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 provide a clearer and more streamlined process for addressing writs of mandamus involving elected officials, thereby enhancing the balance of power between the judiciary and the legislative/executive branches. The bill amends Section 27-26-102 of the Montana Code Annotated to incorporate these changes.

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