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Montana politics, elections and legislative news

State judicial oversight committee to issue subpoenas to elected officials

Montana State Senator Jason Ellsworth
Montana Legislative Services
Montana State Senator Jason Ellsworth

Republicans on a special legislative committee adopted two unusual rules Tuesday. They will require people who testify to sign an oath to tell the truth.

A sign-in sheet for those wanting to testify before the committee will now include an oath stating they’ll tell “nothing but the truth.” The committee will also start ordering elected officials to appear before it with subpoenas. Such rules aren’t used by any other legislative committee.

Senate President Jason Ellsworth from Hamilton chairs the select committee on judicial oversight. He says a few reluctant witnesses have waylaid the group’s work.

“It is not our standard practice. But neither is a special select committee. So we assembled this committee to get to facts,” Ellsworth said.

Ellsworth created it amid Republican allegations that the courts are biased against conservative legislation. Democratic lawmakers appointed to the committee refuse to go to the meetings, calling it an undue “attack on the judiciary.” Democrats didn’t vote on its new rules.

A few Republicans pushed back against requiring the oath. They said not everyone agrees on what’s true. Ellsworth said he doesn’t intend to entrap people who believe what they’re saying.

Republican Sen. Wendy McKamey of Great Falls.

“How do we know that they’re telling the truth? And second question, what are the ramifications of if we discover they haven’t told the truth? What then?” McKamey said.

Ellsworth says the county could prosecute those witnesses for perjury. The committee’s staff attorney called it unchartered territory.

Three Republicans voted against the oath proposal

No Republican member opposed using subpoenas to compel elected officials to appear before them. They say they have little time to gather information before the next Legislature convenes in January.

Shaylee covers state government and politics for Montana Public Radio. Please share tips, questions and concerns at 406-539-1677 or shaylee.ragar@mso.umt.edu.  
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