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Committee advances bill to create judicial-branch investigation panel with $400,000 appropriation
Summary
House Bill 8-40 would create a nine-member interim committee to investigate the independence and quality of district and Supreme Court rulings. Sponsor said the bill includes a $400,000 biennial appropriation for the committee’s work and public dissemination of findings; opponents called it a fishing expedition and a separation-of-powers risk.
Representative Lucas Schubert opened the hearing on House Bill 8-40, saying the bill would create a nine-member interim committee — five House appointees by the speaker and four Senate appointees by the president — to investigate the independence and quality of district court and Supreme Court rulings. Schubert told the committee the bill includes an appropriation of $400,000 for the biennium "for the maintenance of this interim committee and for the dissemination of information" and that the panel would terminate in 2028.
Opponents, including the Montana Trial Lawyers Association and the State Bar of Montana, urged the committee to reject the proposal. Al Smith testified the bill is a partisan project and that there is no public demand for such a committee. Bruce Spencer of the State Bar called the bill a potential separation-of-powers problem and described it as a "fishing expedition." Spencer said judges should not be investigated for disagreeable legal opinions and noted existing appellate processes and judicial discipline channels.
Committee members asked the sponsor about committee composition and whether designating partisan appointments would be appropriate; Representative Schubert said the bill does not specify partisan makeup and that he would consider amendments to balance appointments if that would garner support.
During executive action the committee voted to pass House Bill 8-40 out of committee by roll call; the committee tally was 12 in favor and 8 opposed. The bill will move forward for further House consideration.
Witnesses raised questions about the bill’s undefined terms ("independence" and "quality") and the broad scope of investigatory authority; the sponsor argued that open language would let the interim committee study issues fully and recommend reforms.
House Bill 8-40 now proceeds from committee with the stated $400,000 appropriation and a 2028 termination date noted in the bill text.
