Montana Senate Ethics Committee adopts hearing rules, orders document production and formalizes due-process letter

The Montana Senate Ethics Committee on March 3 adopted a set of internal rules for its inquiry into actions by the senator from District 43, approved a hybrid evidence-admissibility process for the upcoming adjudicatory hearing, voted to send a written due-process letter to the respondent and authorized subpoenas for documentary materials held by the Legislative Services Division.

Committee chair Senator Mandeville opened the session and recognized Senator Ellsworth, who said he wanted the panel to “go over our rules” after a prior rules meeting with the majority leader and raised concerns the rules had been “manipulated.” Special counsel Carroll and others then reviewed constitutional and statutory authorities the committee is using, including provisions of the Montana Constitution, joint rules of the legislature, and Mason’s Manual of Legislative Procedure, and outlined the committee’s obligations to provide notice, formal charges and a hearing with an opportunity to cross-examine witnesses.

Why it matters: The committee is conducting a fact-finding investigation that the full Senate referred to it on Jan. 27, 2025; by constitution only the Senate may punish or expel members, and the committee’s report could lead the full body to consider whether “good cause is shown” for punishment or expulsion. The rules and disclosure decisions the committee adopted shape what evidence the respondent and the committee may present at the adjudicatory hearing scheduled March 7, 2025.

Most significant actions taken

- The committee voted to send a letter dated Feb. 28, 2025, to the senator from District 43 inviting the respondent to state in writing, at least 24 hours before the adjudicatory hearing, any objections or suggestions regarding procedural…