Senate Bill No. [insert bill number] introduces significant changes to the process surrounding writs of mandamus in Montana. The bill allows legislative and executive leadership, specifically the president of the senate or the speaker of the house, along with either the governor or the attorney general, to jointly file a pleading to vacate a writ of mandamus issued against them. This joint filing must occur within 10 business days of the writ's issuance and, once filed, the writ cannot be enforced.

Additionally, the bill stipulates that elected officials who have a writ vacated under this new provision cannot be found in contempt of court, either civilly or criminally. This amendment aims to streamline the process for elected officials facing writs and to protect them from contempt findings related to such writs, thereby enhancing the legislative and executive branches' ability to manage legal challenges without the threat of contempt proceedings.

Statutes affected:
LC Text: 27-26-102
SB0021_1(1): 27-26-102
SB0021_1(2): 27-26-102
SB0021_1(3): 27-26-102
SB0021_1(4): 27-26-102
SB0021_1(5): 27-26-102
SB0021_1(6): 27-26-102
SB0021_1(7): 27-26-102
SB0021_1(8): 27-26-102
SB0021_1: 27-26-102