A Jefferson County resident has initiated legal action against Governor Greg Gianforte for appointing a state legislator as the head of the Montana Department of Commerce. The appointment of Commerce Director Marta Bertoglio on June 16 raised concerns since she was still serving as a Jefferson County representative in the Montana House. Jordan Williams, one of her constituents, claims the Montana Constitution’s “disqualification provision” prohibits legislators from holding state civil office.
Williams filed a lawsuit on Wednesday in Lewis and Clark County District Court, seeking to prevent Bertoglio, a three-term Clancy lawmaker, from working at Commerce and to stop the Department of Administration from compensating her.
Anita Milanovich, the governor’s general counsel, contends in a letter to Williams’ lawyer that state civil offices are independent and not controlled by a superior authority. Milanovich explains the governor’s oversight of the commerce director makes Bertoglio’s role non-independent.
This appointment is the fourth instance of Gianforte appointing a legislator to a state position. Attorney Andres Haladay from Upper Seven Law, representing Williams, suggests that such appointments could sway legislative decisions by offering lucrative state jobs. “Unconstitutional gubernatorial appointments send the message that part-time citizen legislators — who in 2025 made a salary of $128.86 per day — might win a six-figure golden ticket to an appointed state civil office if they promote [the] governor’s political interests over the needs of their own constituents,” Haladay stated. Previously, former Rep. Jimmy Patelis, R-Billings was appointed to the Montana Board of Pardons and Parole in 2021, former Sen. Bob Brown, R-Trout Creek became the Montana Lottery director in 2024, and former Rep. Paul Green, R-Hardin was picked as commerce director in 2024.
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