Montana Supreme Court hears arguments over disciplinary complaint against Attorney General Austin Knudson

The Montana Supreme Court heard oral argument in ODC PR23-0496, a disciplinary proceeding arising from statements and litigation conduct by Attorney General Austin Miles Knudson. Counsel for Knudson urged dismissal on procedural and separation-of-powers grounds, while the Office of Disciplinary Counsel (ODC) told the court it had met the clear-and-convincing standard required to discipline the state's highest law officer for violations of the rules of professional conduct.

Knudson's counsel argued the Commission on Practice tainted the process by overruling an initial special prosecutor's recommendation and effectively directing ODC to file a formal complaint. "This entire process from investigation to complaint to hearing has been tainted by persistent due process violations," counsel told the court, arguing that the commission denied the attorney general a fair opportunity to present evidence about the objective reasonableness of his statements. Counsel also framed the constitutional question as one of separation of powers and urged the court to dismiss rather than allow what he described as "a third bite at the apple." (Respondent counsel identified in the record as Richard Cory, Solicitor General, and co-counsel on the briefing.)

ODC's special counsel told the justices that the record shows Knudson made disparaging remarks about the integrity and qualifications of the court and disobeyed a July 14 order in the…