Katherine Bidegaray

Non-Partisan | Montana

Candidate Profile

Activist

BIOGRAPHY

Name

Katherine Bidegaray


Party

Non-Partisan


Election Year

2024


Election

General


Race

Supreme Court Justice, Seat 3


Incumbent

No


Links

Katherine Bidegaray websites FacebookInstagram

EDUCATION

Candidate did not provide

WORK & MILITARY

Candidate did not provide

AFFILIATIONS

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POLITICAL OFFICES HELD

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POLITICAL OFFICES SOUGHT

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OTHER INFORMATION

Montana Free Press. Election 2024 guide: Montana's candidates for state and federal office.

  • “My legal philosophy centers on fairness, respect and impartiality. It is rooted in a firm commitment to the rule of law. I approach each case with an open mind, basing decisions on the facts and applicable legal principles presented, rather than on personal beliefs or external pressures. I adhere strictly to the 1972 Montana Constitution, the U.S. Constitution, and established legal precedents and statutes. My long-standing practice is to administer justice fairly, efficiently and without prejudice, promoting both community and economic stability. A good justice understands that the judiciary is a co-equal branch of government that primarily functions as an appellate court, reviewing district court cases on appeal and applications for writs and ensuring that court decisions are fair and constitutional. Additionally, a good justice recognizes the role of the judiciary in keeping the other two branches of government in check. A bad justice fails to grasp these fundamental principals."
  • "What do you regard as the stakes for who is elected to the Montana Supreme Court this election, both for everyday Montanans and for the Montana Constitution?"
    • "The stakes are high because our 1972 Montana Constitution and many of the unique rights it protects — privacy, education, and the preservation of Montana’s pristine landscapes — are facing significant threats. The Montana Supreme Court's decisions profoundly impact everyday Montanans every day, making it crucial to have justices with the integrity, fortitude, and commitment to uphold our Constitution, to protect and defend our Montana values and rights, and to keep the judiciary fair and impartial. With 38 years of combined legal and judicial experience, I am fully prepared to meet that commitment[,]" said Bidegaray.
  • "The Montana Supreme Court can maintain its independence by ensuring its justices remain impartial and nonpartisan, not swayed by political groups or partisan activities. It is essential for justices to avoid even the appearance of partisanship to maintain public trust and the integrity of our judicial system."

Bidegaray hosted an election event in which Judge Mike Wheat (D) was a guest speaker. (see attached photo)

"Speaking in support of Bidegaray, former Supreme Court Justice Mike Wheat warned voters of 'the forces that are going to try and prevent [Bidegaray] from being on the court.' Wheat further stated, 'The Legislature and the executive branch is owned by the right, and the only thing that stands in the way of some of the legislation that they’ve been trying to pass is an independent judiciary[.]'"

From the homepage of Katherine Bidegaray's campaign website:

  • “I am deeply motivated to continue to give back to the people of Montana, uphold our Constitutional rights, and serve as a Justice for ALL Montanans.”

“We need people on the Montana Supreme Court who are committed to the separation of powers that our Montana constitution requires, who understand the critical importance of an independent judiciary and who cherish the preservation of the rule of law.” [See Facebook post from December 23, 2023

“Bidegaray’s Main Goals As Montana Supreme Court Justice Are to Protect Montanan’s Rights. Public Lands and Provide Checks and Balances To The Executive and Legislative Branches of Government.” [See Facebook post from January 6, 2024]

“When asked about accusations of 'judicial activism,' Bidegaray told the Beacon that the ability for judges to strike down laws is a critical form of 'checks and balances.' It’s easy to call on them ‘left.’ It’s easy to call them ‘legislating from the bench,’” the judge said. “… If we were to make the judiciary partisan, we would no longer have the separation of powers … that would be autocracy.” 

Included under “Vision” section on Bidegaray's campaign website

  • "Currently, our legal system and the rights it protects – including privacy, education, and the conservation of Montana's untouched landscapes – are facing significant threats. My campaign represents a defense of these values and the integrity of Montana's judiciary. With more than 38 years in the legal and judicial fields, I am exceptionally equipped to defend the constitution and serve every Montanan."
  • "As your justice, I will be a leader, not a follower. Just as my family overcame adversity, I will stand resilient against challenges. I will not succumb to political pressures or special interests; my guidance will always be the steadfast principles of our constitution."

