Senate Judiciary hears bill to audit State Bar after questions on scope and authority

The Montana Senate Judiciary Committee opened a hearing on House Bill 65, a measure that would authorize a one-time audit of the State Bar of Montana. The sponsor described the proposal as a "common sense" review of an organization that performs functions closely tied to the judicial branch, but opponents and the Legislative Audit Division said the bill as amended raises practical and constitutional problems.

The sponsor (listed in the committee record as the bill’s sponsor) told the committee, "I think this is just really a common sense bill. Take a look at what the state bar does since it is, so closely aligned with the judicial branch." The bill as introduced sought a performance audit; amendments in the House changed the request to a financial audit and added limits on the audit work.

Why it matters: HB 65 touches on the separation between the Legislature’s auditing authority and the judiciary’s constitutional role overseeing attorneys. Witnesses said the bill, as amended, would require different auditing standards and could raise legal questions about whether the State Bar should be treated as…