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Access Montana Public Radio “Legislature vs. Courts” content
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Montana Public Radio compiles news articles detailing the ongoing tensions between Montana’s legislative and judicial branches. These articles cover topics such as legislative efforts to increase oversight of the judiciary, proposals to make judicial elections partisan, and judicial responses cautioning against legislative overreach. This collection provides insights into the evolving dynamics and debates surrounding the balance of power within Montana’s state government. Access MTPR “Legislature vs. Courts” here>>
‘Buckle Up’: In Montana, Republican Lawmakers Target the Judiciary
By David W. Chen
March 24, 2025
Republicans in Montana and other states complain that liberal judges are tossing out the laws they pass. Now, conservative legislators are trying to change the rules, and the judges.
[…]
“After today, our message to the judiciary is simply this: Buckle up,” Senator Matt Regier, the incoming Senate President, and Representative Brandon Ler, the incoming House Speaker, announced in December.
Now they have come up with a remedy, as the Montana Legislature is weighing an avalanche of bills to reshape the judiciary and influence who gets to sit on the courts. Continue Reading>
Legislative Committee supports yet another version of partisan judicial elections
By: Micah Drew
March 28, 2025
Bruce Spencer, a lobbyist representing the State Bar of Montana, did not need to elaborate on his organization’s position on a bill before the House Judiciary Committee on Friday — he’s said it all before.
“I’m trying to think of something new to say,” Spencer told the committee. “I’ve got to be honest, I don’t have much.”
Spencer was testifying for at least the seventh time against a bill that seeks to make Montana’s judiciary more aligned with partisan politics. Another bill in the same vein was introduced earlier this week. Continue Reading>
Is the appetite for the GOP’s changes to the courts fleeting at the Montana Legislature?
By: Seaborn Larson
March 26, 2025
Nearing the 60-day mark of the 90-day obstacle course that is the 2025 Legislature, Republicans’ “judicial reform” agenda seems to be fleeting.
As of this week, just one Republican-backed bill under the caucus’ banner of court reform has fully passed the Legislature and been signed into law by Republican Gov. Greg Gianforte. Eleven of the 27 proposals are dead or being reworked under different titles. Continue Reading>
Bill to protect constitutional officers who are lawyers from discipline sparks debate
By: Keila Szpaller
March 25, 2025
A quick back-and-forth between Sen. Barry Usher and Rep. Tom France addressed the elephant in the room with a bill that would prohibit disciplinary proceedings against constitutional officers who are lawyers, albeit with exceptions.
In 2023, Attorney General Austin Knudsen was accused of 41 counts of professional misconduct — charges his lawyer has argued should be dismissed.
The case and any discipline are pending with the Montana Supreme Court, but this session, Sen. Usher, R-Billings, sponsored Senate Bill 49 to protect constitutional officers who are attorneys from discipline while in office. Continue Reading>
Citizen grand jury bill fails on House floor
By: Jordan Hansen
March 26, 2025
HELENA —Bill would have allowed public to petition for a citizen-led grand jury, which would have been its own judge. Continue Reading >
Claims court endorsed by Montana Senate
By: Micah Drew
March 7, 2025
The three-judge court, appointed by the governor, would take on constitutional claims and asbestos suits to streamline district court dockets; detractors say it’s another attempt to wrest control over the judicial branch. Continue Reading>
As 2025 Montana Legislature hits halfway point, party leaders point to priorities
By: Jordan Hansen and Keila Szpaller
March 7, 2025
As the 2025 Montana Legislature hit its midway point, leaders from both parties spoke on their achievements from the first 48 days and their priorities going into the second half of the session.
Republicans touted bills they have pushed to change the judiciary — a major priority for the party — but Democrats said they’d killed a number of those bills and were prepared to continue.
“For far too long, Montana’s judiciary has overstepped its bounds, blocking the will of the people and legislating from the bench,” said Speaker of the House Brandon Ler, R-Savage. “House Republicans are fighting back.” Continue Reading>
House and Senate make opposite decisions on partisan judiciary bills
By: Micah Drew
March 2, 2025
SB 42, requiring judges to declare a party, advanced on party lines while HB 295, giving judicial candidates the option to list party affiliation, failed in the House.
Leaders in Montana’s Republican Party have made it clear that when the Legislature disbands at the end of the 69th session, the plan is to assign the judicial branch in the state shades of red and blue.
