Passing legislation to regulate the judiciary is a top priority for Republicans this session. Party members often argue the courts overreach their authority when it comes to bills passed by lawmakers. Gov. Greg Gianforte called House Bill 409 “landmark” reform.
The law comes in response to the Montana Supreme Court adopting a “sliding scale” approach when determining whether to grant a preliminary injunction or temporary restraining order in a case. The high court is following a standard set by a federal appeals court.
The bill will require judges to adhere to a more rigid methodology.
Democrats opposed the bill, saying it interferes with the judicial branch’s ability to check and balance the Legislature.
Lawmakers are considering several other bills to regulate the judicial branch. Gianforte signed another bill earlier this month to allow political parties to financially contribute to judicial candidates.
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A fourth attempt to make judicial elections partisan has failed in the Montana Legislature. GOP lawmakers and Gov. Greg Gianforte put partisan judicial elections at the top of their priority list in an effort to further regulate the third branch.
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The 69th Legislature has less than a month left. Today, we're talking money. This is The Session, a look at the policy and politics inside the statehouse. This week, MTPR's Shaylee Ragar is joined by Eric Dietrich from the Montana Free Press.
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It's week 13 for the 69th Legislature. Proposals to regulate the judiciary are seeing limited success. And a public utility is seeking legislative protection during wildfire season. This is The Session, a look at the policy and politics inside the Montana statehouse.
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Attorney General Austin Knudsen asked the Montana Supreme Court Friday to dismiss any punishment for violating rules of conduct. The charges stem from strong language the attorney general used to rebuke the high court in a 2021 case.
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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.