Montana legislation · 2025 Regular Session
Montana SB21: Allowing legislative and executive leadership to vacate a writ of mandamus
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act allowing legislative and executive leadership to vacate a writ of mandamus by joint pleading; prohibiting a contempt of court finding; and amending section 27-26-102, mca.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING LEGISLATIVE AND EXECUTIVE LEADERSHIP TO VACATE A WRIT OF MANDAMUS BY JOINT PLEADING; PROHIBITING A CONTEMPT OF COURT FINDING; AND AMENDING SECTION 27-26-102, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 27-26-102, MCA, is amended to read: "27-26-102. When and by whom issued -- writ vacated by joint filing -- contempt proceedings unavailable. (1) A writ of mandamus may be issued by the supreme court or the district court or any judge of the district court to any lower tribunal, corporation, board, or person to compel the performance of an act that the law specially enjoins as a duty resulting from an office, trust, or station or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled and from which the party is unlawfully precluded by the lower tribunal, corporation, board, or person. (2) The writ must be issued in all cases in which there is not a plain, speedy, and adequate remedy in the ordinary course of law. (3) (a) When a writ of mandamus is issued to compel an elected official listed in Article VI, section 1, of the Montana constitution, an individual legislator, or the legislature as a …
Sponsors
- Usher, Barry (R, 19) · primary sponsor
- Millett, Tom (R, 2)
Latest actions
- : (S) Died in Process
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
Votes
- Do Concur (March 28, 2025): 40 yea, 59 nay, failed
- Do Pass (March 1, 2025): 29 yea, 21 nay, passed
- Do Pass (February 28, 2025): 28 yea, 21 nay, passed
Subjects: Judges and Justices, Courts, Legislature, State Government
Common questions
- What is SB21?
- SB21 is a bill in the Montana Legislature (2025 Regular Session): Allowing legislative and executive leadership to vacate a writ of mandamus.
- What does SB21 do?
- In its own words: A bill for an act entitled: "an act allowing legislative and executive leadership to vacate a writ of mandamus by joint pleading; prohibiting a contempt of court finding; and amending section 27-26-102, mca.".
- What is the status of SB21?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB21?
- Usher, Barry (R, 19), with 1 co-sponsor.
- Where is the official record for SB21?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0618
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.