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State decides not to contest judge's decision on campus politicking and complex recusal rules – Daily Montanan

['Darrell Ehrlick', 'More From Author', '- May']

Date: 2022-05-18 00:00:00

Montana Attorney General Austin Knudsen’s office let the Lewis and Clark District Court know that it would not appeal Judge Mike Menahan’s ruling that a bill that was heavily changed in the waning moments of the 2021 Legislature violated the state’s constitution.

That means the bulk of Senate Bill 319 has been struck down permanently.

Menahan ruled that two sections of SB 319 violated the one-subject rule enshrined in the Montana Constitution. The rule says that bills must contain one-subject.

Senate Bill 319 began its legislative life as a way for candidates to form joint fundraising committees. Rep. Greg Hertz, R-Polson, sponsored the measure. But as the close of session grew near, a free conference committee, a group of appointed lawmakers, used the bill as a vehicle to pass two controversial items, including prohibiting political activity inside dormitories, dining or athletic facilities on public university or college campuses. The second portion of the lawsuit prohibited judges from sitting on cases where attorneys had donated more than $90 in the past six years. Critics of the provision said it would make a mess of some courts where lawyers often know and support multiple candidates for judges.

Menahan’s ruling focused on the technical aspects of the law, rather than the content of the bill itself, saying that neither of the topics – campaigning in student areas or judges recusing themselves – have to do with joint political committees, and therefore violated the one-bill, one-topic rule.

On Wednesday, Assistant Solicitor General Brent Mead filed a notice of waiver of right to appeal, making Menahan’s ruling on Feb. 3, 2022, official.

On Twitter, attorney Raph Graybill, who helped secure the victory for a number of plaintiffs, including the youth political action group Forward Montana as well as Lewis and Clark County Attorney Leo Gallagher, celebrated the win.

“Republicans admit they violated our constitutional rights when they tried to sneak it through. Now it’s gone for good,” Graybill said.

Previously, both sides said that an appeal was likely.

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