Panel hears bill that would limit disciplinary actions against certain elected attorneys

Senate Bill 49, introduced by Sen. Barry Usher, would prevent judicial officers or the Office of Disciplinary Counsel from pursuing professional disciplinary proceedings or measures against certain attorneys for conduct while serving as constitutional officers or legislators, with limited exceptions.

Usher said the bill is driven by separation-of-powers concerns and aims to prevent the judicial branch from chilling constitutionally elected officials' performance of their duties. "They could stifle any of those officers that are duly elected by the people," he said, arguing the bill guards against overreach.

Opposition was broad among courtroom and bar groups. Natasha Jones, speaking for the American Board of Trial Advocates, said the rules of professional conduct apply everywhere and urged a no-pass recommendation: "These types of rules do not depend on time or place." The State Bar of Montana and other attorneys also opposed the measure. Bruce Spencer (State Bar) warned the bill would permit long-serving lawyer-legislators to be exempt from professional rules and gave a hypothetical in which a chief executive could evade disciplinary action for serious misconduct. John Marshall said the measure was linked to recent ethics complaints and called it unconstitutional and a waste of taxpayer dollars.

Committee members asked opponents about the impetus for the bill and whether it responds to specific disciplinary proceedings; opponents declined to comment on active matters and emphasized the constitutional and ethical risks. Sponsor Usher said he was looking forward and intends the bill to apply only to official acts performed while holding office and invited opponents to suggest narrow amendments.

The hearing closed with the sponsor seeking a do-pass recommendation. No final vote on SB 49 occurred during this session.