Montana 2025 Regular Session

Montana Senate Bill SB450

Introduced
2/24/25  
Refer
2/24/25  

Caption

Provide friend of the court authorization for legislative officers

Impact

The enactment of SB450 would formally amend existing procedural law by introducing a mechanism for legislative officers to engage directly in judicial processes. Such a change embodies a shift towards interpreting laws through the lens of legislative intent, which supporters argue will help maintain the integrity and correct application of state laws. By allowing legislators to lend their expertise and perspectives on legislative intent, the bill aims to clarify legal ambiguities deriving from statutory interpretations.

Summary

Senate Bill 450 (SB450) seeks to grant legislative officers in the state of Montana the right to participate as amicus curiae, or 'friends of the court', in legal cases that involve the interpretation of legislative enactments. This provision allows legislative officers to file amicus briefs in both state and federal courts when legislative intent or interpretation is under scrutiny. The bill emphasizes the legislative officers' vested interest in these matters, recognizing that the administration and interpretation of laws are of significant public concern.

Sentiment

Overall, the sentiment around SB450 appears supportive among those in favor of enhanced legislative transparency and clarity in judicial interpretations of laws. Proponents argue that this bill will bolster the legislative branch's voice in the judiciary and ensure that the specific intent behind laws is accurately conveyed in court. However, there could be concerns regarding the influence of legislative officers in judicial processes, with some critics fearing it may blur the lines between branches of government and lead to contentious debates over the separation of powers.

Contention

Key points of contention surrounding SB450 include the balance of power between the legislative and judicial branches. While proponents assert that legislative input can enhance judicial understanding of laws, critics may argue that empowering legislative officers to participate as amicus curiae could undermine judicial independence and create conflicts of interest. Moreover, the requirement for legislative officers to utilize appropriated funds to cover associated legal costs poses a potential area for debate around resource allocation and legislative priorities.

Companion Bills

No companion bills found.

Previously Filed As

MT SB278

Authorize legislative officer intervention in declaratory judgment action

MT SB446

Create child protection panels and legislative review council

MT SB450

Personal Freedom /Right of Conscience Act related to immunizations and drugs

MT HB757

Consideration of wildlife friendly fencing on public land

MT HB532

Provide public participation and comment in AG litigation decisions

MT HB260

Revise laws regarding legislative special counsel

MT SB230

Provide that office of court administrator is under clerk of the supreme court

MT HB607

Revise legislative oversight of administrative rules

MT SB182

Create task force on a court system for dependency and neglect cases

MT SB299

Require an audit of the district courts

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