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Billings Judges Adapt to Surging Caseloads
New judges and creative scheduling changes aim to keep pace with growing criminal and civil cases in Montana's busiest court district.
Mar. 26, 2026 at 5:01pm
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Yellowstone County's 13th Judicial District, Montana's busiest court system, has added two new judges to help manage its growing caseload. Newly appointed Judges Seth Cunningham and Ed Zink are taking creative measures like borrowing courtrooms, splitting civil and criminal cases, and carving out dedicated time for child abuse and neglect cases to try to keep up with the influx of new filings. Despite these efforts, the district is still understaffed according to a recent workload study.
Why it matters
The 13th Judicial District's struggle to keep pace with its caseload is emblematic of broader challenges facing Montana's court system. As criminal cases have steadily climbed over the past decade, the state's district courts have become increasingly overburdened, leading to delays in both criminal and civil proceedings. The creative solutions being tested in Billings could serve as a model for other overloaded courts across the state.
The details
Newly appointed Judges Seth Cunningham and Ed Zink have had to get creative to manage their caseloads in the 13th Judicial District. Cunningham borrows different courtrooms and packs his judge's robe in a tote bag, while Zink was surprised by 'the sheer pace and the never-ending inbound work' each judge faces. To better handle the heavy caseload, the district is now splitting judges into civil and criminal tracks, with the groups swapping assignments every three years. This is meant to avoid conflicts that arose when criminal cases bumped civil cases out of the schedule at the last minute. The district is also carving out dedicated days for child abuse and neglect cases to create a more predictable calendar for all involved.
- Cunningham and Zink took the bench in late December 2025.
- The most recent workload study was done in 2022.
- The Montana Legislature added two new judges in Yellowstone County in 2025, but did not add any for other counties.
The players
Seth Cunningham
A newly appointed District Court Judge in the 13th Judicial District, who previously practiced civil defense law at The Brown Law Firm in Billings.
Ed Zink
A newly appointed District Court Judge in the 13th Judicial District, who previously served as the chief of criminal litigation at the Yellowstone County Attorney's Office.
Greg Gianforte
The Governor of Montana who appointed Judges Cunningham and Zink to the 13th Judicial District.
The 13th Judicial District
Montana's busiest court district, covering Yellowstone County.
The Brown Law Firm
The law firm where Judge Cunningham previously practiced civil defense law.
What they’re saying
“It's non-wrinkle.”
— Seth Cunningham, District Court Judge
“I thought I came into this with my eyes pretty wide open. I was wrong.”
— Ed Zink, District Court Judge
What’s next
The two new judges in the 13th Judicial District will have to run for election this fall to retain their seats.
The takeaway
The creative solutions being tested in Billings, like splitting civil and criminal caseloads and carving out dedicated time for certain case types, could serve as a model for other overburdened courts across Montana as they grapple with steadily rising caseloads and limited resources.