Speaker of the House Brandon Ler, R-Savage, and Senate President Matt Regier, R-Kalispell, outlined the party’s plans for judicial reform early on in the session while Republican Gov. Greg Gianforte told lawmakers during his State of the State address that he wanted a bill on his desk that “empowers Montana voters to know a judicial candidate’s political party.”
But among the 150 lawmakers holding forth in the Capitol, the appetite for injecting additional politics into the court system appears to be mixed. Continue Reading>
New state Supreme Court chief justice tells Legislature to not make judicial elections partisan
By: Holly Michels
February 14, 2025
Helena – Newly minted state Supreme Court Chief Justice Cory Swanson had a blunt message for Montana legislators near the end of remarks delivered to a joint session of the Montana House and Senate Monday: Let the judicial branch do its job.
“We welcome legislation that addresses and resolves policy problems in the judiciary,” Swanson said near the end of his remarks. “But I urge you to reject legislation that will undermine the effective functioning of the judiciary, not because judges don’t like it, but because it will ultimately harm Montana citizens.”. Continue Reading >
Substitute judges selected to decide discipline measures for Montana attorney general
By: Tom Lutey
February 14, 2025
Helena –
Disciplinary proceedings against Montana Attorney General Austin Knudsen could be wrapping up, now that judges have been empaneled to decide the outcome.
The Montana Supreme Court on Friday selected five district court judges to decide what discipline Knudsen, a Republican, will face for 41 findings of professional conduct violations stemming from a period in 2021 when the AG refused to comply with a Supreme Court order and disparaged justices. Continue Reading >
Phony flier takes aim at State Bar of Montana
By: Darrell Ehrlick and Micah Drew
February 14, 2025
HELENA —Members of the State Bar of Montana appear to have received a flier from a fictitious organization claiming the Bar is attacking the Legislature, and letting members know they are eligible for a refund. Continue Reading >
Ellsworth pushed business associate Eggleston for second role with state government
By: Keila Szpaller
February 11, 2025
HELENA — Before Sen. Jason Ellsworth faced allegations of misconduct for signing a $170,000 state contract with his business associate, Bryce Eggleston, the senator from Hamilton pitched Eggleston as a potential candidate for a state communications job.
The communications job never existed. Continue Reading >
Commentary:
Ellsworth turns from former persecutor to latest Democratic martyr
By: Darrell Ehrlick
February 12, 2025
HELENA —Liberals in the Montana Senate sure have a funny way of rewarding the guy who tormented them and blocked their legislative plans for years.
Besides sympathizing with a man who has seemed to frustrate them for years, the Senate Dems’ moves backing former Senate Majority Leader Jason Ellsworth, R-Hamilton, suggest they’ve decided to jump head-first with him in a mud bath of dirty politicking. Continue Reading >
Montana Senate in ‘chaos’ over vote to refer ethics investigation to DOJ
By: Keila Szpaller and Micah Drew
February 6, 2025
HELENA — In a lengthy fight on the Senate floor Thursday, Republicans accused Democrats of playing politics and ushering in a “dark day” for Montana after a successful move by Minority Leader Sen. Pat Flowers to suspend an ethics investigation into Sen. Jason Ellsworth and refer it to the Department of Justice.
Nine Republicans joined Democrats to support the motion, leading to the outcry. Continue Reading >
Montana judicial reform bills working their way through 69th Legislature
By: Seaborn Larson
February 3, 2025
HELENA — Competing visions for one of the GOP’s top priorities have started moving through the Montana Legislature with plenty of support, as Republicans have vowed for months to turn judicial elections into partisan affairs.
Tagging judicial candidates with party labels is a critical component of Republicans’ efforts to reshape the courts this session. Continue Reading >
Declining decorum in Senate Judicial
January 30, 2025
The chair and vice chair of the Montana Legislature’s Senate Judiciary Committee had an agreement.
