Montana’s attorney general appeared before an oversight commission on Wednesday to face charges of professional misconduct.
Attorney General Austin Knudsen was asked about several statements he or attorneys in his office made about the Montana Supreme Court in 2021. The comments came during a court battle over legislative powers. The office used phrases like "ludicrous," "outside the bounds of rational thought," and "perverse" when describing actual or potential court actions.
Missoula attorney Tim Strauch laid out the charges and questioned Knudsen on behalf of the Office of Disciplinary Counsel.
“This letter was disrespectful to the Montana Supreme Court, wasn’t it,” Strauch asked.
“No,” Knudsen answered.
“This letter was intemperate, wasn’t it,” Strauch asked.
“No,” Knudsen replied.
“It was contemptuous, wasn’t it,” Strauch asked.
“Not in my opinion, no,” Knudsen said.
Strauch argued that Knudsen violated his oath as an attorney by undermining the integrity of Montana Supreme Court justices. He asked Knudsen why he disregarded an official court order and accused the justices of misconduct outside of an official complaint.
Knudsen said in hindsight, he wishes “cooler heads” had prevailed during the proceedings. He said he was zealously representing his client, the state Legislature, in an unprecedented case. Republican lawmakers argued the state’s high court overstepped in quashing a subpoena seeking judicial branch emails.
Knudsen said he stands by his work on the case.
“At the time, my client had a bona fide, genuine belief that that order was not valid. And that was what we were instructed, that's what my office was instructed, to press that position.”
Strauch and defense attorneys for Knudsen will continue questioning witnesses on Thursday and possibly Friday before the Commission on Practice makes a final ruling. The commission could take disciplinary action against Knudsen’s law license.
Knudsen is currently running for reelection to be the state’s top attorney.
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