Bill That Would Exempt Attorney General from Current Disciplinary Action Passed in Senate
By Denise Rivette
Despite strong opposition from Senate Democrats, Senate Bill 49 passed in the Montana Senate 26-24, with all but six Republicans voting Yes and all Democrats voting No. In a press release, Senate Democrats reported that they had voiced their concerns over the bill, emphasizing that true accountability should apply equally to all public officials, including senators and members of the executive branch.
“As an attorney and public servant, I believe I should not be exempt from the same level of professional accountability that all public officials are held to when serving the people.”
~Senator Shane Morigeau~
It would add the following to the Montana Code Annotated:
Section 1. Restrictions on disciplinary proceedings.
Except as provided in subsection (3), a judicial officer may not initiate or conduct any professional disciplinary proceedings or take any disciplinary measures against an attorney who serves as a constitutional officer as defined in 2-6-1002 or as a member of the legislature for actions taken by the attorney during the attorney's term of public office that could deter, retaliate against, or prevent the lawful exercise of the attorney’s constitutional rights or would otherwise impede the faithful execution of office.
A judicial officer is barred from conducting proceedings described in subsection (1) after the attorney leaves office if the basis for the proceeding arises while the attorney is in office.
A judge or justice of the peace may take disciplinary measures against an attorney identified in subsection (1) for courtroom behavior that disrupts a judicial proceeding.
If professional disciplinary proceedings are initiated against an attorney serving as a constitutional officer or member of the legislature, that individual may file a motion to dismiss or a motion to quash under this section.
For the purposes of this section, "judicial officer" means a judge, a justice of the peace, a supreme court justice, any court of law, the office of disciplinary counsel, and the commission on practice.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 3, chapter 1, part 6, and the provisions of Title 3, chapter 1, part 6, apply to [section 1].
Section 3. Effective date. This act is effective on passage and approval.
Section 4. Retroactive applicability. This act applies retroactively, within the meaning of 1-2-109, to any disciplinary proceedings occurring on or after January 1, 2024.
The provisions of this bill appear to enshrine into law Montana Attorney General Austin Knudsen’s claims reported by the Daily Montanan that he shouldn’t be subject to discipline because of his political position and because it violates the separation of powers between branches of government. Knudsen’s claims were made in response to 41 charges of ethics violation brought by the Commission on Practice, the regulatory body that ensures that lawyers in Montana practice ethically and professionally.
Senator Shane Morigeau, one of four attorneys in the Senate Democratic Caucus, stated, “As an attorney and public servant, I believe I should not be exempt from the same level of professional accountability that all public officials are held to when serving the people.”
The Democrats claim their opposition to Senate Bill 49 underscores their continued commitment to ensuring that all senators are held to the same ethical standards.
So much for the Republican Party being the law-and-order party.