Montana Republican Party Chairman Don Kaltschmidt has condemned the Commission on Practices (COP) following their recommendation to suspend Attorney General Austin Knudsen for 90 days.
Kaltschmidt described the recommendation as “absurd,” claiming it reflects the interests of “a group of Democrat donors looking to advance the electoral interests of their party’s candidate for Attorney General.” He alleged that the commission could have concluded the investigation two years ago, as suggested by their own Special Counsel, but instead chose to prolong it for political gain. “The Commission on Practice’s attempt to influence this election is shameful,” he added.
The Department of Justice, represented by spokeswoman Emilee Cantrell, has expressed disagreement with the recommended punishment and plans to file an objection. The office supports a 2022 special counsel investigation that suggested the matter could have been resolved privately, avoiding public controversy. However, the judicial panel previously rejected this recommendation.
Notably, members of the Commission on Practices have reportedly donated over $55,000 to Democratic candidates, raising questions about potential bias.
Now that the commission has made its recommendation to the Supreme Court, Knudsen has 30 days to file objections. The Office of Disciplinary Counsel will then have another 30 days to submit a brief opposing those objections. The Supreme Court may subsequently schedule oral arguments or consider the case without further discussion.
In a May 2022 memo, special counsel Daniel McLean from the Office of Disciplinary Counsel recommended that a private letter be sent to avoid a “political fight” between the Legislature and the Judiciary, which could undermine public confidence in the judicial branch. This memo was included as an exhibit in a filing this summer, where Knudsen’s legal team requested that the commission dismiss the complaint outright.
The commission denied McLean’s recommendation and instead brought on Missoula trial lawyer Tim Strauch to prosecute Knudsen. Strauch has a long history of donating to Democrats and liberal judicial candidates.
