On Tuesday, July 30, 2024, Daily Montanan reported that the Republican-led Senate Select Committee on Judicial Oversight and Reform voted to send a letter to Montana’s Supreme Court justices, district court judges, and other court staff. The committee was asking about how the chief justice decides to appoint retired judges.
The committee meeting heard from several attorneys on issues related to judicial ethics and the separation of powers between the judiciary and legislature. Retired district court judge Blair Jones, attorney Emily Jones, attorney Mark Parker, and State Bar of Montana Ethics Committee Chairman Peter Habein all answered lawmakers’ questions at the meeting.
The only action item from the meeting was approving a letter drafted by Senate President and Committee Chair Jason Ellsworth. The letter posed over a dozen questions to justices, judges, and court staff about the process for appointing retired judges. It expressed concerns about a lack of oversight and accountability for retired judges assigned to cases.
The letter specifically cited retired Judge Michael Salvagni, who blocked parts of housing bills passed last year. Republicans said Salvagni was accountable only to the chief justice and not to voters. The letter questioned retired judges like Salvagni having authority to overturn laws passed by elected officials.
It also referenced other former judges who have faced disciplinary action or resigned, including Judge Kim Christopher, Judge Ray Dayton, and Justice James Nelson. Nelson had written columns critical of the current administration and legislature. The letter asked if comments like Nelson’s would disqualify a retired judge from future cases.
Several names on the original draft letter were removed after concerns were raised. The State Bar pointed out incorrect attributes in the letter about retired Judge Michael Moses. Non-voting committee members Jim Ramlow and Andrew Billstein also voiced hesitations about signing due to potential ethical issues.
Once amended, all voting Republican committee members approved sending the letter except Senator Steve Fitzpatrick, who was absent. It requests responses to the questions by August 12 from the Supreme Court justices, Judge Mike Menahan, and court staff like Clerk Bowen Greenwood.
The committee plans to further discuss any responses and potential legislation at an upcoming two-day August meeting. Republicans formed the committee after disputes over recent court rulings blocking legislative bills. But Democrats have refrained from participating, believing the committee threatens judicial independence.
Source: Daily Montanan
