Bill > SB49

This bill seeks to protect attorneys serving as constitutional officers (such as the Governor, Lieutenant Governor, Attorney General, Secretary of State, and Superintendent of Public Instruction) or as legislators from professional disciplinary proceedings for actions taken during their time in office. The legislation prohibits judicial officers, including judges, justices of the peace, courts, the Office of Disciplinary Counsel, and the Commission on Practice, from initiating or conducting disciplinary measures against these attorneys for actions that could be related to their official duties. The bill does allow for disciplinary actions specifically for disruptive courtroom behavior. Attorneys subject to disciplinary proceedings while serving in public office would have the right to file a motion to dismiss or quash such proceedings. The bill is grounded in constitutional protections of free speech, due process, and protection from political discrimination, and it is designed to ensure that elected officials who are also licensed attorneys can perform their official duties without fear of retaliatory disciplinary actions. The legislation is effective immediately upon passage and applies retroactively to disciplinary proceedings occurring on or after January 1, 2024.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1436