State solicitor Brian Morris also held a commanding lead over his opponent, Missoula District Judge Ed McLean, in the Montana Supreme Court's other contested race.
With 57 percent of Montana's 875 precincts reporting at press time, Younkin led Nelson by 54 percent to 46 percent. Morris was beating McLean by 54 percent to 46 percent, according to the Associated Press. No winner in either race had been declared as of press time with almost 40 percent of the precincts yet to be tallied.
Nelson said winning the primary was never his goal. His eyes are on the only election that counts: the general.
The primary election for Montana Supreme Court is something of a tease: because no Supreme Court race is against more than two candidates, all five - even Tuesday's losers - will advance to the November election. Still, the results shed light on a race that is traditionally reserved and more difficult to predict than the more heated races for governor and other state-wide offices.
Five candidates are vying for spots on the state's top court. Incumbent Nelson, 60, squared off against Younkin, 45, a Republican leader in the state's House of Representatives and a Bozeman lawyer. Morris toed up against McLean, and Justice John Warner, 61, is running unopposed to keep the seat to which he was appointed last spring.
The contest between Nelson and Younkin has so far proven the most lively. Younkin has accused the current court of being "activist" for overturning its own rulings too often and "legislating from the bench." Nelson has countered that the court owes each case that comes before it a careful study and judicious resolution - a process that sometimes entails overturning previous court decisions. He also said Younkin's attacks misrepresent the court.
Younkin is also facing a malpractice suit now before the Montana Supreme Court for giving bad legal advice to the town of Clyde Park in a water rights case. Younkin has called the case "politically-motivated," while town officials, who brought the suit, said bum advice, not politics, is at the root of the complaint.
Nelson, originally from Idaho, was a lawyer in Cut Bank for 20 years practicing all kinds of law. He also served as the Democratic Glacier County attorney for 14 years. He was appointed to the top court in 1993 by Gov. Marc Racicot and has twice won re-election.
Younkin, a former Peace Corps volunteer and now a Bozeman attorney, has served in the Montana House since 1999. She has been a lawyer in Bozeman for 14 years.
The race between Morris and McLean has been much quieter.
Morris said he would try to speed up court's business and said he has a vested interest in seeing justice in Montana carried out wisely because he and his wife have three boys all under the age of 6. Morris has been the state's solicitor since 2001. Morris has twice represented the interests of U.S. citizens and two different international tribunals. He was a lawyer in Bozeman before going to work for the state.
Morris said he was "very happy" with the results and looked forward to "another win in November."
McLean stressed his apolitical approach to the law in the campaign and said the top court needs more former district court judges among its ranks. McLean is a longtime Missoula district judge and former deputy Missoula county attorney.
McLean said Tuesday's results show he needs to step up his campaign efforts.
"We expected it to be a close race," he said, "but I was hoping it would be the other way around."
Warner, running unopposed in what might be the most quiet race on the entire Montana ballot, has said he only wants to keep doing what he's doing: deciding disputes.
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