State Senator Alleges Colleague Discriminated Against Public, Bullied Fellow Lawmaker
Senator Dunwell says Chairman Usher harassed others; Usher denies allegations, says he keeps committee on track
By Keila Szpaller, Daily Montanan
Senator Mary Ann Dunwell, D-Helena, is alleging political and sex discrimination by Senator Barry Usher, R-Billings area, against members of the public and another Democratic legislator.
Dunwell is making the allegations with the Montana Human Rights Bureau, which enforces laws that prohibit discrimination as part of the Department of Labor and Industry.
Usher, who served as chairman of the Senate Judiciary Committee, said he does not believe the bureau has jurisdiction.
However, if it does, Usher said he expects to prevail — as he did in a similar case Dunwell filed during the 2025 session with the Legislative Services Division.
In a summary of initial allegations Dunwell submitted to the Human Rights Bureau, Dunwell argues Usher’s behavior constituted unlawful discrimination against members of the public who testified to the Senate Judiciary Committee, and against Senator Andrea Olsen, D-Missoula, who served as vice chairwoman of the committee.
“There were numerous instances of Senator Usher shutting down, belittling and verbally and emotionally abusing (members of the public and committee members) or silencing and refusing them questions, especially Minority Party Vice Chair of Judiciary Committee Andrea Olsen,” said the summary of allegations.
Olsen could not be reached for comment through voicemails left Wednesday and Thursday. The allegations also state she was treated unfairly after raising concern about the lack of public notice for a hearing.
Dunwell said the Human Rights Bureau initially accepted the case, and she is submitting additional material and may name more respondents.
Montana Human Rights Bureau Chief Tim Little could not be reached late Wednesday or Thursday about the status of the case.
In a description of its process, the Human Rights Bureau website said it will draft a formal complaint “if the facts indicate illegal discrimination may have occurred” following an intake interview.
The allegations Dunwell submitted to the agency and shared with the Daily Montanan cover incidents during the 2025 Montana Legislature when Usher led the powerful Senate Judiciary Committee.
The Senate Judiciary Committee reviews some of the most controversial bills of the session and often elicits emotional testimony.
The allegations include harassment, retaliation and discrimination based on political belief, sex, and gender identity by Usher “against others with less power than him.”
In an interview, Dunwell said members of the public have the right to share their opinions even if they run contrary to the political beliefs of the chairperson.
She also said she wants to set a standard for more respectful behavior at the Capitol in the future, and she believes women and people who are LGBTQ+ were especially abused.
“I’m going to come and go. He’s going to come and go,” Dunwell said of Usher. “At some point, we just need to say, ‘Stop,’ because we have devolved so much in our decorum and in our treatment of one another.”
The summary of allegations said at least 20 other members of the public and legislators relayed experiences of bullying and harassment by Usher but would not consent to have their names used for fear of retaliation.
In an interview, Usher said he doesn’t believe the Human Rights Bureau, part of the executive branch, has jurisdiction in the case because of the separation of powers. He also said he believes he has legislative immunity.
However, Usher said he treats everyone the same — “whether you’re a Democrat or a Republican or a male or a female.”
For example, Usher said in the past, he shut down Dunwell when he felt “she got out of control” at a hearing, but he also shut down Republican Representative Braxton Mitchell when he “went off the rails” as a bill sponsor.
As committee chairman, Usher said he enforces decorum. Some people at the podium aren’t familiar with the rules, and in those cases, he said he provides instruction to them to keep meetings on track.
“If we have decorum, then we can make it through our agenda,” Usher said.
Dunwell said an attorney advised her the case might butt up against a claim of legislative immunity. However, she said many people who were poorly treated by Usher during the session are quietly encouraging her to pursue the complaint.
An email from Dunwell to the Human Rights Bureau said political activist Evan Barrett will join her in alleging unfair treatment, and Barrett confirmed Thursday he believes Usher trampled on his right to participate and abused his power.
