The Montana Supreme Court has refused to suspend Attorney General Austin Knudsen’s law license amid allegations of professional misconduct. This decision followed scrutiny from the Montana Supreme Court-appointed body that oversees attorney conduct in the state. The Office of Disciplinary Counsel (ODC) had claimed Knudsen eroded public confidence by allegedly challenging the Montana Supreme Court’s authority and undermining the judiciary’s integrity.
The Office of Disciplinary Counsel’s argument involved a 41-count charge, citing statements made by Knudsen and his team. These statements were described as “contemptuous, undignified, discourteous and/or disrespectful” towards the judiciary. They were made in the context of a years-long separation-of-powers conflict involving Montana lawmakers and judges.
During the ordeal, Knudsen and DOJ lawyers accused the Supreme Court of “judicial misconduct” and efforts to “conceal its misbehavior.” This conflict emerged after the Legislature sought information on email communications related to judicial review of new legislation. The DOJ retained USB drives with sought communications, defying a Supreme Court order for nearly a year.
Chief Justice Cory Swanson’s Dec. 31 order emphasized more concern over the delayed return of USB drives than Knudsen’s contentious statements. Swanson stated the ODC failed to prove Knudsen’s statements were false or recklessly made. Swanson also highlighted that Knudsen’s statements were either factual or opinion-based. The court concluded that protracted litigation served as a more significant sanction than a private admonition would have.
Due to the involvement of many justices in the initial controversy, they recused themselves, allowing five district court judges to handle the ODC charges. Knudsen hailed the court’s decision, dismissing the complaint as a “political stunt.” House Speaker Brandon Ler defended Knudsen’s actions as a constitutional defense of the separation of powers. However, Justice Katherine Bidegaray expressed concerns that the decision disregarded evidence against Knudsen.
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