Senate Ethics Committee adopts preliminary witness list and subpoenas amid due-process dispute

The Montana Senate Ethics Committee voted 4-0 to adopt a preliminary list of witnesses and to authorize subpoenas for documents related to the legislative audit findings and possible contracts with private bill‑tracking firms.

The actions begin a formal fact‑finding process into matters described in a legislative audit report that counsel for former Senate President Jason Ellsworth says is already tainted and raises jurisdictional and due‑process questions.

Committee Chair Mandeville opened the meeting and special counsel Adam Duerk, introduced to the committee as the body’s special counsel, told members: "My intent here is to ensure that we engage in a fact finding process and follow that fact finding process wherever it may lead." Duerk later stressed the panel’s role as a fact‑finding body and said, "This is not a criminal matter."

Why it matters: The committee is considering whether to subpoena records and witnesses tied to findings in a legislative audit and alleged contracts for bill‑tracking work. Those subpoenas and witness calls could produce documents and testimony that inform any committee findings and possible recommendations to the full Senate.

What the committee approved - Witness list: By voice vote the committee approved a preliminary list of witnesses the panel intends to call, including legislative audit staff and counsel, Legislative Services Division staff, Department of Administration procurement…