Lawmakers are considering new regulations for the state’s judicial branch. Tensions have been rising between Republican lawmakers and the judiciary since last legislative session when legislators launched an investigation into the branch.
The Montana Senate advanced a bill mostly along party lines Tuesday, which would require judges to consider additional criteria before issuing preliminary injunctions and temporary restraining orders.
Republican Sen. Steve Fitzpatrick of Great Falls says the bill will require a case to meet four criteria, instead of one, before a judge can issue a block.
“So, this is a more substantive evaluation of the case,” Fitzpatrick says.
The bill would also bar judges from issuing temporary restraining orders against state entities without prior notice, except in emergency circumstances.
When the bill was presented in committee, Brent Mead, with the Attorney General’s office, said the agency requested the bill after a district court judge blocked signature gathering for a ballot initiative last summer after the state was sued for allowing it. The state was not notified in advance.
Democratic Sen. Jen Gross of Billings spoke in opposition, saying it could lead to unintended consequences. She also noted state judges have recently blocked some Republican legislation.
“This bill looks a lot to me like a reaction to the number of unconstitutional laws that were passed by this body last session,” Gross says.
Lawmakers heard another bill in committee Tuesday that would change the appointment process for the state’s five-member Judicial Standards Commission, which accepts and considers complaints against judicial officers.
Republican Rep. Kerri Seekins-Crowe is carrying House Bill 326 to give appointing power of two of the commission members to the state Legislature’s Speaker of the House, and one member to the Attorney General’s office.
As it stands now, two members are district court judges elected by their peers and another member is appointed by the Montana Supreme Court. The bill would not amend the power of the governor to appoint two members to the commission.
Seekins-Crowe says she introduced the bill because the commission has dismissed most of the complaints filed over the last two years.
“I’m hearing from a lot of my constituents that they are very concerned at this point that it is the fox guarding the hen house,” Seekins-Crowe says.
No proponents testified.
Sean Slanger with the State Bar of Montana spoke in opposition, saying it removes all input from the judicial branch in creating oversight of its own members.
“Under HB 326, complaints against nonpartisan judges would be resolved by partisan appointees, thereby jeopardizing the independence of the court," Slanger says.
Republican lawmakers have previously made allegations of bias and misconduct against members of the state Supreme Court and other judges. The judiciary has vehemently denied those accusations.
The committee has not yet taken action on the bill.
-
Ellis JuhlinSixteen young Montanan’s made headlines when they sued the state – and won – for failing to act on climate change. Republican state lawmakers lambasted the decision. They fast tracked a suite of bills during the 2025 legislative session to limit the ruling's impacts. -
Shaylee RagarGov. Greg Gianforte Thursday signed into law a package of bills aimed at changing the state’s bedrock environmental policy. Lawmakers were eager to modify the policy following a landmark climate ruling in December. -
nathaphat/Getty Images/iStockphotoA fourth attempt to make judicial elections partisan has failed in the Montana Legislature. GOP lawmakers and Gov. Greg Gianforte put partisan judicial elections at the top of their priority list in an effort to further regulate the third branch. -
The 69th Legislature has less than a month left. Today, we're talking money. This is The Session, a look at the policy and politics inside the statehouse. This week, MTPR's Shaylee Ragar is joined by Eric Dietrich from the Montana Free Press. -
It's week 13 for the 69th Legislature. Proposals to regulate the judiciary are seeing limited success. And a public utility is seeking legislative protection during wildfire season. This is The Session, a look at the policy and politics inside the Montana statehouse.
-
Shaylee RagarAttorney General Austin Knudsen asked the Montana Supreme Court Friday to dismiss any punishment for violating rules of conduct. The charges stem from strong language the attorney general used to rebuke the high court in a 2021 case.
