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House adopts new rules tightening decorum amid objections that change could curb speech

January 14, 2025 | 2025 Legislature MT, Montana


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House adopts new rules tightening decorum amid objections that change could curb speech
Representative Jay Fitzpatrick sponsored House Resolution 1, a package of rules for the chamber that includes a new definition of decorum, a progressive discipline process for violations, restrictions on intern access, an ethics complaint procedure adapted from the Senate rules, and language limiting off-topic remarks during second reading.

Fitzpatrick said the changes primarily clarify conduct that has been problematic in past sessions and provide a step-by-step disciplinary process: a warning for a first offense, a floor-recognition suspension of up to three days for a second offense, and removal from the chamber for a third or subsequent offense, with the speaker empowered to apply or reset penalties. “Should you stand on this floor and attack somebody else's motives? No. You should stand on this floor and debate the merits of bills,” Fitzpatrick said.

Opponents said the decorum provisions, as written, could be used to punish protected speech. Representative Justin Sullivan said his caucus proposed an amendment to create a "free speech zone" allowing members to express opinions civically and warned the rules instead create “a system of punishment for speech that some of us might find subjectively offensive.” Representative Evan Carlin said the rule text lowers protections and noted language that allows the House to take additional measures including censure or expulsion regardless of prior offenses.

Representative Rae Zephyr argued the changes appear to lower the threshold for expulsion from a supermajority to a simple majority and cautioned that the timing and context raised fairness concerns: "I feel very strongly that we run the risk of a situation in which this is used to stymie dissent," she said. Representative Maria Rivas pointed to Article V, Section 10 of the Montana Constitution, arguing the rules may invite litigation because the Constitution requires a two-thirds concurrence to expel or punish a member.

The House recorded 58 votes in favor and 42 opposed on the motion recommending House Resolution 1 do pass on second reading. The measure passed second reading as recorded in the transcript.

The transcript shows sustained floor debate focused on the balance between decorum and free debate; the rules adoption carries chamber-level consequences for recognition and access but the transcript does not record any implementation actions beyond the passage on second reading.

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