Montana Lawyer February/March 2025

LEGISLATIVE UPDATE

Bill Watch List: 2025 Legislative Session Purusant to its Bylaws and Board

Senate Bills SB 13: Remove Supreme Court origi nal jurisdiction for ballot review. Bar posi tion: Oppose SB 14: Audit Office of Disciplinary Council. Bar position: Oppose SB 15: Revising grounds for impeach ment. Bar position: Oppose SB 21: Allowing legislative and execu tive leadership to vacate a writ of manda mus. Bar position: Oppose SB 31: IOLTA Bill providing Interest back to client*. Bar position: Oppose SB 41: Requiring substitution of district court judges by random selection. Bar position: Oppose SB 42: Provide for the partisan elec tion of judges and justices. Bar position: Oppose SB 44: Generally revise laws regarding the separation of powers doctrine*. Bar position: Oppose SB 49: Exempt lawyers serving in certain public offices from professional disciplinary measure and proceedings for actions taken while in office. Bar position: Oppose SB 66: Generally revise definitions relating to the judiciary*. Bar position: Oppose SB 92: Generally revise eligibility requirements to practice law in Montana. Bar position: Oppose SB 193: Provide that members of the attorneys’ examining board are appointed by the governor. Bar position: Oppose SB 284: Revise district court laws. Bar position: Oppose SB 374: Generally revise contempt of court laws. Bar position: Oppose SB 476: Defining separation of pow ers*. Bar position: Oppose Joint Resolutions HJ 14: Resolution on Marbury v. Madison . Bar position: Oppose SJ 2: Resolution disapproving of mon tana supreme court rules. Bar position: Oppose

Policies, the State Bar of Montana moni tors and takes positions on legislation affecting Montana’s lawyers and legal system. During the legislative session, the Executive Committee meets regu larly to review and monitor legislation. In its work, the Executive Committee it is guided by Board Policy 3-102, which specifically allows the State Bar to take legislative positions on: “A. Issues relating to the regulation and discipline of attorneys; B. Issues relating to the functioning of the courts, and to judicial efficiency and efficacy; C. Issues relating to the availability of legal services; D. Issues relating to attorney client trust accounts; E. Issues relating to the education, ethics, integrity and regulation of the legal profession; F. Issues relating to law reform, adoption of uniform laws and statutory improvement. If an issue(s) falls outside of the preceding list, the State Bar may take a position if: i. The issue is of great public interest; ii. Lawyers are especially suited to evaluate and explain the issue to the public, and; iii. The subject matter affects the rights of those likely to come into contact with the legal system.” Following is a list of bills introduced in the 2025 Montana Legislature that the State Bar of Montana has taken a position on, noting whether the bar was in support or opposition and the bills’ progress as of transmittal (* after status indicates bill is probably dead) For more information, please visit our website at https://www.montanabar.org/ News/Legislative-News. House Bills HB 2: General Appropriations Act Section D: Bar position: Support judicial budget. HB 30: Requiring the Supreme Court to apply a burden of proof for challenge to constitutionality of legislative act*. Bar position: Oppose

STATE BAR OF MONTANA LEGISLATIVE BILL WATCH

HB 39:Repeal law disallowing parties from contributing to judicial candidates. Bar position: Oppose HB 65: Audit State Bar of Montana. Bar position: Oppose HB 111: Adopt Uniform Electronic Legal Material Act. Bar position: Support HB 169: Revise judicial conduct laws. Bar position: Oppose HB 224: Generally revise criminal law Prohibiting judges from seeking, accept ing, or using political party endorsement*. Bar position: Oppose HB 295: Revise laws related to judicial transparency and elections. Bar position*: Oppose HB 322: Reduce the number of associ ate judges on the Supreme Court*. Bar position: Oppose HB 460: Amending the constitution to provide for electors of a county to call a grand jury. Bar position: Oppose HB 646: Elect supreme court by dis tricts*. Bar position: Oppose HB 710: Sections 2 & 3 Generally revise laws related to the judiciary. Bar position: Oppose HB 751: Partisan election of supreme court candidates*. Bar position: Oppose HB 788: Require disclosure of certain election contributions by attorneys of record*. Bar position: Oppose

24 MONTANA LAWYER

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