Senate Ethics Committee approves subpoenas for DMV records, sets March 7 adjudicatory hearing

The Senate Ethics Committee voted to authorize staff to prepare subpoenas seeking motor vehicle records and to set an adjudicatory hearing to begin March 7, 2025, in the inquiry involving former Senate president Ellsworth.

Special counsel Dirk told members the additional document request targets "DMV records for all persons that have, lived at or resided at 2 different addresses in Montana," and said the records "will help with 1 of the findings of fact that the committee is charged to make." Vice chair McGillivray moved to request the documents and the motion passed on a voice vote; the chair directed staff to prepare a subpoena.

The committee also debated when to begin the hearing. Chairman Mandeville proposed March 7 and urged an early start to avoid further delay; several senators, including Senator Pope, raised concerns that transmittal week is exceptionally busy and could distract members and staff. "I will say upfront that I am a 100% interested in providing a straight line efficient way and that has the due process," Senator Pope said while urging a later date, and Senator McGillivray argued the committee had already been delayed and should set an early start.

The committee adopted language to set the adjudicatory hearing to begin 03/07/2025 and Senator McGillivray moved explicitly that it hold its adjudicatory hearing on that date and "try to wrap up around 04:00 on the seventh." The motion was adopted by voice vote; the chair asked special counsel Carroll to prepare the hearing notice and related letter for signatures.

Defense counsel for former president Ellsworth, identified in the record as Miss Mel, objected to the timing and several aspects of pre-hearing procedure. She said she had scheduled examinations of witnesses and received only a "limited production" of materials late the prior evening. "I do not have them," she told the committee, arguing that without the auditor's investigative materials or other supporting documents she could not meaningfully prepare cross-examination. Miss Mel also asked for leave to file a brief asking the committee to stay proceedings because of an ongoing criminal investigation and asserted state-law liberty and property interests that she said must be protected.

Special counsel Dirk responded that the draft notice incorporated statutory citations and administrative rules, that a referral to the Department of Justice as to Title 5 matters was noted, and that the new notice stripped Title 45 references from the charges. He recommended that the committee could use March 7 to complete "housekeeping" tasks—recognizing parties and rules, establishing witness order and an exhibit list, and setting bounds of relevance—while reserving the option to continue substantive testimony at a later date.

Members also discussed the committee's authority to convene. Defense counsel raised a point of order citing Senate Rule S 31-60, saying the ethics committee "shall meet only upon the call of the chair after the referral of an issue from the rules committee" and asserting that the required referral language had not been prepared; the chair responded that the full senate had referred the matter by board vote, which he said authorized the committee to proceed.

Next steps: staff was directed to prepare the subpoena document for the DMV records and special counsel Carroll said he would have a copy of the hearing notice ready that afternoon. The committee agreed to meet on Friday to take up draft rules and left open the option to adjust the hearing schedule if exigent circumstances develop.