Sen. Andrea Olsen, a Missoula Democrat and attorney by trade, would pass a note to Sen. Barry Usher, the sometimes-gruff Republican chairman from Molt, whenever Olsen saw something during the course of a committee hearing Continue Reading >
Disciplinary counsel says Montana Attorney General should face punishment for 41 violations
By: Darrell Ehrlick
JANUARY 30, 2025
HELENA — Documents say Knudsen refused court orders, failed to supervise employees, and undercut the justice system as state’s top attorney Continue Reading >
Senate launches ethics probe into Ellsworth’s actions
By: Micah Drew
January 27, 2025
HELENA — The Montana Senate on Monday voted unanimously to open an ethics investigation into the actions of Sen. Jason Ellsworth — with him in support — when he signed a $170,100 contract with a business associate late last year.
On Friday, a report from the Legislative Audit Division concluded that Ellsworth, R-Hamilton, abused his position of power Continue Reading >
Audit report finds Ellsworth committed waste, abuse
By: Micah Drew and Keila Szpaller
January 24, 2025
HELENA — Former Montana Senate President Jason Ellsworth abused his position of power in a contract he signed with a former associate and rushed the process to finalize it, resulting in a waste of state resources, according to a report by the Legislative Audit Division released Friday.
According to the report, the Department of Administration recognized a problem with a… Continue Reading >
Montana judicial reform bills working their way through 69th Legislature
By: Jonathon Ambarian
January 23, 2025
HELENA — On Thursday, the Montana House and Senate voted on seven Republican-sponsored bills that would make changes to the state’s judicial branch and legal system. Six of them are moving forward, while the last fell just short of a majority. Continue Reading >
Manzella v. Marbury
January 17, 2025
Montana Republicans are pushing multiple bills this legislative session to limit the courts’ power, particularly aiming to challenge judicial review as outlined in Marbury v. Madison. They seek to give the legislature the final say on Montana Supreme Court rulings, responding to recent rulings that have overturned GOP-backed laws.
Bill to make Montana judicial elections partisan gets first hearing
By: Denali Sagner
January 16, 2025
Senate Bill 42 would require candidates for Supreme Court, district court and justice of the peace to run with a party label Continue Reading >
Flathead Republicans figure prominently as GOP aims to curb judicial power
By: Denali Sagner
January 15, 2025
A bill that would allow political parties to make contributions to judicial candidates — carried by Marion Republican Rep. Tom Millett — passed the House on Tuesday. It’s one of many GOP-backed bills designed to rein in the power of the state’s courts. Continue Reading >
Suite of judicial reform bills being heard at Montana Legislature
By: Jonathon Ambarian
January 16, 2025
Suite of judicial reform bills being heard at Montana Legislature Republican leaders in the Montana Legislature have made overhauling the state’s judiciary a major priority for the 2025 session. Continue Reading >
Suite of judicial reform bills being heard at Montana Legislature
By: Jonathon Ambarian
January 16, 2025
Suite of judicial reform bills being heard at Montana Legislature Republican leaders in the Montana Legislature have made overhauling the state’s judiciary a major priority for the 2025 session. Continue Reading >
Montana Republicans launch into debate of 27 judicial reform bills
By: Tom Lutey
January 14, 2025
Republican lawmakers spent nine months of 2024 working on bills to reshape the judiciary. Democrats say the problem is GOP legislators passing unconstitutional laws.. Continue Reading >
Montana State Bar’s attendance requested during first week of Legislature
By: Sen. John Fuller
January 3, 2025
We write to object to the Montana State Bar’s implicit endorsement of partisan attacks on the Republican Party and elected Republican officials. Continue Reading >
Republican lawmakers release their proposed changes to the judiciary
By: Shaylee Ragar
December 5, 2024
A special committee of lawmakers that’s looked into the judicial branch over the last two years has concluded its work. They’re advancing 27 proposals to the state Legislature for consideration. Continue Reading >
Judicial oversight committee asks for 27 bills; Dems and Racicot call them attacks on judiciary
By: Blair Miller
December 5, 2024
Committee’s final work includes bill aiming to outline separation of powers in statute. Continue Reading >
Montana GOP lawmakers propose 27 bills for judicial branch reform
By: Jonathon Ambarian
December 4, 2024
After months of hearings, Republicans on a state legislative committee have come out with their final list of proposed bills, intended as a response to conflicts over the proper role of the judicial branch. Continue Reading >
Republicans’ judicial oversight committee to subpoena witnesses, require oaths
By: Blair Miller
