Prosecutors in the Montana Attorney General’s Office filed official misconduct charges against state Sen. Jason Ellsworth, alleging he acted outside the scope of his lawful authority as a public servant and improperly handled a state contract. Prosecutors also asked the court to suspend Ellsworth from office pending final judgment.
The charges stem from a Montana Division of Criminal Investigation inquiry launched in February after a referral from Legislative Auditor Angus Maciver.
According to charging documents, investigators concluded Ellsworth improperly submitted a $171,000 contract for bill-tracking services to Agile Analytics, a company owned by a longtime friend and business partner. Prosecutors allege Ellsworth violated state ethics and procurement laws by obtaining services exceeding $100,000 without advertising the contract, allowing open competitive bidding, or securing required review by the Montana Department of Administration.
Investigators further allege Ellsworth attempted to evade state procurement requirements by splitting the contract into two separate invoices to keep each below the $100,000 threshold that triggers additional oversight.
Under Montana law, official misconduct is punishable by a fine of up to $500 and up to six months in county jail. If convicted, a judge may also order Ellsworth to permanently forfeit his public office.
The charges were filed in Montana First Judicial District Court. Assistant Attorneys General Daniel Guzynski and Stephanie Robles are prosecuting the case.
In 2021, Ellsworth was stopped by Montana Highway Patrol on a highway east of Helena and later pleaded guilty to obstructing a peace officer.
Ellsworth admitted to exiting his vehicle during the traffic stop and apologized in court for that decision, though he did not apologize for other conduct during the encounter, including invoking his status as a legislator. “Certainly that was not appropriate in any way shape or form,” Ellsworth said of leaving his vehicle, adding that the trooper “was doing her duty as a civil servant.”
Two additional charges — reckless driving and speeding in a construction zone — were dropped in exchange for Ellsworth’s plea. He agreed to pay a $350 fine and $85 in court fees and received a one-year deferred sentence.
According to the original charging document, Ellsworth was accused of driving 88 mph in a 55 mph construction zone between Townsend and Helena after 10 p.m. on May 23, 2021 . During the stop, prosecutors said Ellsworth repeatedly attempted to persuade Trooper Mackenzie Gifford to let him go, citing a Legislative Council meeting scheduled for the following morning and referencing a provision of the Montana Constitution that restricts arrest of lawmakers traveling to or from legislative sessions. At the time of the stop, the 67th Legislature had been adjourned for approximately one month.
The charging document also described a heated exchange in which Ellsworth suggested contacting Attorney General Austin Knudsen, who oversees the Montana Highway Patrol.
“If you want me to call the attorney general —” Ellsworth said, according to a transcript included in the complaint.
“Go ahead and call him,” Gifford responded. “Back to your car now.”
“I would be happy to,” Ellsworth replied. “I suggest you call your boss.”
Ellsworth declined to comment further after his court hearing when asked about his conduct, including his reference to the attorney general.
The charging document also referenced an earlier traffic stop in January, when Ellsworth was reportedly pulled over outside Helena and released with a warning after telling an officer he was late for a meeting with Gov. Greg Gianforte. Records later confirmed Ellsworth was scheduled to meet with the governor that day, though approximately six hours after the stop.