Barrett, a Butte Democrat, said when he tried to testify by video in a hearing against a bill to require judges to declare a political party, Usher cut off testimony. Barrett said he alerted Olsen that he — and later, he found out, a couple of others — still hadn’t testified.
Olsen alerted Usher, but the chairman refused to recognize him, Barrett said. Barrett said he later emailed Usher and informed him he was violating the state Constitution by suppressing the right to participate.
After “rattling his cage,” Usher finally relented and scheduled a time for Barrett and a couple of judges who had been left out to testify, Barrett said, but he said Usher then failed to allow Olsen to ask them questions, which is part of the process.
Barrett said he’s a “known commodity as a Democrat” in Montana, and he wonders if his political affiliation influenced Usher’s decision not to recognize him.
Usher said in general, people register in advance to testify, and if they aren’t on his list of registrants, he doesn’t call on them. He said he isn’t vetting lists for people’s political affiliations. He said in this case, a “software glitch” meant Barrett wasn’t on the list, but he testified at a later date.
In a narrative of the allegations, Dunwell outlined more than a dozen instances she said are just some examples of when Usher bullied or shut out the public, Olsen, and other committee members.
In one incident, Olsen tried to point out members of the public who had their hands raised to testify online. Usher said he did not see anyone, but Olsen said she saw at least two hands raised.
Usher said he’d been watching the computer for the last hour, and one person who had their hand raised wasn’t on the list of people who had signed up to testify, a prerequisite.
“I didn’t know if you wanted to do my job?” Usher says to Olsen.
“I’d be happy to, Mr. Chair,” Olsen replies.
“Well, actions have consequences,” Usher says.
In the allegations and phone interview, Dunwell said she had filed an earlier harassment and discrimination complaint against Usher during the 2025 session with the Legislative Services Division.
A Legislative Conduct Panel convened, directed an investigation be conducted, and confirmed the complaint was found to be unsubstantiated, according to a copy of the determination notice Dunwell shared.
It said Senator Laura Smith, D-Helena, also made “informal complaints” regarding the same allegations.
The determination was signed by two Republican leaders, Senate President Matt Regier and House Speaker Brandon Ler, and two Democrats, Senate Minority Leader Pat Flowers and House Minority Leader Katie Sullivan.
Asked if the outcome of the Legislative Conduct Panel could indicate Usher’s behavior steps up to a line but doesn’t cross into discrimination, Dunwell said she doesn’t have enough information to know; Dunwell said she requested a copy of the investigation, but she was denied the file based on privacy even though Usher is a public figure.
She said she believes Usher retaliated against her as well by ensuring her bills didn’t pass after she raised concerns with HR.
Usher said he wouldn’t ever ask anyone to take votes they don’t believe in.
He said HR interviewed the parties involved, and the matter, as he sees it, comes down to decorum. He said he and Olsen have a good relationship outside of the committee and talk frequently.
However, in committee, he said, he had to quiet Olsen at times because she would offer longwinded testimony when it was time for questions.
“It appears that sometimes she can’t help herself,” Usher said.
During the session, Olsen had emailed Usher and other committee members in an attempt to ensure legislators were respectful and welcoming to the public and did not “lecture them, argue with them, shame them.”
Sent in late March, the email is part of the packet of materials Dunwell provided to the Human Rights Bureau and shared with the Daily Montanan.
In it, Olsen acknowledged she needed to do a better job of asking “to-the-point” questions, but she said all committee members owe the public respect and decorum.
“I am writing to request that we all remember our obligation to the public, to welcome them to our committee, to allow them to participate, and to hear what they have to tell us about their concerns and perceived consequences of a bill,” Olsen said in her letter.
Olsen forwarded the email to Senate Minority Leader Pat Flowers, D-Belgrade, and told him she wished she’d had sent it in January when the session started. She said people were afraid to testify to the Senate Judiciary Committee.
“Without full public participation, we create bad law with blinders on,” Olsen said in the email.
If nothing else, sounds like Usher could simply start acting like a more decent human being.