Commission debates courtroom behavior rules after public counsel warns of constitutional limits

The commission spent significant time reviewing proposed courtroom behavior standards and whether the commission should adopt highly prescriptive rules modeled on another state's approach.

Director Brown displayed Utah's R597‑3 courtroom observation guidelines and commissioners debated specifics such as a minimum two‑hour observation period, a minimum of four observers per evaluation cycle, training for volunteers, randomization methods and travel reimbursements. Commissioner Lockerbie cautioned against locking the commission into unnecessarily rigid rules and urged flexibility for Montana's rural realities.

Attorney Bruce Spencer, appearing remotely, urged caution in using the commission's evaluation authority to dictate courtroom practice. "It's my opinion as a lawyer that this committee doesn't have the ability to dictate to judges what sort of standards they should apply in their courtrooms under article 7 section 2 of the Montana constitution," he said, and suggested the commission should frame any adoption as guidance for evaluators rather than mandatory courtroom rules.

Commissioners also questioned operational feasibility — whether enough trained observers can be recruited statewide, how mileage and per diem would be handled, and whether some districts might not yield the number of observers the Utah model requires. Director Brown said Utah pays modest annual travel costs (he estimated $6,000–$7,000) and randomizes observer assignments to limit selection bias. The commission agreed staff and counsel will draft a narrower, Montana‑specific proposal for review at the next meeting rather than adopting Utah's entire rule set immediately.