Bill > SB21

This bill modifies Montana's existing law regarding writs of mandamus (a legal order from a court compelling a government official or entity to perform a specific action) by creating a new mechanism for legislative and executive leadership to vacate such writs. Specifically, the bill allows the president of the senate or the speaker of the house of representatives, in conjunction with either the governor or the attorney general, to file a joint pleading that nullifies a writ of mandamus within 10 business days of its issuance. This provision applies specifically to writs issued to elected officials listed in the Montana Constitution, individual legislators, or the legislature as a whole. When such a joint pleading is filed, the writ cannot be enforced, and the affected official cannot be held in civil or criminal contempt of court. The bill essentially provides a new legal procedure that gives top state leaders the ability to jointly override a court-issued mandamus writ, potentially reducing judicial enforcement of certain governmental actions or document production requests.

Justice

https://bills.legmt.gov/#/laws/bill/20251/LC0618