Boucher submits resignation as District Court judge

State District Judge Dan Boucher on Friday submitted his resignation, effective Nov. 9.

Boucher was not available for comment this morning.

The resignation throws a wrinkle into the election for the position, with Boucher the only candidate in the nonpartisan race on the Nov. 6 ballot.

His resignation will be effective three days later.

This is the second election in which Boucher has run for the position, after he was appointed in November 2010 to take the place of retiring Judge Dave Rice.

Rice retired mid-term. He first was appointed in 2003 to take the place of Judge John Warner, who was appointed to the state Supreme Court. Rice won the 2006 election as judge of the district, which includes Hill, Liberty and Chouteau counties.

Boucher was unnopposed in his bid to retain the seat in 2012.

A graduate of Hellgate High School in Missoula, Boucher received his bachelor's degree in economics from the University of Montana in Missoula in 1980. After receiving his law degree from UM in 1984, he joined the Frank Altman law firm in Havre.

Boucher worked as the sole practitioner in Altman and Boucher in Havre before applying for the judge position and had served as regional public defender in Havre and as a part-time deputy Hill County attorney.

He also is well-known as a competitive wrestling referee.

In Montana, when a judge resigns from the bench, the state Judicial Nomination Commission, after announcing the position is open, accepts for 30 days applications for a replacement.

After interviewing the applicants, the commission takes comments for 30 days, then sends a list of three to five nominees to the governor, who has 30 days to appoint a replacement.