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Committee hears bill requiring attorneys to disclose past campaign contributions to presiding judges; opponents cite burdens and constitutional concerns
Summary
House Bill 788, which would require an attorney of record to disclose campaign contributions to the judge presiding over a case and create a private right of action for failures to disclose, drew strong opposition from the State Bar and trial lawyers and was tabled after debate and a proposed conceptual amendment.
House Bill 788, sponsored by Rep. Brad Barker, would have required attorneys of record in civil proceedings to disclose campaign contributions they had made to the presiding judge within the previous six years and would have allowed sanctions and a private right of action for failure to disclose.
Opponents, including the State Bar of Montana and the Montana Defense Trial Lawyers, urged the committee to reject the bill or substantially amend it. They said campaign contributions are already public via campaign‑finance disclosures and expressed constitutional and practical concerns with shifting disclosure obligations onto attorneys and attaching a private right of action. John Mudd, executive director of the State Bar of Montana, noted the bill flips the usual disclosure burden and raised questions about whether it would create inconsistent obligations and possible First Amendment implications. Dan Stusek of the Montana Defense Trial Lawyers said the bill would impose a heavy, statewide administrative burden and might chill pro bono legal assistance.
Sponsor response and amendment proposal Sponsor Rep. Barker said the idea was to increase transparency and public confidence in the judiciary and suggested he would be open to amendments to address opponents' concerns, including removing sanction and private‑action provisions. Civil‑trial practitioners who opposed the bill asked the sponsor to add reciprocal disclosure by parties if the committee wanted completeness.
Committee action After extended testimony and discussion the committee accepted a motion to table HB 788. Rep. Barker said he would provide a written conceptual amendment for committee consideration before further action.
