A Jefferson County man is suing Gov. Greg Gianforte for appointing a state legislator to lead the Montana Department of Commerce.
Commerce Director Marta Bertoglio was appointed June 16, a couple hours after resigning her Montana House seat representing Jefferson County. One of the former representative’s constituents, Jordan Williams, argues that the Montana Constitution’s “disqualification provision” bans legislators from appointments to state civil office.
In a lawsuit filed Wednesday in Lewis and Clark County District Court, Jordan asks that Bertoglio, a three-term lawmaker from Clancy, be stopped from working at Commerce and that the Department of Administration be blocked from paying the former representative.
The governor’s general counsel, Anita Milanovich, countered in a letter to Williams’ attorney that state civil office positions are independent and not overseen by someone with superior power. The governor oversees the commerce director, Milanovich argues, which means Bertoglio doesn’t act independently.
The Bertoglio appointment marks the fourth time Gianforte has appointed a state legislator to a position within state government. The lure of state employment has the potential to influence lawmakers’ decisions, argued attorney Andres Haladay with Upper Seven Law on behalf of Williams.
“Unconstitutional gubernatorial appointments send the message that part-time citizen legislators — who in 2025 made a salary of $128.86 per day — might win a six-figure golden ticket to an appointed state civil office if they promote [the] governor’s political interests over the needs of their own constituents,” Haladay said in the lawsuit. The other three appointees were former Rep. Jimmy Patelis, R-Billings, appointed to the Montana Board of Pardons and Parole in 2021, former Sen. Bob Brown, R-Trout Creek, appointed Montana Lottery director in 2024; and former Rep. Paul Green, R-Hardin, also appointed commerce director in 2024.
latest stories
Montana drops bison lawsuit against Yellowstone National Park
Motion to dismiss ends nearly two years of litigation, renewed tension over who gets a say in bison management
Poll: Rep. Troy Downing ahead in Eastern U.S. House District
A Montana Free Press-Eagleton poll conducted between Aug. 27 and Sept. 7 shows incumbent Rep. Troy Downing with a substantial lead over Democrat Brian Miller in their race for Montana’s Eastern District U.S. House seat.
What Missoula’s homelessness response looks like one year after Johnson Street shelter closure
The last 12 months without the 165-bed emergency shelter have left Missoula’s longstanding homeless shelter full more often than not and have strained other organizations serving people living on the street. Limited shelter capacity also means more people are living outside to navigate the city’s camping restrictions, providers said.
