Mike Black #5

MIKE BLACK

CURRENT OCCUPATION: Attorney in Private Practice CAMPAIGN WEBSITE: www.blackformontana.com

Arrow-Circle-Right Briefly introduce yourself. I have deep Montana roots, growing up in a Havre railroad and homesteader family. As a boy, I sold items door-to-door, like pumpkins from the garden, to make money. I worked through school in jobs such as dishwasher, fry cook, farmhand, and janitor.

I attended public schools, graduated with high honors from the University of Montana, then graduated from Cornell Law School. I turned down a career on Wall Street and returned home.

I have represented people from all walks of life in cases all the way to the U.S. Supreme Court. I argued cases at the Montana Supreme Court and the Ninth Circuit Court of Appeals many times. I worked for Attorneys General of both parties, fighting to enforce Montana law and fighting dark money in our elections. I later joined Montana Legal Services, working to increase access to justice for our less fortunate. I now focus on breach of fiduciary duty claims.

In my spare time, I travel Montana, enjoy our public lands, and spend time with family. Arrow-Circle-Right What issue(s) inspired your run for this office? Commitment to Montana, first and foremost. I decided to run when Justice McKinnon said she would retire and move back to the East Coast. I will serve a full eight-year term if elected. Provided my health allows, I will run again to serve eight more years.

Second, Montana has given much to me and my family. I want to give back on the Court by upholding the Constitution, holding fast to settled law, and protecting access to justice so people of Montana and their businesses can thrive.

Third, I offer experience different from other Justices. I have worked on complex civil cases for over 30 years. I fought dark money in our elections. I want to use my background to help shape consistent and fair decisions that let us all know where we stand.

Finally, I hope to leave Montana a better place for our children—and their children. I am committed to public service, hard work, and rigorous legal analysis. I respect others and can build consensus. I will work for Montana as long as I am able.

Arrow-Circle-Right Explain how the Court should

reach the appropriate balance between following precedent and allowing for flexibility in the law.

Overturning precedent should be rare. Ignoring it must be avoided. Law at times must change, but flexibility cannot be arbitrary.

Absent special circumstances, like cases should be treated alike. Following precedent helps keep the scale of justice even and steady. It allows for stability so that we may conduct our affairs and business in an orderly manner, by giving us the ability to know how the law will likely treat our conduct. Respect for precedent promotes consistent development of law, encourages reliance on courts and helps us believe the law is fair.

Yet, the rule of precedent is not cast in stone. Precedent should not be discarded simply because the case was not decided correctly, but should be overruled only if the case is difficult to understand or enforce, later factual or legal developments undermine its reasoning, and reliance on the case is not so great that overturning it is unfair.

Any departure from precedent must be principled and spelled out. Always.

Arrow-Circle-Right To what extent do you believe

that a judge should or should not defer to the actions of the

legislature? A judge should always defer to actions of the legislature when the legislature acts within its power. Legislators weigh public policy and pass laws. That’s why they’re elected. Where legislative action is expressed in a statute, a judge should apply the terms of an unambiguous statute as it is written, unless the statute is challenged as being unconstitutional and the judge decides the statute is unconstitutional. If a statute is ambiguous because the language is susceptible to more than one reasonable interpretation, the judge should try to determine the intent of the legislature, respect any such intent, and apply the statute in harmony with other statutes so all statutes are given effect. A judge must discern applicable law, apply it to facts, and resolve disputes. Period. A judge must never act on personal or political bias, favoritism, or whim. A judge must always uphold the U.S. and Montana Constitutions, and enforce constitutional statutes. That’s why judges are elected. stop