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Committee considers audit bill for Office of Disciplinary Counsel after contested testimony
Summary
SB 14 would direct a legislative performance audit of the Office of Disciplinary Counsel (ODC). Supporters called for transparency and legislative oversight; opponents including the State Bar warned the measure risks constitutional intrusion into a court-supervised, privately funded disciplinary body and could expose confidential records.
Sponsor's rationale: Senator Barry Usher asked the committee to authorize a Legislative Audit Division performance audit of the Office of Disciplinary Counsel (ODC). Usher said the audit would assess operations, resource use, and whether ODC’s supervision by the Supreme Court affects the division’s accountability.
Opposition and legal concerns: Bruce Spencer (State Bar of Montana) testified the ODC is funded by lawyers, employs no state employees, is already subject to annual fiscal audit and submits activity reports to the Supreme Court; he argued making ODC a state agency would risk violating Article VII, Section 2 of the Montana Constitution and potentially expose confidential disciplinary records.
Auditor response and committee exchange: Angus McIver, legislative auditor, described performance-audit scope under generally accepted government auditing standards and said confidentiality protections in state audit law would prevent public disclosure of confidential records. Committee members pressed on precedents for auditing quasi-public entities and sought assurances on scope and confidentiality. The sponsor said the request followed referrals from a prior special committee that had unanswered operational questions about ODC. The hearing closed with discussion but no committee vote recorded during the hearing.
