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March 13, 2025
Ahead of Republican Attorney General Austin Knudsen’s disciplinary hearing after he was found to have undermined public confidence in the courts, Chief Justice of the Montana Supreme Court Cory Swanson is asking for clarity.
Specifically, “whether suspending the attorney general from the practice of law for 90 days would create a vacancy in the office of attorney general.”
State law says that an office becomes vacant with the “incumbent’s ceasing to discharge the duty of the incumbent’s office for a period of 3 consecutive months, except when provided by sickness, when absent from the state by permission of the Legislature,” or for military service.
Knudsen was found by a disciplinary commission in October to have violated professional conduct standards 41 times during a period in 2021 when the AG refused to comply with a Supreme Court order and disparaged justices. Some of the violations stem from actions by Department of Justice staff supervised by Knudsen. The maximum penalty would be suspension from practice for 90 days.
Knudsen and the Office of Disciplinary Counsel’s Timothy Strauch have until March 24 to answer in briefs. The hearing is on March 28.
—Tom Lutey
Failing to disclose
Day 2 of Sen. Jason Ellsworth’s ethics hearing begins Friday. The question before the Senate Ethics Committee is whether Ellsworth, R-Hamilton, failed to disclose a past business relationship with a contractor awarded a $170,100 contract to monitor state agencies putting into practice several 2025 bills, if they become law, intended to limit the autonomy of Montana courts.
Records show that several Montana senators, including the chair of the ethics committee, are out of state compliance with disclosing business, property or investment relationships that could be conflicts of interest. The D1 business disclosure form is something not only candidates for office are expected to file with the Commissioner of Political Practices, but also “holdover senators” in election years when they’re not on the ballot.
Disclosure forms are missing for about 25 state senators, according to a hardcopy search of COPP data. One lawmaker hasn’t filed a report since 2020. COPP staff tell Capitolized that lawmakers were informed in February that they needed to comply.
The Department of Justice is reviewing a separate charge concerning whether Ellsworth attempted to split the bill work into two separate contracts to avoid a competitive bidding requirement. Legislative Auditor Angus Maciver alleges that the Hamilton senator did split the work in two, which would be a misdemeanor abuse of power.
—Tom Lutey
A new representative for House District 87
The several-day scurry to find a new lawmaker for House District 87, the Ravalli County post vacated March 3 by former Republican legislator Ron Marshall, culminated Monday in the appointment of Terry Nelson.
The unanimous decision by Ravalli County’s three commissioners came after two rounds of nominations from various factions of the Ravalli County Republican Central Committee.
The other nominees who went before the county commission for consideration were former Republican lawmakers Wayne Rusk and Michele Binkley, who both served in the House in 2023. Nelson has not previously been in the Legislature.
Commissioners interviewed all three candidates in a public meeting Monday afternoon, discussing topics spanning past political experience, exempt wells and tax revenue that impacts local services.
A broader tension about a power struggle within the local Republican party hung over the commission’s decision. Binkley and Rusk both lost their Republican primaries in 2024 to candidates further right of them on the GOP spectrum. Nelson formerly chaired the local GOP central committee.
One of the last questions the commissioners posed to the nominees: If we send you to the Legislature, who will you represent?
Nelson responded with a hierarchical list.
“First and foremost, I represent my God. After that, I believe the citizens in my district are the ones that should be represented,” Nelson said. “In this case, again, I think that representing the central committee that put us up here and you three is probably even higher than that because that’s the ones who put us in.”
—Mara Silvers
On Background
- A look at the original complaint against Attorney General Austin Knudsen.
- Rep. Ron Marshall bows out.
- The legislative auditor’s report concerning Sen. Jason Ellsworth.
- The Senate referred current President Matt Regier to the legislative auditor for investigation into alleged “waste, fraud and abuse.”