Vannatta took office two years later in 2019 as the state’s 49th district court judge, the youngest judge in the district, and the first openly gay judge to serve in the state, according to a Missoulian story. “Having a view on the political merit of legislation is not the same thing as having a view on its constitutionality,” Van Kley said. “That’s one perspective, but it’s not the only perspective,” Van Kley said. Because you can get a lawyer willing to say that in a lot of cases,” Van Kley said. “Nobody can hear the merits of the case until this (motion to disqualify) gets resolved,” Van Kley said.