Flathead County Justice of the Peace David M. Ortley's essentially apolitical nature might make him the model applicant for a soon-to-be vacant spot on the Montana Supreme Court.

But that characteristic could also be the reason some consider him a long-shot for the job.

"I really believe that this position, any position in the judiciary, is supposed to be free of the entanglement that comes with the political process and partisan politics," Ortley said.

One of 11 Montana attorneys seeking appointment to the state's highest court, Ortley was appointed to the county's Justice Court in 1999 and has been elected three times since.

"I'm ready to move to the next level... I'm not planning on retiring anytime soon, but I'm committed to being a judge," said Ortley, a Kalispell resident since 1989.

Despite having no ties, financial or otherwise, to a political party or special interest group, Ortley - a self-described idealist who believes in the system - said he doesn't consider himself a long-shot.

"I'm transparent. I have no hidden agendas," he said. "People know what I stand for and know what my work ethic is."

A spot on the Montana Supreme Court will open when Justice John Warner's resignation becomes effective on Dec. 31.

Warner, who is resigning to spend more time with his family, announced three years ago that he had a type of cancer that targets the immune system but was at that time able to return to work.

When Warner resigns, so will the court's only justice with experience as a trial judge.

"It's, I think, just a very important perspective that with the departure of Justice Warner will be missing," said Ortley, whose court of limited jurisdiction has, depending on the year, the third busiest caseload in the state. "That's a tremendous experience to bring to that level."

The Montana Judicial Nomination Commission will pare the list of applicants down to between three and five before submitting them to Democratic Gov. Brian Schweitzer, who will make the appointment.

The eventual nominee is expected to take office in January and must run for election next year in order serve out the remainder of Warner's term, which expires in 2014. Warner was appointed to the seat in 2003 by former Gov. Judy Martz.

One of the questions on the nomination commission's application appears to touch on judicial activism, asking the applicant to state his opinion on the balance between precedence and flexibility in the law.

"Establishing, and following, precedent provides the framework which governs social conduct and allows our society to advance in an orderly fashion," Ortley wrote. "It also provides the background upon which the legislative branch may rely when planning for organized growth, advancement, and needed change. The doctrine should not, however, became obstacle to needed advancement in the law. As a society changes the court must be willing to examine the factors and intent upon which prior decisions were based."

While a Justice of the Peace, Ortley - whose court deals with misdemeanor crimes, traffic offenses, and small civil cases - has become an advocate of greater access for the self-represented litigant.

"That's my passion," Ortley said. "And it will never happen unless change comes from the top."

The system, originally modeled around the participation of attorneys educated in the law and procedure, is changing.

"People now have at their fingertips much more information that will allow them to come to the courthouse and expect service, and our rules of procedure don't represent that self-represented litigant," Ortley said. "It's very important because the court system belongs to the people. It isn't the judges' system and it isn't the lawyers' system."

The number of self-represented litigants in Flathead County has exploded in recent years - requiring the courts to adapt to meet their needs.

"There has to be stability for the rule of law, but that doesn't mean there can't be change, institutional change," Ortley said. "At the same time the courts have to be responsive to the needs of the people... It's something that's very different, but it is essential and it is sweeping the country."

Should he not be considered for the Supreme Court vacancy, Ortley said he intends to run in the November 2010 general election for a fourth Flathead County District Court judge.

The fourth position was created as part of a bill passed this year by the state Legislature.

"As I sit here now after being in Justice Court for 11 years, I can say it has been my intention that I would put my time in here then seek a position in District Court always with the eventual intention of seeking a place on the Supreme Court," Ortley said.

In 1980, Ortley received a bachelor's degree in law enforcement from Mankato State University in Minnesota. His law degree was awarded in 1983 by Hamline University, also located in Minnesota.

Before becoming a judge, he worked in law enforcement and as both a prosecutor and defense attorney.

"My vast range of life experience, coupled with my broad legal experience, has allowed me to serve as a trial court judge in an effective manner," Ortley wrote in his application.

The Judicial Nomination Commission is accepting public comment on the applicants - which include attorneys from Helena, Missoula, Arlee, Butte, Clinton, Dillon and Bozeman - until Nov. 18.

Comments can be submitted to any member of the Judicial Nomination Commission and will be forwarded to Schweitzer. To submit a comment, go to http://courts.mt.gov/supreme/boards/jud_nomination/applicants.mcpx.

The Associated Press contributed to this story.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com