The Montana Department of Justice opened an investigation into a Hamilton senator Wednesday. The Division of Criminal Investigation will gather facts to determine whether Republican Sen. Jason Ellsworth is guilty of criminal misconduct. Public officials found guilty of the charge can face up to a $500 fine and up to six months in county jail.
Lee Newspapers first reported that Ellsworth made a last-minute deal to give a business associate a $170,000 contract in December, skipping the standard bid process. The state’s legislative auditor called that deal an abuse of power and a waste of government resources.
The Montana Senate voted unanimously to conduct its own ethics investigation into Ellsworth. Democrats and a handful of Republicans said the proceedings got in the way of policymaking, and voted to refer the inquiry to Attorney General Austin Knudsen. Other Republicans protested, arguing ethics violations fall within the legislative branch’s jurisdiction.
In a letter to Senate President Matt Regier, Knudsen largely agreed with that argument. He cited state law that says lawmakers are responsible for enforcing their own code of ethics. However, the department must investigate criminal accusations referred by the legislative auditor.
It’s unclear if the Senate will move forward an investigation into alleged non-criminal violations of legislators’ ethical code.
Ellsworth previously welcomed the ethics investigation, saying it would vindicate his actions.
