Friends of the Third Branch informs Montanans about legislative developments that impact their courts, their judges, and to protect Montana’s Constitutional system ensuring governmental checks and balances.
HISTORY
Friends of the Third Branch (Friends) was formed in 2023 by four retired Montana lawyers who observed numerous legislative bills proposing constitutional amendments that could significantly alter the operations of Montana’s courts and judicial processes. These four lawyers started providing their peers with accurate information about attacks on the court system and Montana’s Constitution during the legislative session.
The effort snowballed and volunteers began communicating with stakeholders about bills, committee hearings, and legislative floor debates related to the third branch. These efforts provided the public with the information they needed to engage in meaningful discussion about harmful bills and proposed constitutional amendments.
Today, the Friend’s work focuses on educating lawyers and the public about legislative activity that affects Montana’s courts, judges, and constitution.
THE PROBLEM AND SOLUTION
Problem
Many may not understand the political processes that produced the 1972 Constitution. Montana’s constitution provides numerous checks and balances to ensure freedoms Montanans enjoy. Sharing information about important issues has increasingly become more difficult as people, organizations, and media has grown divided.
Fewer traditional news outlets are following the Montana Legislature, Montana’s Courts and endeavoring to help the public stay informed. Thankfully, newer forms of journalism have stepped in to fill this gap, but many Montanans still don’t know these trustworthy sources exist. Additionally, it is often unclear which issues will get reported on and ultimately covered.
It’s harder and harder to find reliable information. Misinformation and lack of attention to important issues challenge thoughtful and meaningful discussions.
However, we know that resources are available and accurate information can be created and shared in ways that help Montanans participate in discussions and decision-making that matter to them. The Friends experienced rich dialogue when implementing educational and informational efforts in 2023 and 2024. We also experienced people engaging with systems of government because they became educated and informed.
The challenge to this type of engagement, however, is ensuring enough support to provide up-to-date information to those who need it. Challenges to the fairness and impartiality of Montana’s courts are ongoing. And the Montana Constitution as we know it is at the center of several legislative attacks.
While none of the proposed constitutional amendments during the 2023 legislature ultimately, they are slotted to hear 27 bills formulated by the Montana Senate’s Select Committee on Judicial Oversight and Reform during the 2025 session.
Solution
The Friends have retained talented and experienced individuals to augment their work to inform Montanans about these threats. The Friends have kept keenly aware of the interim work of the Montana Legislature and have been sending educational content and informational alerts during the 2024 interim session. Leading up to the 2025 legislative session, the Friends are seeking resources to provide up-to-date educational alerts and relevant information to Montanans who desire to have meaningful discussion about harmful bills and proposed constitutional amendments.
For the 2025 session, the Friends will track election reporting and legislators’ rhetoric, share news and sophisticated opinions with those who are followers through email, website updates, and social media.
This is what solutions look like.
The Friends of the Third Branch is committed to building meaningful collaborations and coalitions to help uphold the constitution of Montana and maintain the respect due to the courts of justice and judicial officers.
PARTNERS
Montana American Board of Trial Advocates
Northern Plains Resource Council
Montana League of Women Voters
Montana Justice Foundation
Tamzin G. Brown
Friends of the Montana Constitution
National Resources
LEADERSHIP
Betsy Brandborg
Betsy grew up in Darnestown, Maryland with most summers in Hamilton, Montana. Her family’s roots are in the Bitterroot. She graduated from American University in Washington, D.C., spent three years working for Senator Max Baucus in D.C., then attended law school at the University of Montana. Following a Montana Supreme Court clerkship, she worked in the Montana Attorney General’s Office, shifted to the Risk Management and Tort Division, and from there became the first General and Ethics Counsel at the State Bar of Montana, where she enjoyed 26 years of working with the state’s lawyers and judges.
Dennis Lopach
Dennis grew up in Great Falls and attended Catholic schools before enrolling at the University of Montana. There he studied history and political science and fretted extensively about his draft number (31). One of his favorite memories from those days is sitting in Prof. Jules Karlin’s constitutional history class the morning after Roe vs. Wade was announced. Following law school, Dennis worked for the Montana Public Service Commission and then a number of energy and telecommunications businesses in Helena, Denver, and Atlanta. Focusing on regulation and policy, Dennis held a variety of legal, regulatory, and management positions.
Mark Murphy
Born in Seattle, Mark Murphy attended Washington State University before graduating from the University of Montana School of Law in 1978. he served as an Assistant Attorney General from 1979 to 2003 and tried numerous complex criminal cases around the state. During his time with the Department of Justice, Mark worked on legislative issues involving the department’s budget, DUI, and domestic violence. He represented Montana in State v. Moore, the first time that DNA identification evidence was admitted in a criminal case. From 2003-2010, Mark served as the Chief Criminal Deputy in the Yellowstone County Attorney’s office. There, he supervised State v. Covington, in which the standards governing DNA evidence were more fully developed.
Larry Epstein
Larry grew up in North Cut Bank and is a fourth generation Montanan. He graduated from the University of Montana, served in the Navy in Vietnam, and practiced law on the Hi-Line, where he also served as Glacier County Attorney. Retiring from that job, he began lobbying for Montana law enforcement and county attorneys. Larry is an avid Lewis and Clark amateur scholar and lecturer, know for tours of the Lewis and Clark encounter site on the Two Medicine River on the Blackfeet Reservation in Montana. He has served on several history and conservation boards and actively participates in Montana politics and public service.