Bill

Bill > SB374


MT SB374

Generally revise contempt of court laws


summary

Introduced
02/19/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS CONCERNING CONTEMPT; PROVIDING THAT VIOLATION OF A GAG ORDER IS NOT CONTEMPT UNDER CERTAIN CIRCUMSTANCES; REQUIRING A JURY TRIAL IN CERTAIN SITUATIONS; PROVIDING THAT NONATTORNEY LAYPERSONS MAY NOT BE HELD IN CONTEMPT IN CERTAIN SITUATIONS; ALLOWING LAYPERSONS TO APPEAR WITH A PLAINTIFF OR DEFANT IN COURT AND ADVISE OR GIVE LEGAL INFORMATION TO THE PLAINTIFF OR DEFANT; REVISING FINES FOR CONTEMPT; AMING SECTIONS 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, AND 45-7-309, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

AI Summary

This bill generally revises laws concerning contempt of court, introducing several significant changes to protect individual rights and limit judicial discretion. The bill establishes that violating a gag order is not contempt if the person is exercising their First Amendment rights and not intentionally violating someone's privacy, and it prevents gag orders from being used to prejudice potential jurors. The legislation caps fines for contempt at $50 per day and $500 in total, requires a jury trial for incarceration lasting more than 3 days, and allows individuals to challenge contempt orders by filing an affidavit alleging judicial bias or misconduct. Additionally, the bill permits non-attorney laypersons to appear with plaintiffs or defendants and provide legal advice or information without being charged with practicing law or held in contempt. It also provides protections for law enforcement officers, stating they cannot be held in contempt for disobeying an unlawful order and ensuring independent review of any contempt charges against them. The bill emphasizes protecting free speech and challenging potential judicial overreach by allowing criticism of court proceedings and orders, particularly when constitutional rights might be at stake.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

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