During an interview with Kalispell Democrats Judge Bidegaray said:

  • "'We’re living in times of unprecedented attacks on our judiciary, on our rights, particularly women’s rights, and on the rule of law,' Bidegaray told a crowd of about 30 attendees at Bias Brewing on Thursday. 'Now, more than ever, we need people at the Montana Supreme Court who have the backbone to stand up to these kinds of assaults.'"
  • “I try always to act with independence, impartiality, integrity, reasonableness, fairness, while developing a good, strong knowledge of the law and applying it,” Bidegaray said “I have consistently, in doing my job, set aside my own personal opinions and personal preferences.” 

Katherine Bidegaray, “Katherine Bidegaray: Don’t be a sheep” Missoulian (December 19, 2023)

The follow quotes are can be found: Herbaugh, Hunter. "Montana Supreme Court Candidate Focused on State Constitution." Ranger-Review, 22 Nov. 2023.

  • Bidegaray's campaign was describes as “'pro public lands, pro public education and pro constitution,' with a focus on the state’s constitution."  
  • "[I]n her remarks to voters , Bidegaray spoke of her background growing up in Eastern Montana, highlighting experiences she says have shaped how she would approach her work as a supreme court justice. Growing up the daughter of immigrants who came to farm in Eastern Montana, she said she is no stranger to hard work, and after working for 14 years in private practice and 21 years as a district court judge, she feels she has the intimate knowledge of the law needed to interpret those laws in accordance with the state’s constitution."
  • "In [Bidegaray's] remarks, she alluded to the actions of the state’s legislature in recent years, comparing them to an attack on a what should be a co-equal branch of government as lawmakers have reacted to decisions that the conservative majority has been notably critical of."
  • “Our constitution has some very important rights, and it’s very critical that whatever is happening in the different branches of government is consistent with the rights that document provides us,” Bidegaray said things our constitution clearly provides is we have to have separation of powers... Attacks on the judiciary have been an attack on democracy.”
  • “Because there has been an attack on one of our three branches on government, it’s really important that we choose people to the Supreme Court who have a strong backbone and who have a strong basis of understanding of the constitution and the laws that protect us. We need someone who is going to be prepared for doing the difficult task of upholding those rights and not just being a rubber stamp,” Bidegaray stated.

QUESTIONNAIRE

RIGHT TO LIFE

Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain.

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I support a right to accelerate ending a human life.

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Human life deserves legal protection from conception until natural death.

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RELIGIOUS LIBERTY

Religious liberty is at risk in the United States.

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VALUES

Briefly describe your spiritual beliefs and values.

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What is your view of parental rights regarding the upbringing of children, specifically education and sexual "identity"?

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I support "gender identity" as a specially protected class. Please explain.

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What do you believe to be true about the human condition?

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EQUALITY

I agree with Critical Race Theory (CRT).

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ABOUT YOU

What, if any, church or organizations do you belong to?

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I voted in these primaries and general elections:

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Have you ever been convicted of a felony? If so, please explain.

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

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

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JUDICIAL PHILOSOPHY

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

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Is there a separation of church and state in the Constitution? Please explain.

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Should courts address threats to religious liberty in the United States? If so, how?

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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain.

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Was Bostock v. Clayton County rightly decided under the law? Please explain.

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I agree that “the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” (Troxel v. Granville, 530 U.S. 57, 65-66 (2000); quoting Prince v. Massachusetts, 321 U.S. 158, 166 (1944).

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What should a judge do when legislative texts and court precedents dictate different results?

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When should a judge overturn past court decisions?

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When, if ever, should a judge take popular opinion or the social views of the majority into consideration?

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Do you believe the meaning of the Constitution changes over time, absent changes through the amendment process of Article V?

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What do you believe is the single most important quality a judge should possess?

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If you are an incumbent judge, describe a recent instance in which you acted to preserve your judicial independence. If you are an aspiring judge, how do you plan to remain independent if elected to the bench?

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2ND AMENDMENT

The right to bear arms is fundamental and must be protected.

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OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

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How should the court address public health and individual freedoms in the time of a public health emergency?

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