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Committee questions Supreme Court justices, report forthcoming

After weeks of circling each other in a rapidly escalating dispute, the legislative and judicial branches finally met Monday in the state Capitol. The Select Committee on Judicial Transparency and Accountability hearing had all the makings of a showdown more typically seen in congressional proceedings: an email scandal, lawmakers prepared with adversarial questions and, seemingly unprecedented at any level, all seven state Supreme Court justices on hand to answer questions. The investigative committee formed last week issued a subpoena for the justices to appear Monday. The subpoena sought any polling or other correspondence related to pending legislation. Last week the justices put the brakes on those subpoenas, as well as another for the court administrator s work computers, saying the scope and ability of legislative subpoenas needed further review.

Seven Montana Supreme Court judges, six lawmakers and SB140

Seven Montana Supreme Court judges, six lawmakers and SB140 Arren Kimbel-Sannit All seven members of the Montana Supreme Court appeared via Zoom before a legislative panel on Monday out of apparent respect for a legislative subpoena a rare move that seemed a surprise given that the court had previously ordered to temporarily disregard the same subpoena under which they appeared but put up a generally unified front in response to questions from Republicans about judicial bias and the scope of the Legislature’s subpoena power. “We’re here, and surprisingly enough, we’re happy to be here,” Montana Supreme Court Chief Justice Mike McGrath told members of the Joint Special Select Committee on Judicial Transparency and Accountability.

Committee questions empty seat in judicial investigation

Chair Greg Hertz, a Republican senator from Polson, read questions into the record on Monday as the Select Committee on Judicial Transparency and Accountability got underway on its investigation into alleged misuse of state email accounts in the judicial branch, but no one was there to answer back. The committee formed last week issued a subpoena for Montana Supreme Court Administrator Beth McLaughlin to appear at 9 a.m. Monday morning to answer questions about internal polling on pending legislation uncovered in a recent court challenge to a new law. Republicans have raised several concerns since finding out that McLaughlin deleted the results of that internal polling.

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