Montana legislation · 2025 Regular Session
Montana SB49: Exempt lawyers serving in certain public offices from professional disciplinary measure and proceedings for actions taken while in office
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act prohibiting judicial officers from initiating or conducting any professional disciplinary proceedings or taking any disciplinary measures against certain attorneys for actions taken while serving as a constitutional officer or a member of the legislature; providing exceptions; and providing a definition; and providing an immediate effective date and a retroactive applicability date.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING JUDICIAL OFFICERS FROM INITIATING OR CONDUCTING ANY PROFESSIONAL DISCIPLINARY PROCEEDINGS OR TAKING ANY DISCIPLINARY MEASURES AGAINST CERTAIN ATTORNEYS FOR ACTIONS TAKEN WHILE SERVING AS A CONSTITUTIONAL OFFICER OR A MEMBER OF THE LEGISLATURE; PROVIDING EXCEPTIONS; AND PROVIDING A DEFINITION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE." WHEREAS, the Governor, Lieutenant Governor, Attorney General, Secretary of State, and Superintendent of Public Instruction are constitutional officers because their offices are provided for in the Montana Constitution and these officials form a part of the executive branch; and WHEREAS, legislators are also provided for in the Montana Constitution and form the legislative branch; and WHEREAS, the First Amendment to the United States Constitution and Article II, section 7, of the Montana Constitution, both protect freedom of speech; and WHEREAS, the Fourteenth Amendment to the United States Constitution and Article II, section 17, of the Montana Constitution both guarantee due process of law before any official deprivation of "life, liberty, or property"; and WHEREAS, Article II, section 4, of the Montana Constitution provides, "Neither the state nor any person... or institution shall discriminate against any person in the exercise of his civil or political rights on account of... political... ideas"; and WHEREAS, elected officials who are also licensed to practice law …
Sponsors
- Usher, Barry (R, 19) · primary sponsor
Latest actions
- : (S) Died in Process
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (S) Transmitted to House
- : (S) 3rd Reading
Votes
- Do Concur (April 8, 2025): 45 yea, 52 nay, failed
- Do Pass (February 20, 2025): 29 yea, 21 nay, passed
- Do Pass (February 19, 2025): 26 yea, 23 nay, passed
Subjects: Judges and Justices, Courts, Professions and Occupations A-D, Professions and Occupations E-N
Common questions
- What is SB49?
- SB49 is a bill in the Montana Legislature (2025 Regular Session): Exempt lawyers serving in certain public offices from professional disciplinary measure and proceedings for actions taken while in office.
- What does SB49 do?
- In its own words: A bill for an act entitled: "an act prohibiting judicial officers from initiating or conducting any professional disciplinary proceedings or taking any disciplinary measures against certain attorneys for actions taken while serving as a constitutional officer or a member of the legislature; providing exceptions; and providing a definition; and providing an immediate effective date and a retroactive applicability date.".
- What is the status of SB49?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB49?
- Usher, Barry (R, 19).
- Where is the official record for SB49?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1436
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.