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Panel debates HB30: sponsors seek codified standard of review; bar groups and civil‑liberties advocates warn of separation‑of‑powers risks
Summary
House Bill 30, introduced by Rep. Lee Deming, would codify a 'beyond a reasonable doubt' presumption for constitutional challenges to state laws. Witnesses including the State Bar and ACLU opposed the measure, arguing it misapplies a criminal burden of proof and intrudes on judicial authority; the committee voted to concur and moved the bill out of committee by voice vote.
Representative Lee Deming presented House Bill 30 to the Senate Judiciary Committee, saying the bill "ensures that state laws are presumed constitutional unless proven otherwise to the highest standard." He told members the measure aims to provide clarity and consistency in judicial review.
Opponents, including the State Bar of Montana (Bruce Spencer) and the trial‑lawyer and civil‑liberties communities, argued the proposed codification…
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