BILLINGS — Last Thursday, President Donald Trump announced that a state lawmaker from Billings, William "Bill" Mercer, would be appointed to the federal bench in western Montana. On Friday, a representative for U.S. Sen. Steve Daines confirmed that Mercer will replace Judge Dana L. Christensen, a Missoula-based judge nominated by former President Barack Obama in 2011.
Mercer declined an interview with MTN, but his colleagues in the Montana Legislature say they're excited about the nomination.
Learn more about the transition of a U.S. District Judge below:
Mercer doesn't have prior experience as a judge. From 1994 to 2001, Mercer served as a U.S. attorney for Montana. Mercer was elected to the Montana Legislature in 2019, serving three terms as a Republican.
"I was excited that Bill was nominated for this position," said Montana House Speaker Brandon Ler, R-Savage.
According to Ler, he and Mercer have worked together for five years. On a phone interview with MTN, Ler described Mercer as detail-oriented and thorough in his decision-making.
"He takes everything into account when he's pursuing legislation. He leaves no stone unturned... He meticulously goes through every aspect of it, and makes sure that things are done, and done right," Ler said Thursday.
Ler's support for President Trump's nomination was shared with former House Speaker Matt Regier, R-Kalispell.
"My expectations, and Montana's expectations, and America's expectations is that we finally get justice," Regier said on a virtual interview Friday. "He's over-qualified to be in the Legislature, and definitely just a talented guy all the way around."
Regier has worked on the legislature with Mercer since 2019. Regier described Mercer as the "perfect" candidate for a U.S. district judge.
"I don't think I've ever been in a room where Bill wasn't the most intelligent guy in the room. So, he is extremely smart. He is extremely thorough," said Regier.
Now that Mercer has been nominated, the process to confirm his nomination begins, according to MSU-Billings political science professor Paul Pope.
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Pope said that the process to confirm a U.S. district judge could take several weeks or a couple months, depending on the urgency.
In late June, U.S. District Judge Susan Watters, who was also nominated by Obama in 2013, announced her retirement. Trump now has the authority to choose her replacement, as well.
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According to Pope, two things must happen to confirm a U.S. district judge. First, the candidate must have a background check completed by the FBI. Second, the U.S. Senate must approve of the candidate.
"If the senators from that state support the nomination, regardless of party, they're almost guaranteed to be seated," said Pope on Friday. "This was an important aspect. It's called the senatorial courtesy."
Montana U.S. Sens. Tim Sheehy and Steve Daines, both Republicans, have stated they support Trump's nomination.
In a statement, Sheehy and Daines write, "We congratulate William Mercer on his nomination to serve as District Judge for Montana... We will work diligently with Senate leadership and our colleagues to confirm Bill’s nomination."
According to Pope, U.S. district judges are Article III judges, which means they serve life sentences and aren't bound by term limits. He said a lot of the time, former U.S. district judges tend to make their way up the federal judicial ladder, eventually becoming a judge on the U.S. Court of Appeals, and eventually the U.S. Supreme Court.
"An Article III judge with a lifetime appointment could actually impact court decisions for 30 or 40 years, potentially, depending on how they were when they got in," he said.
Pope said that historically, presidents tend to choose candidates who align with their political beliefs. Pope said that although Mercer leans more conservative, he does not seem to make politically radical decisions.
"Trump is almost certainly going to appoint a conservative-leaning judge... (Mercer) fits the bill pretty well of a pretty level-headed individual that has plenty of legal experience. He might not be a judge, but he has plenty of legal experience... He's someone that could serve Montana well," Pope said.
