Randy Pinocci’s Court Week in Montana Race

Article Summary –

Public Service Commission member and Republican candidate for lieutenant governor, Randy Pinocci, has had an eventful week in court with two major legal cases. Firstly, a federal court judge temporarily blocked enforcement of a law that limits how long campaign signs can be displayed post-election; Pinocci had challenged this law over a year ago, asserting it was an unconstitutional restriction on political speech. Secondly, Pinocci, who is also facing charges for disorderly conduct and witness tampering related to a tenant dispute, entered a deferred prosecution agreement, pleading no contest to disorderly conduct in exchange for the state dismissing the charges.


Randy Pinocci’s Eventful Week in Court

Notable occurrences unfolded this week for Randy Pinocci, current Public Service Commission member and Republican contender for lieutenant governor alongside Tanner Smith.

On April 8, a federal court judge put a temporary stop to an administrative rule limiting the duration of campaign sign display post-election. Pinocci has contested this law, and its application by the Montana Department of Transportation to several of his supporters for over a year, asserting it’s an unconstitutional restriction on protected political speech.

In an interview with Montana Free Press, Pinocci explained the state government’s seizure of property without permission, and subsequent billing of property owners, was government overreach. His lawsuit argued that the department’s campaign sign rules did not meet the ‘least restrictive means’ standard for content-based speech restrictions.

After Pinocci and his supporters moved for a preliminary injunction to block the rule, the court sided with them, despite the transportation department’s ongoing efforts to revise the rule to remove limits on political signage display. U.S. District Court Judge Dana Christensen noted that even if the new rule is implemented, the issue will not become irrelevant.

Judge Christensen stated that the plaintiffs presented a prohibited first amendment political speech that constitutes ‘irreparable harm’, and it’s unlikely that the department’s content-based restriction would pass a strict scrutiny test.

In parallel, Pinocci has been prosecuted in Cascade County district court for alleged disorderly conduct and witness tampering related to a dispute with a tenant in Great Falls. He entered a deferred prosecution agreement, conceding probable cause for witness tampering charges in exchange for the state dropping the charges. Pinocci pleaded no contest to disorderly conduct, carrying a $100 fine, and the state ceased prosecution of two felony counts of witness tampering.

Unable to run for re-election to the Public Service Commission due to term limits, Pinocci, a staunch Republican and former state legislator, is now the running mate of GOP gubernatorial candidate Smith, who is challenging incumbent Republican Gov. Greg Gianforte from the right.


Read More Montana News

Share the Post:

Subscribe

Related Posts