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House Judiciary advances package of bills; divided committee votes on judicial oversight and election changes

January 20, 2024 | 2025 Legislature MT, Montana


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House Judiciary advances package of bills; divided committee votes on judicial oversight and election changes
After concluding hearings, House Judiciary moved to executive action and considered a sequence of bills, taking roll‑call or voice votes as recorded in committee. Key outcomes and notable points:

Votes at a glance

- HB 30 (burden of proof for constitutional challenge): Sponsor explained the bill establishes the burden for claims that a legislative act violates the Montana Constitution; after debate the committee passed HB 30, 12 Yes / 8 No (roll call recorded).

- HB 35 (place Judicial Standards Commission administratively under Department of Justice): The committee rejected an amendment to move administration to the Department of Administration (9 Yes / 11 No), then passed the original bill as moved (12 Yes / 8 No) after debate about appearance of impropriety and independent hiring authority.

- HB 36 (prohibit a judge on the Judicial Standards Commission from serving as commission chair): Committee passed the bill after debate (12 Yes / 8 No); supporters argued the change reduces perceived conflicts of interest.

- HB 38 (disability parking law changes): Committee considered amendments on fines and owner liability. An amendment raising fines failed; an amendment removing owner‑liability language passed (11 Yes / 9 No reported in committee discussion) and the amended bill passed the committee by a wide margin (18 Yes / 2 No).

- HB 49 (synthetic cannabinoids): Passed by voice vote and recorded proxies; reported out of committee.

- HB 65 (audit of State Bar and Judicial Branch): An amendment narrowing the audit failed; the bill passed the committee by roll call (12 Yes / 8 No).

- HB 83 (Missing and Murdered Indigenous Persons task force): Committee approved a friendly amendment to add audit language and passed HB 83 unanimously (20 Yes / 0 No).

- HB 102 (Office of the State Public Defender changes): Passed by voice vote, proxies recorded.

- HB 147 (enforcement‑action definition for parcel owners): Amendment clarifying the enforcement‑action definition passed and the bill passed as amended.

- HB 169 (political activity for judges/judicial candidates): After extended debate over partisanship, a motion to postpone failed; the bill as amended (removing a provision and allowing certain activities only if partisan judicial elections are authorized by law) passed the committee 12 Yes / 8 No.

What to watch

Several votes reflected deeper institutional debates: HB 35 and HB 36 sparked questions about whether moving administrative oversight or limiting judges’ leadership roles would create or reduce perceived conflicts; HB 65 prompted a debate over the legislature’s authority to audit an entity created by Supreme Court order; HB 169 generated the strongest partisan divide over whether judges should be insulated from party politics and whether future reforms allowing party‑tagged judicial elections are desirable.

Committee business concluded with the chair adjourning House Judiciary for the day.

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