Montana’s state governance is embroiled in controversy following a significant court ruling. A Cascade County District Court judge deemed the appointment of Marta Bertoglio as Commerce Director unconstitutional, citing violations of the Montana Constitution’s “disqualification clause.” Despite this, Gov. Greg Gianforte’s office stated that Bertoglio will continue her duties as legal proceedings unfold. The ruling adds another layer to the ongoing debate over legislative appointments to state offices.
Gov. Gianforte appointed Bertoglio, a former Republican legislator from Jefferson County, to the commerce position, which manages Montana’s tourism and economic initiatives. This decision prompted Jordan Williams, a former constituent, to sue, arguing it breached the state Constitution by appointing Bertoglio during her legislative term, which was set to end in January 2027. However, she has since been replaced by Rep. Mark Reinschmidt.
The legal discussion hinges on the “disqualification clause,” which states, “No member of the legislature shall, during the term for which he shall have been elected, be appointed to any civil office under the state.” The ruling by Judge Elizabeth Best challenges Bertoglio’s appointment, yet ongoing litigation questions whether Best had the jurisdiction to pass such a judgment. All judges from Lewis and Clark County have stepped aside from the case due to various legal maneuvers.
The governor’s office disputes Best’s authority, citing a new law necessitating random selection of replacement judges, though it’s unconfirmed if Best’s appointment followed this law. Kaitlin Timken, a governor’s office spokesperson, indicated they believe the ruling won’t take effect until procedural appeals are resolved. Despite the ruling, Bertoglio will receive her regular pay of $69.90 per hour, amounting to about $145,400 annually.
Previous appointments under Gianforte, including Lottery Director Bob Brown and Budget Director Ryan Osmundson, raise additional constitutional questions. The current case doesn’t involve them directly as their legislative terms have lapsed. Legal arguments from the governor’s team propose that a legislator’s term ends upon resignation, a view Judge Best sought to challenge by referencing historical context from the 1972 Montana Constitutional Convention.
Attorney Andres Haladay, representing Williams, emphasized the lawsuit’s focus on future appointments rather than past actions. He praised the decision, stating, “Montana’s disqualification provision is key to preserving the integrity of our institutions,” ensuring that government remains accountable to the people.
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