Bill
Bill > SB49
MT SB49
Exempt lawyers serving in certain public offices from professional disciplinary measure and proceedings for actions taken while in office
summary
Introduced
12/13/2024
12/13/2024
In Committee
02/21/2025
02/21/2025
Crossed Over
02/20/2025
02/20/2025
Passed
Dead
05/23/2025
05/23/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT ENTITLED: “AN ACT PROHIBITING JUDICIAL OFFICERS FROM INITIATING OR CONDUCTING ANY PROFESSIONAL DISCIPLINARY PROCEEDINGS OR TAKING ANY DISCIPLINARY MEASURES AGAINST CERTAIN ATTORNEYS FOR ACTIONS TAKEN WHILE SERVING AS A CONSTITUTIONAL OFFICER OR A MEMBER OF THE LEGISLATURE; PROVIDING EXCEPTIONS; AND PROVIDING A DEFINITION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE.”
AI Summary
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.
Committee Categories
Justice
Sponsors (1)
Last Action
(S) Died in Process (on 05/23/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
---|---|
State Bill Page | https://bills.legmt.gov/#/laws/bill/2/LC1436 |
State Bill Page | https://bills.legmt.gov/#/lc/bill/2/LC1436 |
BillText | https://docs.legmt.gov/download-ticket?ticketId=aad784c3-a8ec-4792-94b3-08595b45a2e0 |
BillText | https://docs.legmt.gov/download-ticket?ticketId=ec973c9a-92da-4c38-aef2-bf23310c5122 |
BillText | https://docs.legmt.gov/download-ticket?ticketId=b8bbd8e5-c3b5-4b80-8752-a0c531cf6419 |
BillText | https://api.legmt.gov/docs/v1/documents/getContent?documentId=266168 |
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