This bill prohibits judicial officers from initiating or conducting professional disciplinary proceedings against attorneys who serve as constitutional officers or members of the legislature for actions taken during their public office tenure. Specifically, it states that judicial officers cannot take disciplinary measures against these attorneys for actions that occurred while they were in office, and this restriction extends even after the attorney leaves office, provided the basis for the proceeding arose during their term. However, there is an exception that allows judges or justices of the peace to take disciplinary action for courtroom behavior that disrupts judicial proceedings.
The bill includes new legal language that defines "judicial officer" and establishes the effective date of the act upon passage and approval. Additionally, it specifies that the act applies retroactively to any disciplinary proceedings that occur on or after January 1, 2024. This legislation aims to uphold the principles of separation of powers, free speech, due process, and protection from political discrimination for elected officials who are also licensed attorneys in Montana.