The Judicial Standards Commission (JSC) has missed its legally-required deadline for submitting a report to the Montana State Legislature. According to state law, the JSC must deliver a detailed report on its investigation of judicial misconduct every two years by September 1. However, as of September 3, 2024, the JSC has yet to provide the mandated report.
The JSC is currently chaired by Judge Mike Menahan of Helena. Prior to becoming a judge, Menahan served as a Democrat in the legislature.
At a recent meeting of the Senate Select Committee on Judicial Oversight and Reform (SJOR), House Majority Leader Sue Vinton, R-Billings, expressed concerns about the JSC’s previous report for 2022, noting incomplete compliance with legal requirements. Anticipating similar issues with the 2024 report, Senate President and SJOR Chair Jason Ellsworth, R-Hamilton, issued a subpoena to the JSC last week. The subpoena, which requires JSC Chair Judge Mike Menahan to comply by September 5, seeks records in line with state law.
A copy of the subpoena can be viewed here. According to legislators, it demands nothing beyond what is required by existing state regulations.
Ellsworth criticized the JSC for its failure to meet the statutory deadline. “To be clear, the Judicial Standards Commission is currently violating the law by not providing its required report to the Legislature,” Ellsworth stated. “I expect Judge Menahan to comply with the Thursday deadline in the subpoena, especially since the JSC has already missed the statutory deadline.”
Ellsworth emphasized that no entity in Montana, including judges and the commission responsible for overseeing judicial conduct, is above the law. “The JSC needs to come into compliance with state law immediately,” he added.
He further highlighted the importance of transparency in maintaining public trust in the judicial system. “Judges in Montana are accountable to the people through elections. Transparency into judicial misconduct is essential to upholding Montanans’ constitutional right to know and their ability to make informed decisions at the ballot box,” Ellsworth said.
By: Montana Newsroom staff
