Senate Judiciary Committee forwards bill to move Judicial Standards Commission to Department of Justice

The Senate Judiciary Committee voted to advance House Bill 35 on a 6–3 roll call after testimony both supporting and opposing moving the Judicial Standards Commission (JSC) administratively to the Department of Justice.

Representative Fiona Nave, sponsor of HB 35, told the committee the bill would move the JSC "away from the judicial branch and administratively attach it to the Department of Justice," arguing the change would reduce the appearance that judges supervise members of the commission who investigate judges. "This places no additional burden on DOJ resources," Nave said during her opening remarks.

Proponents said the shift would boost transparency and public confidence. Bart Crabtree of the Montana Citizens Council on Judicial Accountability urged a "due pass" and said placing the JSC under DOJ would remove "self discipline within our judiciary." Kyla Halestone, director of the Montana Family Court Awareness Project, told senators that, in her review, "every single JSC complaint filed in these cases has been dismissed," citing what she described as a 97% dismissal rate and urging the committee to restore effective oversight for families.

Opponents contended the bill risks politicizing judicial oversight and undermines separation of powers. Natasha Jones, vice president of the Montana chapter of the American Board of Trial Advocates, said the legislation would "politicize the JSC" and that the Department of Administration would be a more neutral administrative home. Sharon Haugen of the League of Women Voters cited a public poll that she said showed strong support for three separate branches of government and warned that Montanans treasure an independent judiciary.

Dave McAlpin, court administrator for the judicial branch, appeared as an informational witness and confirmed the JSC is currently housed in the Office of Court Administrator. In response to fiscal questions, McAlpin explained that one staff FTE supports multiple commissions and that an allocation of $22,668 referenced in the fiscal note would remain with the judicial branch for continuing work if the administrative home changes.

Senators debated whether the Attorney General has authority over boards and commissions and whether legislative audit recommendations prompted the bills. Representative Nave said the bills aim to reduce conflicts where the Supreme Court had reviewed or approved JSC rules and to make commission work more transparent. After closing remarks from the sponsor, the committee took executive action and approved HB 35 6–3; Senator Benton agreed to carry the bill on the Senate floor.

The committee record shows proponents emphasized increased transparency and accountability; opponents emphasized constitutional separation of powers and the risk of politicizing judicial oversight. The bill will next proceed to the Senate floor for further consideration.