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.
Knudsen’s defense counsel argued the Attorney General wasn’t given due process during his disciplinary hearing, and that the charges infringe on the separation of powers.
The Office of Disciplinary Counsel, part of the regulatory system for attorneys, laid out charges of professional misconduct against Knudsen at an October hearing.
The Commission on Practice, another cog in the regulatory system, found Knudsen guilty of the charges and recommended he lose his law license for 90 days.
The Montana Supreme Court gets the final say on the punishment.
Solicitor General Christian Corrigan, Knudsen’s attorney, argued the case presents a separation of powers issue because Knudsen was representing the Legislature in its dispute with the Court. Corrigan also said he didn’t get a fair shake in his disciplinary hearing.
“It denied the attorney general a chance to offer evidence proving his statements were objectively reasonable and it ruled on two opposed motions before he was able to respond to them in writing,” Corrigan said.
Special Counsel Tim Strauch denied any prejudicial treatment of Knudsen. He said the proceedings were fair and showed that Knudsen undermined the integrity of the court.
“The issue is protecting the public’s perception of the Court,” Strauch said.
Chief Justice Cory Swanson said he understands Strauch’s argument, but isn’t sure Knudsen got a fair hearing.
“I mean, this thing is a mess from start to finish,” Swanson said.
Most of the state’s Supreme Court justices recused themselves from hearing the case as they were party to the original dispute. Newly-elected Justices Swanson and Katherine Bidegaray remained on the panel and district court judges filled in the other seats.
The court is now deliberating how or if Knudsen should be punished.
-
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. -
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. -
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.
-
Montana’s governor signed a bill Tuesday dictating how judges may determine whether to block laws that are challenged in court.
-
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.
