Bill > LC0048

This bill clarifies and limits the judiciary's power to issue injunctions, specifically addressing two key areas of injunctive authority. First, the bill explicitly prohibits courts from issuing injunctions that would restrain the enforcement of a statute against parties not involved in the original legal proceedings, reinforcing a principle of fairness rooted in constitutional due process protections. Second, the bill establishes that when an injunction is sought to remedy a constitutional violation, the injunction must be directly related to the violation and narrowly tailored to address only the specific non-compliance of the parties before the court, preventing overly broad judicial orders. The legislation stems from several Montana Supreme Court cases where the court appeared to extend injunctions beyond traditional legal boundaries, and it aims to codify longstanding legal principles about the appropriate scope of judicial injunctive powers. By adding these provisions to existing law, the bill seeks to provide clearer guidance to courts about when and how injunctions can be issued, ensuring that judicial remedies are proportional, targeted, and respectful of the rights of non-involved parties.

https://bills.legmt.gov/#/lc/bill/2/LC0048