numerous justices and compositions of the Court developed and scrutinized by the Court over often a lengthy period of time. Following precedent provides Montanans with consistency, notice, organization, and the ability to plan and expect certain actions from those with which we interact. The requirement courts follow precedent is a fundamental pillar of our judicial system and distinguishes us from other nations in the world. We should depart from precedent only when it is manifestly wrong, such as when it
violates the Constitution or the plain meaning of a statute enacted by the legislature. History, unfortunately, provides examples of judges failing to act independently to protect the constitutional rights of its citizens—the judges maintaining they were following precedent. Justices must always consider arguments precedent should be reevaluated, but not reverse the collective judgment of the Court unless manifestly wrong.
SUPREME COURT OF MONTANA #5
LAURIE MCKINNON
Arrow-Circle-Right To what extent do you believe that a judge should or should not defer to the actions of the legislature? The law requires the Court presume actions of the legislature are constitutional and that we not address a constitutional issue if the issue can be decided on non-constitutional grounds. In this manner, the Court defers to actions of the legislature. My decisions have followed these fundamental principles. The Court must protect the constitution. The Legislature establishes the agenda and policy for Montana. The will of the people as expressed by the Legislature must be respected by the Court and is entitled to deference. The role of the legislature is to enact policy, change, improvements—through its representative form of government. I value and understand these core principles of separation, as our governance and democracy are tethered to the independence of each branch of government. As a justice, my personal opinions about actions of the Legislature are not relevant and may not be part of my decision. The Court must defer to constitutional legislative actions. stop
EYE ON THE VOTE 2020
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