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The Session Week 16: Separation Of Powers And The Future Of Colstrip

As of mid-day Friday, 1,297 bills have been introduced and at least 197 have been signed into law. This week we’re watching a mounting dispute over separation of powers between the Legislature and the Montana Supreme Court. We’re also watching the debate on a bill that would incentivize the state’s largest utility to buy more of the Colstrip coal-fired power plant. The biggest story over the last week is the escalating conflict between the legislative and judicial branches. The whirlwind started with a new law that gives the governor more power to appoint judges to vacancies when judicial positions end up vacant between election cycles. Instead of having the governor pick from a list of finalists forwarded by the

Montana s judicial branch at center of power struggle

Power over Montana s judicial branch is at the center of a debate over the constitutionality of a new law that gives the governor more options to fill midterm vacancies on the state bench. Senate Bill 140, which Republican Gov. Greg Gianforte signed into law last month, eliminated the Judicial Nominating Commission, an unelected body that greatly limited the governor s nominating power by requiring that all judicial candidates be selected from a pre-approved list. With the passage of the new bill, Gianforte can now fill vacancies, with state Senate approval, without having to select candidates that are recommended by an unelected Commission. 

MT lawmakers, Supreme Court battle in pending separation of powers battle

HELENA, Mont. - The Montana Supreme Court is under investigation by state lawmakers. After Governor Greg Gianforte signed SB 140 into law, allowing him to appoint judges to the district courts and state Supreme Court instead of going through a judicial nominating commission. Those judges would still have to be confirmed through the State Senate, but that is not the biggest issue at hand. The investigation revealed Supreme Court Chief Justice Mike McGrath told the governor he was against this bill. Gov. Gianforte signed it anyway and almost immediately; this bill was challenged in the Supreme Court. McGrath recused himself from hearing this challenge because he had already made his opinion known.

Legislature refuses to comply with SupCo order on judicial emails

Legislature refuses to comply with SupCo order on judicial emails Republican leaders say they ll keep investigating Mike Dennison-MTN News Republican leadership at the Montana Legislature is defying a Supreme Court order telling them to halt their efforts to obtain judicial-system emails. By: Mike Dennison and last updated 2021-04-12 23:11:17-04 HELENA — The attorney general’s office late Monday told the Montana Supreme Court that Republican legislators will not comply with the court’s order to halt their attempts to acquire and publicize internal emails from the state judiciary. In a letter to Supreme Court Justice Jim Rice, Lieutenant Attorney General Kristin Hansen said the Legislature “does not recognize this court’s order” and will not allow the court to interfere with legislative investigation of “troubling conduct of the judiciary.”

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