Pres. Trump's pick for Montana federal judge faces questions over trial experience

BOZEMAN, Mont. — A federal judge opening in Montana moved into the Senate review process as President Trump nominated Bozeman attorney Katie Lane to fill the seat Judge Susan Watters is preparing to leave. 

The Senate Judiciary Committee considered nominations for the U.S. District of Montana, and Lane testified last week about her background and legal work. 

"I have worked on over 50 cases; I filed over 100 motions and federal and state courts at every level. And I currently manage a litigation docket of over 100 cases. I'm very grateful for the wealth of experience that I've had," Lane said. 

Lane grew up in Bozeman and graduated from George Mason University’s Antonin Scalia Law School in 2017. After that, she clerked for a U.S. district judge and a Tenth Circuit Court judge. 

She later returned to Montana and worked as deputy solicitor general under Attorney General Austin Knudsen. Most recently, she served as legal counsel for the Republican National Committee. 

Sen. Steve Daines backed Lane during the Senate hearing. 

"Katie's values are rooted in Montana and grounded in the Constitution. I'm confident she'll be fair minded, principled and bring honor, decency and integrity to the bench," Daines said.

Some activist groups, including Alliance for Justice, opposed the nomination. The group argued Lane did not have enough experience to serve as a federal judge and pointed to her limited trial work in nine years. 

The American Bar Association recommends a minimum of 12 years of legal work for federal judge nominations. 

"It does call into question if someone only has nine years of legal experience and not that much trial experience, you know, why was she selected to preside over a federal courtroom?" said Christine Chen Zimmer, federal research and policy director for the Alliance for Justice. 

In the committee testimony, when questioned by Sen. Chris Coons (D-Delaware), Lane said she has conducted one cross-examination in federal court and conducted one deposition. 

Sen. Adam Schiff (D-California) asked Lane if she had ever tried a case to a verdict with a jury. Lane said she has worked on a bench trial and was involved with other trials as a law clerk. 

Lane addressed concern during her testimony and said she would bring the same dedication from her earlier work to the federal judge role. 

"I've argued in federal and state trial courts. I've gone to trial. I've argued appeals. I've handled numerous other appeals. And in many of those cases, these involved complicated, administrative law issues, constitutional law issues. And they were often moving on a very fast timeline," Lane said. 

Further hearings had not been scheduled. Lane would need a vote from the Judiciary Committee and then a Senate floor vote to be confirmed.