An investigation into alleged misconduct by Montana Attorney General Austin Knudsen will proceed after the Commission on Practice rejected his motion to dismiss the case.
Knudsen had argued that the separation of governmental powers prevents the judicial branch from disciplining the attorney general over 41 violations of the Montana Rules of Professional Conduct by him and his staff.
The complaint centers around a 2021 legal battle in which the Legislature subpoenaed documents from the judicial branch. During the dispute, Knudsen’s chief deputy, the late Kris Hansen, rejected a Supreme Court order.
Knudsen and his attorneys are accused of undermining “public confidence in the fairness and impartiality of our system of justice” by attempting to evade the Montana Supreme Court’s authority. Communications between Knudsen and the State Supreme Court are included as evidence.
“If the respondent’s argument were to be accepted, it would emasculate the Montana Constitution’s grant of exclusive power to supervise attorneys,” the Commission ruled, rejecting Knudsen’s position.
The next step is a hearing before the Commission on Practice. Knudsen spokesperson Emilee Cantrell stated that the attorney general will present arguments from his denied motion for summary judgment during the hearing.
“We’re disappointed the commission outright ignored many of our substantive arguments,” Cantrell said in an email. “The full facts will come to light at the upcoming hearing.”
Knudsen had cited a previous Montana Supreme Court case invalidating punishment proposed by the Judicial Standards Commission against former Justice Daniel Shea, arguing that the same separation of powers rule applies to his case.
Knudsen is seeking reelection this November. His hearing is scheduled for mid-October.
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