HELENA, Mont. (AP) — A state senator in Montana pleaded guilty Monday to a misdemeanor charge of obstructing a peace officer after a late-night traffic stop in May during which he threatened to call the attorney general and argued he couldn’t be arrested because he was on his way to legislative business.
Republican Sen. Jason Ellsworth of Hamilton, the Senate president pro tempore for the 2021 session, entered the plea during his initial appearance in Broadwater County Justice Court, the Montana State News Bureau reported.
Ellsworth will receive a one-year deferred sentence for the charge, meaning it will be wiped from his record if he remains law-abiding for the next year. He was also ordered to pay a $350 fine and an $85 surcharge.
Broadwater County Attorney Cory Swanson said Monday he had agreed to dismiss two other charges following the traffic stop — reckless driving and speeding.
Swanson told the Montana State News Bureau after the hearing that the plea agreement was similar to what he would have offered any other defendant in his district.
“I don’t want to treat anyone any better or anyone any worse because of their position,” he said.
Ellsworth was stopped May 23 at about 10:20 p.m. while traveling to Helena. According to charging documents, a trooper recorded Ellsworth driving 88 mph (142 kph) in a 55 mph zone (88 kph).
After stopping the car, the trooper was printing out a warning when she saw Ellsworth get out of his car, court records said.
He had pulled up the state Constitution on his phone to show the officer where it states that members of the Legislature cannot be arrested while attending a legislative session or traveling to or returning from one, unless they are committing a felony “or a breach of peace,” the complaint said.
The session had concluded the month prior. Ellsworth attended a Legislative Council meeting at the state Capitol the morning after his traffic stop.
The trooper asked Ellsworth six times to go back to his car, during an exchange in which he said: “If you want me to call the attorney general ...” and the trooper replied, “Go ahead and call him. Back to your car now.”
Attorney General Austin Knudsen, who oversees the Department of Justice, which includes the highway patrol, called Ellsworth's actions “inappropriate.”
During Monday’s court appearance, Ellsworth did not mention invoking the attorney general or legislative privilege, but offered an apology to the trooper for getting out of his car, saying it was "completely inappropriate.”
