A panel of Republican lawmakers met on Monday to discuss their concerns over what they’ve called “troubling judicial rulings.” Democratic legislators declined to participate.
The first meeting of the Special Committee on Judicial Oversight and Reform was largely informational. Lawmakers and presenters discussed the three branches of government and their checks and balances.
Republican Senate President Jason Ellsworth said the overview would inform committee members as they continue their work.
“When we swore to uphold the Constitution, that is what we swore to do and this is part of that process,” Ellsworth said.
Ellsworth formed the special committee in early April. In a statement at the time, he said Montana’s courts were “out of control.” GOP lawmakers cite recent state Supreme Court decisions focused on the powers of the Legislature and governor’s office as examples of what they view as overreach.
In a press conference after the committee meeting, Democratic House Minority Leader Kim Abbott called the committee an “attack on the judicial branch.”
“Democrats aren’t going to be part of an unconstitutional breach of separation of powers and we’re certainly not going to engage in going after an independent branch of government,” Abbott said.
The Legislature’s legal services director, Todd Everts, told the committee it has broad authority under state law to conduct investigations, so long as they serve a lawmaking purpose.
The committee did not set a next meeting date, but Ellsworth asked that it be held after the June 4 primary election.
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The first week of the 2025 Legislature gets off to a contentious start. Gov. Gianforte invites Elon Musk to Montana. Legislative leaders plan to revive efforts to change the judiciary. Newly sworn-in Senator Tim Sheehy is wasting no time making a splash. Retiring Congressman Matt Rosendale makes a quiet exit.
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On day two of the legislative session, Republican lawmakers called for an apology from the State Bar president for comments made by an attorney who spoke at a legal training put on by the organization. Republicans are prioritizing bills to regulate the judiciary amid ongoing tension between the branches of government.
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Montana Republicans will again make their criticism of the judiciary a central debate during the upcoming legislative session.
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Attorney General Austin Knudsen is appealing the recommended suspension of his law license. Meanwhile, a majority of state Supreme Court justices – who are charged with ruling on that recommendation – have recused themselves from the case.
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An oversight board of Montana attorneys has recommended that Attorney General Austin Knudsen be suspended from practicing law for 90 days. The decision came after Knudsen was charged with 41 counts of professional misconduct.