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 of representatives, to jointly file a pleading to vacate a writ of mandamus issued against them or their respective bodies. This joint filing must be signed by either the president or speaker and either the governor or the attorney general, and it must occur within 10 business days of the writ's issuance. Once vacated, the writ cannot be enforced.

Additionally, the bill stipulates that any elected official for whom a writ of mandamus is 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.

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