Opinion - Justice and integrity on the line in the race for clerk of the Supreme Court

You may not have had occasion to know what the Clerk of the Montana Supreme does, or how important the office and this election are. The present Clerk is Bowen Greenwood, a Republican and former political director. His opponent, Erin Farris-Olsen, is an experienced attorney with an impeccable reputation for hard work, honesty and integrity. Based on the facts that follow, permit me to recommend, to every Montana voter, that you cast your vote for Erin Farris-Olsen.

The duties of the Clerk are administrative and ministerial. They include keeping the seal of the Court, maintaining its records and preparing transcripts of the Court’s proceedings. Critically important, it’s a judicial administrative role that is required by constitutional, legal and ethical considerations to be executed fairly and impartially without a hint of political partisanship.

Mr. Greenwood, acting in contravention of those mandates, has boasted that in cases pending before the Court he advises “conservative attorneys,” that he is involved in strategizing with litigants he favors based upon their shared political imperatives, that he fights “every day to advance conservative values” and that he helps defend “all the great legislation being signed by Governor Gianforte.”

Unfortunately that’s not all. Mr. Greenwood has also asserted that “In a Montana Supreme Court where extremist, progressive, ideologues rule the day, Republicans must preserve every advantage we can get.” As a result, during his tenure, he has been “right at the side of Department of Justice lawyers helping them prepare, which is why he’s “endorsed by Attorney General Austin Knudsen.”

Sadly, in the performance of his official duties Mr. Greenwood has ignored his constitutional responsibilities, exceeded his statuary duties, violated his oath of office and raised serious ethical concerns.

As Alexander Hamilton declared in reference to the separation of powers in our Constitutions, there can be no liberty if the “power of judging” is not clearly and completely separated from the legislative and executive functions. Performing vital functions within the judicial branch, Mr. Greenwood is bound to preserve the independence and impartiality of the judiciary. By his own words he has failed to do so.

Based upon the foregoing, it is demonstratively clear that Erin Farris-Olsen is the most qualified and worthy candidate to serve in the Clerk’s office. I unconditionally recommend to every Montana voter, in the strongest possible terms, that you cast your vote for Erin Farris-Olsen in the election for Clerk of the Montana Supreme Court this November.

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Marc Racicot is a forrmer Montana Attorney General and Governor.