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 elected officials for whom a writ is vacated cannot be found in contempt of court, either civilly or criminally, in relation to that writ. This provision aims to protect elected officials from legal repercussions stemming from the enforcement of a writ of mandamus, thereby altering the accountability mechanisms typically associated with such judicial orders. 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: 27-26-102