Dems indicate they won't participate in judicial oversight committee

Montana’s Senate president on Friday announced the appointment of three House Republicans and five Senate Democrats to the Republicans’ newly created select committee on judicial oversight and invited House Democrats to join, but the Democrats said it’s still highly unlikely they participate, calling the committee an attack on the judicial branch and saying it is unnecessary.

Senate President Jason Ellsworth, R-Hamilton, is also inviting applications from the public to participate in three non-voting roles. Those people who are picked will have to cover their own costs of serving on the committee, while lawmakers will be compensated as they would for a normal interim committee meeting.

“The Legislature is the branch of government closest to the people, so I’d love to have the people participate directly in this committee,” Ellsworth said in a statement.

Should all the slots on the committee be filled, it will include 10 Senate Republicans, three House Republicans, up to three members of the public, five Senate Democrats and two House Democrats.

But a spokesperson for Senate Democrats said their stance had not changed over the past 10 days since the committee was announced and that the five who were appointed — Sens. Jen Gross of Billings; Shane Morigeau of Missoula; Marry Ann Dunwell of Helena; Janet Ellis of Helena; and Andrea Olsen of Missoula — would likely not participate.

“Democratic senators remain focused on the real issues facing Montanans and will not be wasting time or taxpayer resources attacking the independence of the courts,” Senate Democrats spokesperson George Wolcott said in a statement. “Our position is unchanged and Democrats will not be participating in the committee.”

House Minority Leader Kim Abbott said Ellsworth had been in touch with her on his plans to appoint two House Democrats and that she told him Democrats still object to the basis of the committee’s formation.

“I would be surprised if any members that he appoints to this committee participate in it. You know, we’ve been pretty clear for the last few years that the Constitution demands separation of powers and the checks and balances that we have in place ensure it, and that we’re going to be adhering to the Constitution and not engaged in this kind of political theater,” Abbott said.

In a statement, Ellsworth said that the “proper” separation of powers “is a fundamental constitutional issue” that will be important for the committee to look at. Ellsworth, who is running in the Republican primary for Clerk of the Supreme Court, formed the committee in response to several legal rulings handed down over the past several months by the Montana Supreme Court and other district courts that went against most Republicans’ preferred outcomes.

“I’m hopeful that Democrats and Republicans alike will do their job serving on the committee, protecting the Legislature’s role as the policymaking branch of government and recommending thoughtful reforms to ensure Montana’s courts stay in their constitutional lane,” Ellsworth said Friday.

A spokesperson for House Republicans did not respond to a request for comment on Friday on its members’ involvement. Ellsworth said if Democrats don’t participate, it “would be an insult to their constituents.”

When Ellsworth announced the formation of the select committee on April 2, a Senate GOP spokesperson included a planning document that outlined the objectives, which includes crafting legislation to “rein in Montana courts’ abuse of power” and “provide more oversight of the judiciary.”

It also said reforms were needed to respond directly to court rulings on the necessity of a veto override poll for a marijuana revenue redistribution for a bill, another involving attorneys’ fees in a case, and the Supreme Court’s rulings that shot down efforts by Attorney General Austin Knudsen to stop a group seeking to put a constitutional amendment on abortion access from gathering signatures for their initiative.

Among the ideas are looking at rules concerning vetoes and the override process; how to ensure the legislature gets to review all ballot initiatives; and trying to craft legislation saying the courts cannot interpret legislative rules. Other proposals include separating the Montana Bar from the judicial branch and allowing for partisan judges.

A date for the committee’s first meeting had not been set as of Friday afternoon.

The Republicans appointed to the committee are: Sens. Ellsworth, Barry Usher (Billings), Steve Fitzpatrick (Great Falls), Tom McGillvray (Billings), Steve Hinebauch (Wibaux), Wendy McKamey (Great Falls), Carl Glimm (Kila), Chris Friedel (Billings), Mark Noland (Bigfork), Daniel Emrich (Great Falls), and Reps. Sue Vinton (Billings), Lyn Hellegaard (Missoula) and Fiona Nave (Columbus).

Blair Miller is a Helena-based reporter. The Daily Montanan is a nonprofit newsroom.