An ethics committee probe into former Montana Senate leader Jason Ellsworth is expected to take most of February or longer. This extension aims to allow the Hamilton Republican adequate time for a defense. Senate Ethics Committee members were advised Monday that a mid-February deadline for investigations and hearings might not provide enough time for Ellsworth to question witnesses and prepare a defense. This is a critical aspect in cases involving political ethics investigations.
“We need to ensure due process in this case and that we accord respect, deference, and the presumption of no misconduct in the subject of these hearings,” said Adam Duerk, the attorney prosecuting the Senate’s case. Duerk was brought on board after Democrats objected to the initial hiring of a former legislator who had criticized Ellsworth on social media.
Ellsworth is reportedly accused of splitting a $170,100 contract to a business associate to bypass a state law requiring competitive bids for contracts worth $100,000 or more. Contractor Bryce Eggleston testified under oath that he, not Ellsworth, devised the agreement. This detail could challenge the Senate’s case, especially since neither were interviewed in the Legislative Auditor’s investigation spurred by a hotline tip.
The ethics committee’s second meeting produced a list of 14 witnesses, including current Senate President Matt Regier, R-Kalispell. Other notable witnesses include President Pro Temp Ken Bogner, R-Miles City, and Sens. Barry Usher, R-Molt, and Greg Hertz, R-Polson. Usher was vice chair of the 2024 Senate Select Committee on Judicial Oversight and Reform, which Ellsworth formed to draft legislation limiting the powers of Montana courts.
Ellsworth’s attorney, Joan Mell, argued that the mid-February timeline did not allow enough time for witness questioning, particularly since some may fear retaliation. She criticized the preemptive assumption of Ellsworth’s guilt and sought corrections in the Legislative Auditor’s report. Mell also questioned the ethics committee’s jurisdiction, noting that the contract in question was outside legislative sessions. Neither the committee nor its attorney acknowledged her point.
Further witnesses include three state Department of Administration members who acknowledged that Eggleston’s contracts should have been unified and competitively bid. Department Director Misty Ann Giles noted that her agency felt compelled to honor the contracts as they were already signed by Ellsworth, with funds about to expire by the end of 2024. Giles and two Legislative Services employees who objected to the agreements are also on the witness list.
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