McLaughlin v. Montana Legislature
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In this original proceeding, the Supreme Court ordered that the motion filed by the Montana State Legislature "for the immediate disqualification of all Justices" of the Montana Supreme Court be denied, holding that the Legislature was not entitled to relief.
In an original proceeding, the Legislature, as an intervenor, and Governor Greg Gianforte raised concerns about a survey conducted by the Montana Judges Association of its members facilitated by Beth McLaughlin, the Judicial Branch's Court Administrator, regarding Senate Bill 140, which has since been signed into law and changes the way the Governor fills vacancies for judges and justices in the state. At issue was an investigative subpoena the Legislature issued to the Department of Administration seeking the production of emails sent and received by McLaughlin between certain dates. McLaughlin sought to quash or enjoy enforcement of the subpoena, which began the instant proceeding. The Legislature subsequently issued a subpoena to each justice of the Montana Supreme Court demanding that each justice produce the emails subject to the investigative subpoena and then filed a motion to disqualify the justices. The Supreme Court denied the motion, holding that the Legislature was not entitled to its request.
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