James Brown

Non-Partisan | Montana

Candidate Profile

Originalist (Conditional)

BIOGRAPHY

Name

James Brown


Party

Non-Partisan


Election Year

2022


Election

Primary


Race

Supreme Court, Seat 2


Incumbent

No


Links

James Brown websites

EDUCATION

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WORK & MILITARY

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AFFILIATIONS

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POLITICAL OFFICES HELD

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POLITICAL OFFICES SOUGHT

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Race

ENDORSEMENTS

CONSERVATIVE (1)

Montanans for Limited Government

SELECTED FINANCIAL SOURCE DOCUMENTS

To search the candidate’s state campaign finance reports, please click "source".

OTHER INFORMATION

James "Jim" Brown has served as the President of the Montana Public Service Commission since 2020. He also owns his own law firm, the James Brown Law Office, and previously clerked for Montana Supreme Court Chief Justice Gerry Alexander.


From His Campaign Website:

  • "Preserve the Rule of Law. Follow the Constitution. Protect Our Way of Life"
    • "I’m running to preserve our rule of law, follow the Constitution, bring accountability back to the judicial branch, and to protect our Montana way of life."
  • "As a member of the Montana Supreme Court, I will work to bring consistency to the Court, to avoid the appearance of conflicts of interest, to avoid legislating from the bench, and to be an impartial judge. As I have strived to do every day of my legal career, should I be elected to serve, I will protect and defend the freedoms, liberties, and livelihoods of every Montanan. At a time when confidence in the judiciary is being shaken, I will work to restore faith in the rule of law."

Info From Other Sources:

  • He told the Billing's Gazette, "My entire career has been spent representing agriculture, agricultural producers and small businesses, and fighting for the constitutional rights of Montanans...The Supreme Court position is one of the most important positions in Montana because the determination of individual rights and the range of constitutional protections and also because an orderly court system is important to resolve disputes between parties, and I think my background on the Public Service Commission for the last 14 months shows that I'm in a uniquely qualified position to strengthen the Montana Supreme Court."
  • In an interview with Montana Talks, Brown said, "The last two years, both nationally and in Montana, have shown how important the court system is to protecting liberty and freedom, and frankly there was no pro liberty candidate running for State Supreme Court this year. And so I jumped in. There's nothing more foundational to a free society and the well being of our state citizens than the rule of law. And we've seen, as you pointed out, a lot of instances in the last two years where courts have not followed the rule of law... As someone who's practiced law in Montana for almost two decades, the Montana Supreme Court is notorious for having a reputation of adjudicating from the bench, legislating from the bench, and not adhering to precedent. I think one of the best measures for where our court is- the Montana Chamber of Commerce did a judicial review and there was only one of the seven justices that even scored a B on their judicial scorecard for protecting businesses in Montana, and that says a lot about how the court has ruled in the last two decades."
  • "Brown became well known in state political circles for representing American Tradition Partnership, a conservative political group found to have violated campaign finance laws in 2013." Link. The case reached the U.S. Supreme Court, where the Court held in favor of American Tradition based on Citizens United.

QUESTIONNAIRE

VALUES

I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.

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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.

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Briefly describe your spiritual beliefs and values.

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What types of pro bono work have you done?

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ABOUT YOU

Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.

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What education or experience qualifies you to hold the office for which you seek election?

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Why should the voters choose you?

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I voted in these primaries and general elections:

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JUDICIAL PHILOSOPHY

Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.

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What is the proper use of legislative history in interpreting statutory law?

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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

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How should a court address the balance between public health and individual freedoms in the time of a pandemic?

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In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?

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What role (if any) does a judge have in maintaining the separation of church and state?

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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.

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When should a judge overturn past court decisions?

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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?

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What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?

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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?

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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?

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