(Montana Judicial Branch) The Montana Supreme Court ruled that the State can be subject to payment of attorney fees stemming from actions of the Legislature enacting an unconstitutional bill during the 2021 legislative session.
In the 5-2 ruling, the court ruled the adoption of Senate Bill 319 was substantially amended in a free conference committee without adequate notice or opportunity for outside participation. It was also found that the provisions of the bill should have been entered on separate bills.
One amendment in question barred use of university facilities for any political activity. Another required judges to disqualify themselves in the event a campaign contribution from any party involved in the case, including attorneys, within six years, to aid the judges’ campaign.
In early 2022, the laws were deemed unconstitutional in the First Judicial District Court but did not award attorney’s fees to the plaintiffs. The constitutionality was not appealed, but the denial of fees was. The case was sent to the District Court to determine the amount of fees to be awarded.
