Republicans claim partisanship in Montana courts, call for investigation of Montana Bar Association

HELENA, Mont. – During the second day of the legislative session, the Senate Judiciary Committee discussed a letter from Republicans to the president of the State Bar of Montana. The letter alleges partisanship in Montana's courts.

Two days before Christmas, Montana Senator John Fuller, along with 18 other Republican officials, wrote and signed a letter. The letter stated, "We write to object to the Montana State Bar’s implicit endorsement of partisan attacks on the Republican Party and elected Republican officials," referring to remarks made by an attorney at the Montana State Bar annual convention earlier this year.

The State Bar of Montana, created by the Montana Supreme Court, requires all practicing attorneys in the state to become members. Senator Fuller's letter highlights comments made by an attorney at a State Bar event, where the attorney criticized Republican legislation and the sitting governor.

Republicans are calling for an investigation into the State Bar, citing concerns about potential partisanship exposure during events that attorneys are expected to attend.

In response to Fuller's letter, Antoinette Tease, president of the State Bar of Montana, issued a letter stating, "The State Bar is not a governmental entity" and is a "nonpartisan organization."

Tease attended the Judiciary Committee meeting where the letters were discussed. She clarified the State Bar's position, saying, "The state board is not involved in it, does not control disciplinary proceedings against attorneys. And I was not president of the State Bar while this event took place, I did not attend the events and I was not involved in its planning. So not only do I not have specific personal information concerning that event, but it is the State Bar policy not to comment on disciplinary proceedings."

Three Democratic members of the Senate Judiciary Committee, including the vice chair, drafted a letter objecting to the committee's request for Tease to attend the meeting. The objection stated, "This Senate demand for forced speech and punishment is inappropriate," questioning if the letter infringes on free speech rights. Despite the objection, Tease attended the meeting.

Complaints to the Office of Disciplinary Counsel remain confidential until a decision is made.