A Montana judicial panel has recommended the suspension of Montana’s Republican attorney general from practicing law for a period of 90 days. This recommendation comes as a result of the attorney general openly defying court orders and repeatedly questioning the integrity of justices while defending a law that allowed the state’s Republican governor to directly fill judicial vacancies.
The law in question was part of a broader national effort by the GOP to shape a more conservative judiciary and was eventually upheld by Montana’s Supreme Court. Both parties involved have a 30-day window to contest the panel’s recommendation by the five-member Commission on Practice, followed by another 30 days to respond to any objections before the Supreme Court issues its final decision. Three justices have filed motions to recuse themselves from participating in the ruling on the suspension, potentially leading to their replacement by state District Court judges.
Should the attorney general, Austin Knudsen, have his license suspended, it could impact his ability to carry out his duties as attorney general, as per state constitutional requirements. The Department of Justice has expressed disagreement with the proposed suspension, indicating its intention to file an objection. The office has cited a 2022 recommendation from a special counsel investigation, suggesting that the situation could have been handled privately to avoid a contentious disagreement, a suggestion that was previously rejected by the judicial panel.
The panel’s findings stated that actions by the attorney general’s office clearly violated professional conduct rules and could warrant significant consequences. Despite acknowledging that certain aspects of the case could have been handled differently, Knudsen consistently refused to admit that his actions or language in court filings breached professional conduct rules. The issue dates back to 2021, when a legislative dispute arose regarding the elimination of the Judicial Nomination Commission and the involvement of the state Supreme Court administrator in a survey conducted on behalf of the Montana Judges Association.
Knudsen’s tenure as attorney general has also been marked by additional controversies, including accusations of pressuring a hospital over COVID-19 treatment, supporting an individual who made armed threats over mask mandates, and attempting to impede constitutional initiatives from appearing on the ballot. Furthermore, Knudsen recruited a nominal opponent for the primary election to raise additional funds and faced a lawsuit for forcing the resignation of the head of the Montana Highway Patrol.
In conclusion, the recommendation for the suspension of Montana’s attorney general reflects the culmination of a complex legal and political saga in the state. It underscores the importance of upholding professional conduct rules and maintaining integrity within the legal system to ensure justice and accountability for all parties involved.