Montana 2023 Regular Session

Montana Senate Bill SB313

Introduced
2/9/23  
Refer
2/10/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/13/23  

Caption

Revise judiciary laws

Impact

The bill proposes several amendments to existing statutes regarding how complaints against judges are filed, investigated, and disclosed. Notably, the bill requires public access to findings that warrant a hearing and mandates that any complaints filed must be disclosed to the public after a designated period. These changes are geared towards reducing opacity in the judicial system and enabling greater scrutiny of judicial conduct, which may empower citizens and strengthen trust in the judicial system.

Summary

Senate Bill 313 aims to revise laws pertaining to the Judicial Standards Commission in Montana. The primary focus of the bill is to amend existing laws related to the confidentiality of commission procedures, ultimately enhancing transparency in the judicial accountability process. By removing restrictive confidentiality provisions, the bill intends to provide greater public access to the proceedings and findings of the commission, ensuring that citizens are informed about the actions taken regarding complaints against judicial officers.

Sentiment

The sentiment surrounding SB 313 appears to be largely supportive among advocates for judicial reform and transparency. Proponents argue that the enhanced public access will foster accountability among judges and improve the overall functioning of the judiciary. However, there may also be some concerns regarding the potential impacts on the privacy of judicial officers and how this transparency might affect the willingness of citizens to file complaints or judges to carry out their duties fearlessly.

Contention

A notable point of contention may arise regarding the balance between transparency and privacy; while advocates of the bill promote the necessity of transparent judicial processes, opponents could argue that full disclosure could deter individuals from seeking justice for fear of public scrutiny. Additionally, the repeal of confidentiality provisions could lead to a climate in which judicial officers might feel less secure in their roles, potentially affecting their decision-making in sensitive cases.

Companion Bills

No companion bills found.

Previously Filed As

MT SB48

Generally revise laws relating to Judicial Standards Commission complaints

MT SB158

Require judicial standards committee to send investigation referral to House of Representatives

MT SB72

Revise judicial administration of water rights

MT AB344

Revises provisions relating to the judiciary. (BDR 38-155)

MT HB322

Generally revise laws related to standing masters

MT SB355

Require disqualification of certain judges receiving political contributions

MT HB772

Revising laws related to judicial disqualification and recusal

MT SB507

Generally revise tax laws

MT HB595

Generally revise judicial election laws

MT S0033

An act relating to miscellaneous judiciary procedures

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