Montana Supreme Court Dismisses Misconduct Case Against Attorney General After Finding Panel Denied Due Process

The Montana Supreme Court on Wednesday dismissed a professional misconduct case against Republican Attorney General Austin Knudsen, concluding that the court-appointed disciplinary panel violated his due process rights even though Knudsen had breached the rules of professional conduct.

A 13-member Commission on Practice had recommended a 90-day suspension last year, finding that Knudsen and his office "repeatedly, consistently and undeniably" attacked the integrity of the justices while defending a 2021 law that allowed the governor to fill judicial vacancies directly. The Supreme Court agreed the filings violated professional standards but said the Commission erred by excluding Knudsen's expert witness and failing to adequately explain its decision.

Key Rulings and Reactions

Chief Justice Cory Swanson described the outcome as a "public admonition" and issued a clear warning: "We plainly warn all Montana attorneys, including Knudsen and his subordinates, to obey lawful orders of all courts."

Knudsen, who had asked the high court to dismiss the matter, called the complaint a distraction and labeled the proceedings a "political stunt." He also acknowledged during a hearing last fall that he would have handled some language in his office's filings differently, saying, "If I had this to do over, I probably would not have allowed language like this — so sharp — to be used."

Panel Composition and Recusals

Because most regular Montana Supreme Court justices were involved in the underlying dispute with the attorney general's office, they recused themselves. Five district court judges sat in their place alongside newly elected Chief Justice Swanson and Justice Katherine Bidegaray to decide the disciplinary matter.

Six of the seven sitting justices rejected the Commission's recommendation to suspend Knudsen's license; Justice Bidegaray dissented, arguing that Knudsen's conduct warranted a public censure and a 30-day suspension. She warned that erasing a disciplinary record undermined precedent and the court's duty to protect public confidence in the justice system.

The court also unanimously rejected Knudsen's claim that the office of the attorney general is exempt from routine disciplinary proceedings, saying it would be "unwise" to allow the state's top law enforcement officer to be exempt from basic ethical rules while supervising many other lawyers.

Outcome in Brief: The justices found misconduct but dismissed the complaint on procedural grounds — excluding an expert witness and providing insufficient reasoning — and issued a public admonition rather than imposing suspension.

Why it matters: The case highlights tensions between Montana's executive and judicial branches over a 2021 law concerning judicial appointments, tests the boundaries of attorney disciplinary processes for elected officials, and underscores the court's insistence on proper procedural safeguards in disciplinary hearings.