Katie Lane confirmed as newest Montana federal judge

The U.S. Senate confirmed President Donald Trump’s nominee for Montana’s federal bench along party lines. 

Katie Lane, 34, who served a brief stint in the Montana Attorney General’s office and most recently worked as a lawyer for the Republican National Committee, earned Tuesday 52 votes supporting her lifetime appointment as a federal district judge in Montana, replacing retiring federal judge Susan Watters.

Lane earned praise from Republicans but skepticism from Democrats and questions about her lack of experience from the American Bar Association — although the ABA said the experience she had was good.

Republican Montana U.S. Sen. Steve Daines gave a speech on the Senate floor urging his colleagues to support Lane’s nomination. 

“As Montanans know well, federal judges play a critical role in our daily lives. For many years, we have dealt with an activist judiciary that repeatedly rules against Montana’s interests.

“That’s why it’s essential we pick principled jurists who are committed to upholding the Constitution and making decisions based on the rule of law, not personal politics or viewpoints,” Daines said in his remarks. “With this in mind, Senator Sheehy and I are confident that Katie is the right choice to serve Montana as our next federal judge. Katie’s values are rooted in Montana and grounded in the Constitution.”

The two senators released a joint statement following the 52-46 vote, congratulating Lane on her new role. 

“Her experience as Deputy Solicitor General for Montana and in various courts across America makes her well-qualified to serve our state in this new capacity,” they said in a statement. “She will bring honor, decency, and integrity to the bench and we look forward to seeing all that she will do on behalf of the Treasure State.”

Lane is from Bozeman, graduated George Mason Law School in 2017, and completed two clerkships for federal judges. 

She served as Deputy Solicitor General in Montana for two years before joining the RNC as counsel. 

Criticism over her qualifications came from Democrats on the Senate Judiciary Committee, who expressed concern over her lack of trial experience in a courtroom. 

The nonpartisan American Bar Association, which evaluates federal judicial nominees, gave Lane a “not qualified” rating. From the Eisenhower administration through Trump’s first term in office, the ABA has rated just 40 out of roughly 3,000 judicial nominees as “not qualified.”

The ABA said that it recommends 12 years of professional experience, and that candidates for the federal bench should have significant trial experience.

Carl Tobias, a former University of Montana Law School professor, said the ABA evaluations are comprehensive, fair and come from highly experienced evaluators. 

“Experience builds and broadens crucial facets of being a great judge — wisdom, perspective, fairness, judgment, and mercy. The ABA committee members appreciate that experience ripens with time,” Tobais said. “… Experience is especially valuable in the Montana District that has only three active judgeships to address a substantial docket full of complex cases and deliver justice to an immense land base.”

Tobias told the Daily Montanan the state has been “blessed” with federal judges with long experience, including Sam E. Haddon, a George W. Bush appointee; and Obama appointees Dana Christensen, Donald Molloy, and Brian Morris. 

“The ABA evaluation did praise the experience which Lane had secured as a federal clerk and Deputy Solicitor General in Montana,” Tobias said. “However, the ABA wanted to see more.”

Lane’s nomination earned praise from Montana’s elected officials on Tuesday.

Gov. Greg Gianforte said he has “known Katie for years and she will do a great job on the bench.”

Attorney General Austin Knudsen, under whom Lane served as Deputy Solicitor General, said he “couldn’t be prouder,” in a post on social media. 

Lane’s chambers as district court judge will be in Billings.