Montana Republican lawmakers want to strengthen their checks over the state’s other two branches of government.
Three bills moving through the state Legislature would give lawmakers broader authority to oversee both the judicial and executive branches. All are nearing the finish line.
Republican Rep. Terry Falk from Kalispell presented Senate Bill 278 on the House floor. It would give the Senate president, the speaker of the House or the chief bill sponsor a voice in lawsuits challenging new laws.
“When a party intervenes, they have the power of any other party in the lawsuit to do things such as file motions, make arguments before court, engage in discovery process and file appeals,” Falk said.
Before passing along party lines, the bill was amended to say that the House and Senate minority leaders do not get the same standing. Republican Rep. Bill Mercer of Billings proposed that change, saying the Legislature shouldn’t argue conflicting stances in court.
Democrats voted against the bill, saying it is unnecessary. Rep. Jonathan Windy Boy is a Democrat from Box Elder.
“We need to stay out of business of the courts and let them do their thing and just get on with business here and pass good legislation,” Windy Boy said.
Another bill would give lawmakers the power to subpoena any witness they want to appear before a legislative committee. The legislation attempts to give lawmakers the power denied to them by the Montana Supreme Court in 2021 when the Legislature ordered the judicial branch to overturn emails between justices.
Democrats opposed the bill saying it goes too far.
A third proposal could give the Legislature more power over the executive branch, saying the Legislature has standing to sue executive agencies, like the state health department or department of revenue, if they fail to carry out a legislative mandate.