August 21, 2024
Senate Republicans on the Select Committee on Judicial Oversight and Reform voted Tuesday to require witnesses to testify under the threat of perjury and to subpoena any elected officials and their subordinates they wish to call, saying they want to ensure testimony is factual and that people they want to testify show up without delay. Continue Reading >
Republicans’ judicial oversight committee to send justices letter on appointing judges
By: Blair Miller
July 31, 2024
The Republican-led Senate Select Committee on Judicial Oversight and Reform voted Monday to send a letter to Montana’s Supreme Court justices, a district court judge and several other court employees asking about how the chief justice decides to appoint retired judges. Continue Reading >
Montana GOP committee questions judge in tense hearing
July 19, 2024
Questioning often turned sharp on Monday as a Republican-led committee aimed at curbing what lawmakers claim to be judicial overreach got their first stab at a sitting district court judge. Continue Reading >
Judges on Trial
By: Tom Lutey
July 18, 2024
State Senate Republicans empaneled to “rein in” the courts got their first chance to question a district judge on Monday. It did not go smoothly. Continue Reading >
Legislature v. judiciary
May 3, 2024
Senate Select Committee on Judicial Oversight and Reform takes a lesson in the separation of powers. Continue Reading >
Opinion
Montana Constitution Delegates Speak Up
By: Friends of the Montana Constitution
March 25, 2025
On behalf of six living 1972 Montana Constitutional Convention Delegates, Mae Nan Ellingson, retired attorney and youngest of the the 100 delegates, announced that the six living delegates had united to stand in opposition to efforts in the legislature to turn Montana’s judges into partisan office holders. Continue Reading>>
Have They No Decency At All?
By: Former Governor Marc Racicot
March 11, 2025
To paraphrase Alexander Hamilton, “only the people can decide, by their conduct and example, whether societies of men and women are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.”
After almost two centuries of tyranny and failed governmental structures, our ancestors, desperate for liberty and self-determination, designed a system of constitutional government that has endured for 237 years. Each state thereafter replicated that accomplishment, including Montana, first in 1889, and then again in 1972, thereby affirmatively answering Hamilton’s question. Continue Reading>>
Will the Supreme Court Preserve the Rule of Law? Chief Justice Roberts May Have the Answer
By: Michael Dell
February 13, 2025
Less than a month after President Donald Trump took office, numerous federal judges have issued orders temporarily blocking and restraining parts of his agenda. From Trump’s executive order attempting to eliminate the constitutional right of children of undocumented immigrants to birthright citizenship to Elon Musk’s so-called “Department of Government Efficiency” attempting to supersede Congress, these judges have acted to preserve the rule of law. Continue Reading >
A democracy is a dynamic institution with dynamic tensions
By: Former Governor Marc Racicot
February 13, 2025
Remarks provided during an event supporting Montana’s Constitution
Don’t Politicize Our Courts
By: Craig McClure
January 29, 2025
Legislature will reform Montana courts
By: Nancy Maxon and Nancy Leifer of Montana League of Women Voters – Missoula
January 23, 2025
Legislature will reform Montana courts
By: Senator Tom McGillvray
January 23, 2025
National News
Roberts rejects Trump’s call for impeaching judge who ruled against his deportation plans
By: CHRIS MEGERIAN, LINDSAY WHITEHURST and MARK SHERMAN
March 18, 2025
WASHINGTON (AP) — In an extraordinary display of conflict between the executive and judiciary branches, Chief Justice John Roberts rejected calls for impeaching judges Tuesday, shortly after President Donald Trump demanded the removal of one who ruled against his deportation plans.. Continue Reading >
The Most Expensive Judicial Election Ever
By: Michael Waldman
March 25, 2025
The race for a seat on the Wisconsin Supreme Court shows the need for reforms to protect judicial independence. Continue Reading >
Sotomayor says presidents have largely followed rule of law, offers words of caution
February 11, 2025
U.S. Supreme Court Justice Sonia Sotomayor said presidents have historically obeyed judicial rulings with a few exceptions as she advocated for the court to move cautiously to maintain a system of checks and balances, but without directly referencing President Donald Trump’s efforts to test the limits of the executive power. Continue Reading >
Legislative Assaults on State Courts in 2023
By: Michael Milov-Cordoba, Douglas Keith, and Alicia Bannon
January 9, 2024
Last November, days after Ohio voters enshrined the right to abortion in the state’s constitution, a group of state legislators said they would not let courts enforce the new provision. Continue Reading >