Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                              SB 313.1
                                                SENATE BILL NO. 313
                                             INTRODUCED BY K. REGIER
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE JUDICIAL STANDARDS
  COMMISSION; REMOVING CERTAIN CONFIDENTIALITY PROVISIONS CONCERNING THE
  PROCEDURES OF THE JUDICIAL STANDARDS COMMISSION; AMENDING SECTIONS 3-1-1105, 3-1-
  1106, 3-1-1121, 3-1-1123, 3-1-1124, AND 3-1-1126, MCA; AND REPEALING SECTION 3-1-1122, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 3-1-1105, MCA, is amended to read:
          "3-1-1105.    Confidential proceedings -- rules for commission. (1) Except as provided in 3-1-1107
  and 3-1-1121 through 3-1-1126, all papers filed with and proceedings before the commission or masters are
  confidential and the filing of papers with and the testimony given before the commission or masters is privileged
  communication.
          (2)      The commission shall make rules for the conduct of its affairs and the enforcement of
  confidentiality and provide public disclosure when appropriate consistent with this part.
          (3)      A complainant is not required to keep their complaint confidential."
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          Section 2. Section 3-1-1106, MCA, is amended to read:
          "3-1-1106.    Investigation of judicial officers -- complaint -- hearing -- recommendations. (1) (a)
  The commission, upon the filing of a written complaint by any citizen of the state, may initiate an investigation of
  any judicial officer in the state to determine if there are grounds for conducting additional proceedings before
  the commission. If the commission's investigation indicates that additional proceedings before the commission
  may be justified, the commission shall require the citizen who filed the original written complaint to sign a
  verified written complaint before conducting additional proceedings.
          (b)      The commission shall give the judicial officer written notice of the citizen's complaint and of the
  initiation of an investigation. Notice must also be given if a verified written complaint is filed and must include
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68th Legislature 2023                                                                                                 SB 313.1
  the charges made, the grounds for the charges, and a statement that the judicial officer may file an answer. The
  notice must be signed by the commission.
           (2)       The commission, after an investigation that it considers necessary and upon on a finding of
  good cause, may shall:
           (a)       order a hearing to be held before it concerning the censure, suspension, removal, or retirement
  of a judicial officer;
           (b)       confidentially publicly advise the judicial officer and the supreme court, in writing, that the
  complaint will be dismissed if the judicial officer files with the commission a letter stating that the officer will take
  corrective action satisfactory to the commission; or
           (c)       request that the supreme court appoint one or more special masters who are judges of courts
  of record to hear and take evidence and to report to the commission.
           (3)       If after a hearing or after considering the record and the report of the masters the commission
  finds the charges true, it shall publicly recommend to the supreme court the censure, suspension, removal, or
  disability retirement of the judicial officer."
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           Section 3. Section 3-1-1121, MCA, is amended to read:
           "3-1-1121.      Public disclosure required. (1) If the commission finds good cause to order a hearing
  pursuant to 3-1-1106(2), the commission must allow public access to:
           (1)(a)    all papers pertaining to each finding of good cause, including charges that are later determined
  not to be grounds for recommending retirement or disciplinary action to the supreme court;
           (2)(b)    the proceedings in which the commission or masters hear the charges against a judge; and
           (3)(c)    all transcripts or recordings of proceedings before the commission or masters pertaining to the
  matters described in subsections (1) (1)(a) and (2) (1)(b).
           (2)       A complaint must be made public on request by a member of the public 5 years after
  dismissal."
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           Section 4. Section 3-1-1123, MCA, is amended to read:
           "3-1-1123.      Public statements by commission. In any case in which the subject matter becomes
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68th Legislature 2023                                                                                             SB 313.1
  public, through independent sources or, through a waiver of confidentiality by the judge against whom the
  complaint has been filed, or under other circumstances as the commission considers appropriate, the
  commission may issue statements as it considers appropriate in order to:
          (1)      confirm the pendency of the investigation;
          (2)      clarify the procedural aspects of the disciplinary proceedings;
          (3)      explain the right of the judge to a fair hearing without prejudgment;
          (4)      state that the judge denies the allegations; or
          (5)      declare that there is insufficient evidence for a finding of good cause."
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          Section 5. Section 3-1-1124, MCA, is amended to read:
          "3-1-1124.   Disclosure for judicial selection -- appointment or assignment. If in connection with
  the selection or appointment of a judge, any state or federal agency seeks information or written materials from
  the commission concerning that judge, information may must be divulged in accordance with procedures
  prescribed by the commission, including reasonable notice to the judge affected unless the judge signs a
  waiver of notice. If in connection with the assignment of a retired judge to judicial duties, any appropriate
  authority seeks information or written materials from the commission about that judge, information may must be
  divulged in accordance with procedures prescribed by the commission, including reasonable notice to the judge
  affected unless the judge signs a waiver of notice."
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          Section 6. Section 3-1-1126, MCA, is amended to read:
          "3-1-1126.   Commission report to legislature. (1) The commission shall, as provided in 5-11-210,
  submit to the legislature a report containing the following information:
          (a)(1)   identification of each complaint, whether or not verified, received by the commission during the
  preceding biennium by a separate number that in no way reveals the identity of the judge complained against
  that reveals the identity of the judge complained against;
          (b)(2)   the date each complaint was filed;
          (c)(3)   the general nature of each complaint, including the type of complaint, the issues involved, and
  the basic facts making up the complaint;
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68th Legislature 2023                                                                                                     SB 313.1
          (d)(4)      whether there have been previous complaints against the same judge and, if so, the general
  nature of the previous complaints;
          (e)(5)      the present status of all complaints filed with or pending before the commission during the
  preceding biennium; and
          (f)(6)      whenever a final disposition of a complaint has been made during the preceding biennium, the
  nature of the disposition, the commission's recommendation, if any, to the supreme court, and the action taken
  by the supreme court.; and
          (7)         how each commission member voted.
          (2)      The commission must observe the confidentiality provisions of this part in fulfilling the
  requirements of this section."
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          NEW SECTION. Section 7. Repealer. The following section of the Montana Code Annotated is
  repealed:
  3-1-1122.           Judge's waiver of confidentiality -- hearing made public.
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          NEW SECTION. Section 8.            Severability. If a part of [this act] is invalid, all valid parts that are
  severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
  the part remains in effect in all valid applications that are severable from the invalid applications.
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Statutes affected: 
SB0313_1.pdf: 3-1-1105, 3-1-1106, 3-1-1121, 3-1-1123, 3-1-1124, 3-1-1126
SB0313_2.pdf: 3-1-1105, 3-1-1106, 3-1-1121, 3-1-1123, 3-1-1124, 3-1-1126
Amended: 3-1-1105, 3-1-1106, 3-1-1121, 3-1-1123, 3-1-1124, 3-1-1126
Introduced: 3-1-1105, 3-1-1106, 3-1-1121, 3-1-1123, 3-1-1124, 3-1-1126