In accordance with the Montana State Constitution, the state legislature is in session during 2025, an odd numbered year, for no more than 90 days. After November’s election, which allowed Montanans to vote on every seat of the legislature, and a series of redistricted Congressional maps that were finalized in 2023, Democrats gained seats in the legislature, chipping away at a Republican majority in both the State House and Senate. This session, however, Republicans lost their veto proof majority, which they exercised twice during the 2023 session against Governor Greg Gianforte’s efforts to veto state legislation. 

The Montana House of Representatives is currently composed of 58 Republicans and 42 Democrats, and the Montana Senate is divided into 32 Republicans and 18 Democrats. A central focus of the Republican party has been “judicial reforms,” represented in far reaching bills that would impact the State Bar Association, private practice, state agencies, and the Montana Supreme Court. 

Republican State Senator John Fuller, elected into District 4, comprising the Kalispell area, introduced both Senate Bill (SB) 97 and 92, which would change the court assigned to legal disputes regarding state legislation and remove mandatory membership to the Montana State Bar Association respectively. Both Senate Bills have progressed through committee, 3 readings in the Senate, and are currently in first readings in the House. SB 92, which has seen widespread opposition from Democratic lawmakers and the State Bar, was supported by Fuller to combat, “a clear violation of the first amendment.” Fuller, who in an interview voiced his long standing belief that the State Bar infringes on the free speech of practicing attorneys, was a High School civics teacher for 41 years and was elected to the State House of Representatives prior to the Senate. State Bar membership has been required as a condition to practice law within the state since 1974, when the Montana Supreme Court created the Association and mandated membership. The Court wrote, “[p]ursuant to the powers of the Montana Supreme Court to govern and control the practice of law in Montana, all persons admitted the practice of law in this state are hereby unified into an organization,” a statement that was bolstered by the adoption of Montana’s State Constitution two years previously in 1972. 

In a letter sent to State Senator Barry Usher, Chairman of the Senate Judiciary Committee, leadership from the State Bar of Montana argued that SB 92 violates the Montana Constitution according to this legal precedent. “That's hogwash, the reason being the acceptance to get your [legal] license is not going to change with this bill,” voiced Fuller, who believes that the requirements of lawyers will not decrease under the adoption of SB 92. 

Several additional Republican sponsored bills have already progressed through the more heavily Democratic Montana House, and are on track for Senate approval. 

House Bill 35 (introduced by Republican Rep. Fiona Nave, Columbus), would delegate the Montana Department of Justice to supervision of the Judicial Standards Commission, which investigates complaints against state judges. The Commission has five members, each with a four year tenure: two district judges appointed by the Speaker of the House and confirmed by the State Senate, one attorney with a decade of legal experience within the state appointed by the attorney general and confirmed by the Senate, and two Montanans without relations to the legal profession appointed by the Governor and confirmed by the Senate. Currently, the positions of Speaker of the House, State Senate, Attorney General, and Governor are all under Republican control. An extension of HB 35, HB 36 would prevent judges from chairing the Commission. Both bills have passed House readings and have been concurred in the Senate Judiciary Committee.

Perhaps the most controversial bills pertain to the structure of Supreme Court elections, which are currently nonpartisan. Most recently, voters elected Judge Katherine Bidegaray and Judge Cory Swanson won the two open seats on the highest court in the state. Bidegaray received backing from many Democratic affiliated donors and organizations while Swanson, who assumed the role of Chief Justice, received backing from Republicans. Republicans in the state legislature, have long been dissatisfied with the frequent overrulings of state legislation or agencies, including the recent rejections of Republicans’ interpretation of election law, environmental obligations in the state constitution, and transgender rights. One mechanism used to achieve this would be carried out through SB 42 (introduced by Republican Sen. Daniel Emrich, Great Falls), which requires judicial candidates to run with a party affiliation, and HB 169 (introduced by Republican Rep. Tom Millett, Marion), which allows candidates to accept political endorsements from politicians. 

The 2024 Senate Select Committee on Judicial Oversight and Reform, which was overwhelmingly controlled by Republicans after Democratic members chose to not participate, is the source of many of the bills progressing through the state legislature in the 2025 session, including SB 42. Speaking to the focus on judicial reform this session, Senator Emrich voiced in an interview, “I think that it’s really been a priority. The judiciary as a whole has been making a lot of … rulings and decisions that are essentially flimsy. They’re just not … good rulings.” Emrich hopes that SB 42 will make voters more confident when voting for candidates for Supreme Court. “It’s both a labeling problem and it’s an information problem,” said Emrich. He also pointed to SB 45, sponsored by Republican Tom McGillvray, which “creates a judicial performance evaluation commission and system,” which Emrich maintains will increase access to information regarding court judges. Senator Fuller also defended the tenets of the legislation, commenting, “I believe that recognizing what already happens will be beneficial for the people of Montana. Everyone's partisan.” 

