****
68th Legislature 2023 SB 201.1
1 SENATE BILL NO. 201
2 INTRODUCED BY G. HERTZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING JUDICIAL RECUSAL LAWS WHEN A LAWYER OR
5 PARTY TO A PROCEEDING HAS MADE CAMPAIGN CONTRIBUTIONS; PROVIDING DEFINITIONS;
6 REPEALING SECTION 3-1-609, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN
7 APPLICABILITY DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 NEW SECTION. Section 1. Judicial conflict of interest -- recusal -- definitions. (1) Any party to a
12 proceeding may request that the judicial officer assigned to the proceeding be recused if:
13 (a) the judicial officer has received one or more combined contributions totaling the maximum
14 amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within
15 the previous 6 years; or
16 (b) a lawyer or party to the proceeding has made one or more contributions directly or indirectly to
17 a political committee or other entity that engaged in independent expenditures that supported the judicial officer
18 or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total
19 combined amount of the contributions exceeds the maximum amount that would otherwise be allowed
20 under 13-37-216 if the contributions had been made directly to the judicial candidate.
21 (2) For the purposes of this section:
22 (a) "contribution" has the meaning provided in 13-1-101; and
23 (b) "judicial officer" has the meaning provided in 1-1-202.
24
25 NEW SECTION. Section 2. Repealer. The following section of the Montana Code Annotated is
26 repealed:
27 3-1-609. Judicial conflict of interest -- recusal -- definition.
28
-1- Authorized Print Version – SB 201
****
68th Legislature 2023 SB 201.1
1 NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an
2 integral part of Title 3, chapter 1, part 6, and the provisions of Title 3, chapter 1, part 6, apply to [section 1].
3
4 NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
5
6 NEW SECTION. Section 5. Applicability. [This act] applies to contributions made on or after [the
7 effective date of this act].
8 - END -
-2- Authorized Print Version – SB 201