One of the sleeper races in the 2008 election cycle is currently the Associate Supreme Court Justice seat currently held by Judge Particia Cotter. Typicall, Supreme Court races fly under the radar of most voters in Montana, but this cycle it looks like a real donnybrook could be brewing.

Cotter's vulnerability is her leftist record on the bench. She has consistently sided with liberal special interest groups well outside the bounds of mainstream Montana. For instance, of the six Montana Supreme Court cases where the ACLU filed an amicus brief during Cotter's tenure on the court, she agreed with the ACLU's position five times (see below for a list of cases referenced).

Her record with the Montana Trial Lawyers Association (MTLA) is even worse. Of the twenty MT SupCo cases that MTLA filed an amicus brief, Cotter supported their position 17 times. (see below for a list of cases referenced.)

Don't let Cotter's allegience to MTLA shock you too much. During her 2000 race, MTLA's PAC spent $102,543 in independnet expenditures to help get her elected - that's not the money she received from trial lawyers directly, that's just the money expended directly out of the MTLA PAC. Click here for an accounting of the MTLA PAC expenditures.

We don't have numbers on the legal fees that MTLA-member lawyers racked up for their role in these cases, but one has to imagine that the return on the $100,000 Cotter investment was well worth the effort. Expect them to be prepared to make a major investment in buying this seat in 2008 as well.

American Civil Liberties Union :

Highlands Golf Club v. Ashmore, 2002 MT 8 – Amicus brief from ACLU, Cotter signed favorable opinion

State v. Logan, 2002 MT 206 – Amicus brief from ACLU, Cotter signed favorable opinion

State v. Mount, 2003 MT 275 – Amicus brief from ACLU, Cotter signed unfavorable opinion

Wheat v. Brown , 2004 MT 33, ACLU supported Wheat, et. al., Cotter signed favorable opinion

Snetsinger v. Montana University System, 325 Mont. 148 – Amicus brief from ACLU, Cotter signed favorable opinion

Matter of T.L.S., 2006 MT 262 – Amicus brief from ACLU, Cotter signed favorable opinion

Montana Trial Lawyers Association:

Swanson v. Hartford Insurance , 2002 MT 81 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Kloss v. Edward D. Jones & Co ., 2002 MT 129 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Dorwart v. Caraway , 2002 MT 240 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Stavenjord v. Montana State Fund , 2003 MT 67 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Hardy v. Progressive Specialty Insurance , 2003 MT 85 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Trustees of Indiana University v. Buxbaum , 2003 MT 97 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Lane v. Montana Fourth Judicial District , 2003 MT 130 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Wild v. Fregein Construction , 2003 MT 115 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Shilhanek v. D-2 Trucking, Inc. , 2003 MT 122 - Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion that supported half of the amicus*

Christofferson v. City of Great Falls , 2003 MT 189 – Amicus brief from Montana Trial Lawyers, Cotter wrote unfavorable opinion*

Hiett v. Missoula County Public Schools , 2003 MT 213 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Dambrowski v. Champion Int’l Co rp., 2003 MT 233 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable dissent*

Graf v. Continental Western Ins. Co ., 2004 MT 105 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable opinion

Orr v. State, 2004 MT 354 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Reesor v. Montana State Fund , 2004 MT 370 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Dempsey v. Allstate Insurance Co ., 2004 MT 391 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Carter v. Mississippi Farm Bureau Cas. Ins. , 2005 MT 74 – Amicus brief from Montana Trial Lawyers, Cotter wrote unfavorable opinion*

Frontline v. American Economy, 2006 MT 344 – Amicus brief from Montana Trial Lawyers, Cotter wrote favorable opinion*

Seltzer v. Morton , 2007 MT 62 - Amicus brief from Montana Trial Lawyers, Cotter signed unfavorable opinion

Sunburst v. Texaco, 2007 MT 183 – Amicus brief from Montana Trial Lawyers, Cotter signed favorable dissenting opinion