Attorney General Austin Knudsen applauds Gov. Greg Gianforte during his State of the State address at the state Capitol in Helena on Jan. 13, 2025. Credit: John Stember / MTFP

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. 

The Commission on Practice last October recommended that Knudsen receive a 90-day suspension from practicing law for his behavior and that of his subordinates. At the time of the offenses, Knudsen was representing the Legislature’s Republican majority in a battle with the judiciary over lawmakers’ subpoena power. The commission concluded Knudsen undermined the public’s trust in the legal system.

But it is the Supreme Court, not the commission convened in October, who will decide whether punishment is warranted.

The outcome has been delayed several months to give Knudsen time to respond to the commission’s recommended punishment. The timeline was also extended when all members of the 2024 state Supreme Court recused themselves from hearing the case.

Two new justices who joined the court in January, Chief Justice Cory Swanson and Katherine Bidegaray, will hear the Knudsen matter, along with five substitute district court justices: Jessica T. Fehr and Rod Souza, of Yellowstone County; Luke Berger, of Madison County; Gregory Bonilla, of Glacier County; and Paul Sullivan of Flathead County.

Bonilla was appointed to the Ninth Judicial District by Republican Gov. Greg Gianforte in 2023 and later confirmed by the state Senate. 

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Tom Lutey has covered politics and investigations for Montana Free Press since 2024. He is also the author of Capitolized, MTFP's political newsletter. Originally from southwest Montana, Tom has written about the West for 30 years, mostly from Montana and Washington. He has covered legislatures, Congress, courts, energy, agriculture and the occasional militia group. He is a collector of documents and a devotee of the long game. He's happy to help with records requests. He can be reached at [email protected].