Senate Minority Leader Pat Flowers of Belgrade and the broader state Democratic caucus disagrees with this assessment of the effectiveness of the legislation. “We think it's foundational that [Supreme Court elections] are nonpartisan and when Montanans find themselves in a court they wouldn’t want to be judged on whether they have a “D” or an “R” or an “I” behind their name. They want to be judged with the facts,” said Flowers in an interview with Raptor Report, solidifying that “there’s simply no reason for” partisan elections. The leader cited several recent polls showing a majority of Montanans disagree with the establishment of partisan Supreme Court elections. One study, conducted in 2023 by researchers at MSU, the Montana Public Interest Research Group, and the League of Women Voters of Montana, found that 71% disagree with partisan elections. Democratic Senator Cora Neumann of District 30 proposed an amendment to Emrich’s SB 42 in an early February session of the Senate Judiciary Committee to include this polling, which ultimately failed along party lines (3 - 6). Neumann’s amendment was an effort, “to make it clear that [SB 42] is something that is coming from the legislature but is against the will of the people.”

More broadly, statewide Democrats have spoken out during hearings regarding the effects of judicial reform legislation on the Constitutional mandate lawmakers are sworn to uphold. Democrats argue that many of the same bills progressing through the Legislature would ultimately be overturned by the court system due to their potential impediment on the authority of the judicial system. During the session, Senator Flowers responded to Republicans, “maybe the good news is, you'll have more to complain about because this will go to court and likely be overturned – and it's that darn overzealous court again.” Flowers expanded on his party’s messaging that the broader judicial framework in the state is working as intended, commenting that support for the State Bar Association is extended by the four Bar Association members in the Democratic caucus. The Senator also pointed out that many other industries besides the legal profession establish regulatory or organizational bodies like the State Bar.

A schism in the state Republican party may hinder the passage of these bills, however, as several Republican legislators have already joined Democrats in voting against bills in their preliminary readings. For example, House Bill 30 (introduced by Republican Rep. Lee Deming, Laurel) failed its first reading in the House, with a 50 - 50 tie vote in which Republicans David Bedey, John Fitzpatrick, Bill Mercer, Anthony Nicastro, Linda Reksten, Melissa Nikolakakos, George Nikolakakos, and Ken Walsh joined all Democrats. Currently, HB 30, which requires the Montana Supreme Court to, “apply a burden of proof for challenge to Constitutionality of legislative act,” is scheduled for a hearing in front of the Senate Judiciary Committee on February 13th, after further discussion within the House ultimately garnered enough Republican support. 

A contentious period within the Senate Ethics Committee is another cause of concern for Republicans and their voting margins; former Senate President Jason Ellsworth was being investigated until recently by the committee for potential criminal actions regarding a contract, valued at over $170,000, that Ellsworth doled out to a former business associate that may have been split or otherwise in violation of state laws. After Minority Leader Flowers brought a motion to the Senate floor transferring the investigation to the Montana Department of Justice, headed by Republican Attorney General Austin Knudsen, nine Republicans, including Ellsworth, broke with their party higher-ups to successfully terminate the Senate committee's work detailing potential wrongdoing. Democrats say that they were motivated to change the investigative body to the state DOJ after Republican “politicization” of proceedings; Republicans, who largely accuse their colleague Ellsworth of wrongdoing, allege state Democrats have protected Ellsworth from prosecution in exchange for more voting power as a minority. Senator Daniel Emrich has been a proponent of this narrative, commenting, “[Democrats] essentially bought his vote. In exchange he kills bills they've asked him to kill.” Emrich believes that ultimately this will impact Republicans’ legislative achievements in 2025. “It’s … more based off of deal making than it is off of anything else,” stated Emrich, adding, “We had one or two bills … die that were judicial reform bills that Ellsworth voted for in the committee,” insinuating that Senator Ellsworth changed his votes to doom legislation. Confusion remains in relation to the jurisdiction of the Montana DOJ in investigating state lawmakers under the direction of the Legislature, however the agency has indicated that it will review the referral after receiving it from the Senate. According to Flowers, “There is precedent for this and it can be referred to the DOJ by agencies or the legislative auditor.” It is currently unclear whether Republican Senate President Matt Regier has transmitted a request for investigation to the DOJ, however the Democratic minority has drafted a letter to the agency as a backup mechanism.

In the remaining days of the 2025 legislative session, lawmakers are eager to pass their legislation onto the Governor’s desk with Republican bills regarding judicial reforms, transgender rights, and the 10 Commandments in schools making headlines. As a party, Democrats look to what Flowers coined, “kitchen table issues.” Flowers continued, “We continue to look at the cost of housing. We made some gains in the last session in regards to increasing construction on affordable housing and we’re still focused on that. Lastly, childcare remains a real challenge.” Both parties are proposing their own solutions to lowering the tax burden on Montanans after recent spikes to property taxes and debate continues in relation to Medicaid access.

Updates regarding the 2025 Montana Legislative Session will be continued in future issues of Raptor Report. Archived and live recording of the Montana Legislature can be accessed through MPAN, the Montana Public Affairs Network, online through Montana PBS.