Montana legislation · 2025 Regular Session
Montana SB30: Revise laws related to Judiciary and rule of necessity
Status: Signed into law, May 8, 2025
What the bill says
An act providing that the rule of necessity may not be used when judicial officers with less of a conflict are available; and amending section 3-1-611, mca.
From the engrossed text:
AN ACT PROVIDING THAT THE RULE OF NECESSITY MAY NOT BE USED WHEN JUDICIAL OFFICERS WITH LESS OF A CONFLICT ARE AVAILABLE; AND AMENDING SECTION 3-1-611, MCA. Section 1. Section 3-1-611, MCA, is amended to read: "3-1-611. Judicial conflict of interest -- recusal -- definitions. (1) Any party to a proceeding may request that the judicial officer assigned to the proceeding be recused if an opposing party or lawyer or a lawyer's law firm representing an opposing party meets the criteria in subsection (1)(a) or (1)(b): (a) the judicial officer has received one or more combined contributions totaling the maximum amount allowable under 13-37-216 from a lawyer or party to the proceeding in an election that was held within the previous 6 years; or (b) a lawyer, the lawyer's law firm, or party to the proceeding has made one or more contributions directly or indirectly to a political committee or other entity that engaged in independent expenditures that supported the judicial officer or opposed the judicial officer's opponent in an election that was held within the previous 6 years if the total combined amount of the contributions exceeds $10,000 for a candidate for a supreme court office or $5,000 for a candidate for any other judicial office. (2) The moving party shall provide sufficient facts to demonstrate that the criteria …
Sponsors
- McGillvray, Tom (R, 26) · primary sponsor
- Klakken, Shane (R, 37)
Latest actions
- : Chapter Number Assigned
- : (S) Signed by Governor
- : (S) Transmitted to Governor
- : (H) Signed by Speaker
- : (S) Signed by President
- : (S) Returned from Enrolling
- : (S) Sent to Enrolling
- : (H) 3rd Reading
- : (H) Scheduled for 3rd Reading
- : (H) 2nd Reading
Votes
- Do Concur (April 11, 2025): 57 yea, 42 nay, passed
- Do Concur (April 10, 2025): 58 yea, 41 nay, passed
- Do Pass (January 27, 2025): 31 yea, 18 nay, passed
- Do Pass (January 24, 2025): 32 yea, 18 nay, passed
Subjects: Judges and Justices, Courts
Common questions
- What is SB30?
- SB30 is a bill in the Montana Legislature (2025 Regular Session): Revise laws related to Judiciary and rule of necessity.
- What does SB30 do?
- In its own words: An act providing that the rule of necessity may not be used when judicial officers with less of a conflict are available; and amending section 3-1-611, mca.
- What is the status of SB30?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored SB30?
- McGillvray, Tom (R, 26), with 1 co-sponsor.
- Where is the official record for SB30?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2223
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.