Former Montana lawmaker in line for interim district court judge in Lake, Sanders counties

Polson lawyer John Mercer said he wants to serve as district court judge for Lake and Sanders counties out of a sense of duty.

“I feel I am best suited to provide an orderly and efficient transition between the resignation of a long serving judge and the newly elected judge for the benefit of the 20th judicial district,” Mercer wrote in an application for the temporary appointment.

Mercer has worked out of the same law office in Polson for 42 years, currently Turnage, Mercer & Wall, according to his application. He served eight terms as a Republican lawmaker with the Montana House of Representatives from 1984 to 2000, and two appointments with the Board of Regents, from 2001 to 2006.

Public comment on Mercer’s application is open through 5 p.m. Thursday, May 9.

Gov. Greg Gianforte solicited applicants to the position following the resignation of Judge Deborah Kim Christopher. Christopher, facing numerous allegations of unethical performance including a judicial misconduct complaint, resigned April 5 after nearly 24 years on the bench.

However, her name still will appear on the primary ballot; the Montana Secretary of State’s Office said Christopher tried to withdraw but did not do so before the deadline for the primary.

Defense and civil attorney Britt Cotter of Polson is the only other name on the ballot for district court judge in Lake and Sanders counties.

In Mercer’s application to serve in the interim role until the elected judge takes the helm next year, Mercer said his appointment will help with the transition.

“It’s best if the newly elected judge has time to wrap up his practice and time to properly campaign for the office, connecting and respecting the voters,” Mercer wrote. “I believe my career in public service demonstrates a proven ability to get work done.

“I believe I can clear up existing backlogs that will benefit current litigants and the new judge.”

Mercer said he personally would look forward to the experience of serving as a judge as well.

“Because of the fixed and limited duration of this appointment, it provides me with the unique opportunity to serve in one of the most important public offices in Montana,” he wrote. “An experience I know will be educational and personally satisfying, as I love to accomplish things.”

The timeline from the Governor’s Office said Gianforte will make the appointment by June 8.