Dan Wilson

Judge Dan Wilson is running for election for judge of the Montana Supreme Court, Seat 3. He is running against Katherin M. Bidegaray and Jerry O'Neil.

Background:

• Judge Wilson is married to wife, Tia.

Related Employment:

• Judge Wilson is a judge of the Montana 11th Judicial District Court. He was elected in 2010. 
• Prior Wilson worked in private practice

Association and Support:

• Five Montana Judges endorse Wilson campaign.
  • “We find that he possesses the experience and background, judicial demeanor and work ethic, and a singular devotion to the Constitution and rule of law to make him a stalwart member of our Supreme Court.” (See: Russell C. Fagg, et al., “Guest view: Judges endorse Dan Wilson for Montana Supreme Court” Missoulian (January 11, 2024) https://missoulian.com/opinion/column/guest-view-judges-endorse-dan-wilson-for-montana-supreme-court/article_eb17cae8-af31-11ee-baa6-5ffb2adf3ea9.html) 
• An article in support of Wilson described him as follows: 
• “He’s not a politician; he’s a judge. Someone who was born to fix things. Someone who’s not afraid to make the hard decision none of us want to. For more than t12 years he has stood in the line of fire as a Flathead County District Court Judge, heard hundreds of cases, seen things we only read about in the papers. Anyone remember when he opposed Gov. Steve Bullock’s mask mandate and the state’s request to shut down five local businesses?”  
• The article further stated, “He ruled for the businesses, against the Governor, while most of us could only complain. He wants to be a Montana Supreme Court Judge because he believes in the rule of law, in common sense, and equality for all. Love him or not, he’s no chameleon. He says what he means. He stands on principle with both feet planted firmly on the ground. When he says he can be unbiased, fair, non-partisan, I believe him. His careful choice of words, his measured reasoning, the thoughtful look on his face tell you he’s sincere.” (see: James E. Trevino, “Support Wilson for Supreme Court” Flathead Beacon (January 13, 2024) https://flatheadbeacon.com/2024/01/13/support-wilson-for-supreme-court/)

Judicial Philosophy:

• Wilson said he is dedicated "to the Constitution and the rule of law to uphold justice." 
• “The one thing that I’ve noticed about common sense during my lifetime, and I would bet almost anything that you’ve noticed it too, is that is doesn’t seem to be quite as common as it used to be,” said Wilson. “Wilson continued: ‘It means, not only a particular approach to a problem, but it also means a person who approaches a problem steeped in Montana’s values, its traditions, its deeply held beliefs, but also with the notion that there is a solution to every problem and it must be based on principles and law, and for judges, the Constitution, which in any event, is a power and authority that’s higher than any of us, or all of us put together.’” (see: Denali Sagner “Supreme Court Candidate Dan Wilson Tells Voters He is Devoted ‘to the Game’” Flathead Beacon (November 20, 2023)https://flatheadbeacon.com/2023/11/20/montana-supreme-court-campaign-dan-wilson/)
• Interpretating the law:
  • "Wilson said he wants to stress an approach to cases that’s based on the plain language of the law."
  • When interpreting the law Wilson, "starts with a reading of the plain text of the state Constitution or statute in question, he said. Then he applies common sense." Wilson said,“... A commonsense approach to the law is that when you read the law or the opinion of the court it is not proper for a judge to go looking for a meaning they would rather find[.]"
  • “Wilson said it is ‘a very dangerous road to follow’ to ‘borrow doctrines or jurisprudence from particular parts of the Constitution and graph them onto others where perhaps the issue is silent.’” (see: Denali Sagner “Supreme Court Candidate Dan Wilson Tells Voters He is Devoted ‘to the Game’” Flathead Beacon (November 20, 2023) https://flatheadbeacon.com/2023/11/20/montana-supreme-court-campaign-dan-wilson/) 
• Separation of Powers:
  •  “It’s important to me that the judiciary remain not only independent, but that it remain mindful that neither it nor the other branches of government should try to do the work of the others,” Wilson said.
  • Wilson said "... For me, an independent judge and an independent judiciary means that we don’t refuse to talk to people, we don’t refuse to listen to people from all parts of the political spectrum, but when we are elected, when we are deciding cases, no one from a political party or even someone who says they represent the broad swath of independent voters can call us up and demand a particular ruling or result[.]"
  • When asked if the Supreme Court should be allowed to hear challenges to, and strike down, recently passed legislation that it deems unconstitutional, Wilson affirmed the court’s right to judicial review, yet said that the court should be responsible for following the law, rather than creating it." Wilson stated, “The Supreme Court may only declare a legislative enactment to be unconstitutional if it is shown to be beyond a reasonable doubt that the legislation is in conflict with the constitution itself. That... is a very tall order[.]" (see: Denali Sagner “Supreme Court Candidate Dan Wilson Tells Voters He is Devoted ‘to the Game’” Flathead Beacon (November 20, 2023) https://flatheadbeacon.com/2023/11/20/montana-supreme-court-campaign-dan-wilson/)Controversial Issues:
• Abortion:
  
  • Wilson stated, "For an issue like abortion access, the public debate in Helena and elsewhere has orbited around interpretation of the state Constitution. Following the overturning of Roe v. Wade by the U.S. Supreme Court last year, Republican Gov. Greg Gianforte urged the Montana Supreme Court to revisit the 1999 Armstrong v. State decision, which applied the state’s right to privacy to medical care. The most recent state Legislature, meanwhile, passed a slew of bills aimed at restricting abortion in Montana, which has set off another round of legal challenges in the court system." "Wilson believes the matter is straightforward." “The abortion issue has been decided by our Supreme Court, first in the Armstrong case, recently affirmed, and Armstrong is precedent[.]”