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Bozeman lawyer appeals ethics case against judge – Daily Montanan [1]

['Daily Montanan Staff', 'More From Author', '- June']

Date: 2022-07 

A Bozeman lawyer whose ethics complaint against a district court judge was dismissed by the Commissioner of Political Practices the same day it was filed has appealed to Gallatin County District Court.

On June 2, Matthew Monforton filed a complaint alleging Judge Mike McMahon misused his office by holding an interview with reporters there about his campaign for the Montana Supreme Court. In an email, McMahon respectfully disagreed with Monforton.

Commissioner of Political Practices Jeff Mangan swiftly rejected the complaint, finding that a judicial officer is part of the judicial branch of state government and, therefore, excluded from the definition of a “public officer” connected to the code of ethics. He cited the code’s “express and plain language.”

This week, Monforton appealed the outcome, arguing the commissioner erred in dismissing the complaint, and as a result, deprived Monforton of his right to seek the imposition of a penalty against the judge.

Monforton is asking the court to vacate the commissioner’s decision, remand the case, and hold an ethics hearing on the matter.

In the primary, Lewis and Clark District Court Judge McMahon did not advance to the general election. Incumbent Justice Ingrid Gustafson and Public Service Commission President James Brown will be on the ballot.

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[1] Url: https://dailymontanan.com/briefs/bozeman-lawyer-appeals-ethics-case-against-judge/

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