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Yahoo
03-05-2025
- Politics
- Yahoo
Bills originally aimed at protecting Montana Attorney General failed
The Montana state capitol pictured after a late-night Senate vote on Jan. 9, 2025. (Micah Drew/Daily Montanan) Two bills originally designed to protect Montana Attorney General Austin Knudsen from losing office if he's suspended for disciplinary conduct failed to pass the Legislature, one in the House and one in the Senate. Knudsen is facing discipline for statements he and lawyers under his supervision made that disparaged the court and for defying a court order in a legal standoff in 2021. House Bill 856 and Senate Bill 49, in its initial draft, offered different ways to shield the attorney general from a proposed punishment some viewed as unfair. Lawyers since have indicated the attorney general may not need protection, but a decision on discipline is pending with the Montana Supreme Court, and Republicans in the Montana Legislature have been critical of the judicial branch. Sen. Wendy McKamey, R-Great Falls, carried one of the bills, HB 856, in the Senate, and she said Friday she was disappointed fellow Republican senators didn't lend enough support for it. 'They did not use the tools at their disposal to protect their Republican attorney general,' McKamey said. McKamey also said she suspected some of the opposition might have been payback from Republican leadership in the Senate — an allegation the president and majority leader disputed. Republicans in the Senate were split this session, and McKamey is among a group who has at times bucked leadership. 'It certainly appears to be some sort of retribution,' McKamey said. One day earlier, Senate President Matt Regier, R-Kalispell, said he had opposed the bill because he felt uncertain about its impact, and Friday, he responded to the allegation of possible retribution. 'That's absolutely false. Sen. McKamey has no influence on my vote either way,' Regier said. In 2023, the Office for Disciplinary conduct alleged Knudsen broke rules of professional conduct for lawyers in connection with the standoff. The office oversees discipline against members of the bar. The Montana Supreme Court is considering a unanimous recommendation from the Commission on Practice that Knudsen be suspended for 90 days for multiple violations of rules. HB 856 and SB 49 presented different methods to protect the attorney general from disciplinary consequences. HB 856 would have ensured Knudsen wouldn't be at risk of losing office if he faces the full recommended suspension of 90 days. Montana law states that an office becomes vacant if an incumbent generally fails to discharge their duties for three consecutive months, and HB 856 would have extended the period to four months. In committee, sponsor and Majority Leader Steve Fitzpatrick, R-Great Falls, said he thought the idea that Knudsen could get thrown out of office if he ended up suspended for 90 days was unfair, so he proposed HB 856. Fitzpatrick said the people of Montana had just elected Knudsen, and he had won by a large margin. Knudsen, a Republican incumbent, took 60% of the vote in November 2024. 'It didn't seem right to me that a disciplinary official would be able to basically override the will of the people,' Fitzpatrick said. Since then, Fitzpatrick learned that even if the Supreme Court imposes a penalty of 90 days, it may not translate into a loss of office. At a hearing in March before the Montana Supreme Court, lawyers for Knudsen and the Office of Disciplinary Counsel agreed such a penalty doesn't mean he needs to lose his elected office. For example, the 90 days, if imposed, don't need to run consecutively, or they can be counted inside of a three-month period. Knudsen's team made other arguments as well, including that the Montana Constitution allows for the removal of a judge, but not an officer of another branch. In the legislative committee hearing, Fitzpatrick said he didn't know if the bill would have any impact on the attorney general's situation, but he viewed four months as more appropriate than three months regardless. The bill made it through the House, and the second to last week of the session, it passed a significant vote in the Senate, 28-22, without debate. However, three days later, it failed on a final 22-27 vote. Some Republicans who have been critical of the courts voted against it on second and third reading, and some changed their votes from yes to no. Thursday, Fitzpatrick described the result as 'confusing.' McKamey said Fitzpatrick asked her to carry the bill in the Senate, and she tried her best with it. She said the Knudsen family is clearly important to Republican leadership, and she described the lack of support for the bill as 'short sighted.' Austin Knudsen is the attorney general, and his mother, Rhonda Knudsen, is a former Republican legislator who served as an advisor to Regier during the session. Regier and Majority Leader Tom McGillvray, R-Billings, were among the senators who voted against it, both consistently, and Regier said he wasn't certain the bill was even relevant by the time it ended up on the floor. McGillvray said he didn't find it to be a significant bill, proposing a shift from three months to four, he found the speech McKamey made on the floor 'pretty weak,' and he cast his vote accordingly. 'I don't speak for how other people vote, but I don't do retribution,' McGillvray said. McGillvray also said if the Montana Supreme Court wanted to impose a penalty that sought to push Knudsen out of office with a suspension, it could simply extend the penalty to five months if the legislature changed the duration to four. On the floor, McKamey had said the bill initially came about because of news reports that said Knudsen might lose his office if he was suspended for 90 days, but she said supporters of the bill later learned that might not be the case, and the law might not apply. 'Nonetheless, four months is a more appropriate timeframe than three months and provides approximately 120 days before a person loses a job that they were elected to do,' McKamey said on the floor. Senate Bill 49 failed earlier in the House. Sponsored by Sen. Barry Usher, R-Billings, SB 49 would have granted immunity from discipline to lawyers who are also elected as Constitutional officers, such as the attorney general or governor. An original draft protected only the attorney general. A subsequent amendment, supported by Usher, moved the implementation date so it was not retroactive, a provision described as a 'get out of jail free card' for the AG. Usher was among the legislators who initially supported HB 856 in the Senate, but subsequently opposed it. He could not be reached for comment Friday.
Yahoo
06-03-2025
- Politics
- Yahoo
TN bills could allow deadly force to protect property
MEMPHIS, Tenn. — Two Tennessee bills are sparking debates on personal property defense. House Bill 856 and Senate Bill 1407 have caused controversy as they move into the next phase. The bills establish that a person is justified, under certain circumstances, to use deadly force to protect their property. HB 856 was authored by District 71's Rep. Kip Capley. Trump administration listed Memphis IRS center, federal court building for sale 'We had a situation in East Tennessee where there was a lot of looting after the hurricane. And, we're trying to also, in addition to that, to strengthen some of the self-defense laws that we have and to offer a clear protection against theft and destruction and harm to private property and to put more safeguards to prevent, really, an excessive use of deadly force going forward,' said Rep. Capley. Currently, Tennessee's Stand Your Ground law allows you to defend yourself with a gun only if you or another person is in imminent danger. The proposed legislation states, 'A person is justified in using deadly force against another to prevent or terminate the other's actual or attempted trespass; arson; damage to property; burglary; theft; robbery; or aggravated cruelty to animals, seriously bodily injury, or death to animals or livestock.' Deputy drives into path of wrong-way vehicle to save other drivers, woman arrested 'I think, you know, once people kind of learn that, if you break into somebody's home, if you break in their property, if you're trying to loot and someone feels like their lives in danger if they realize that the possibility of deadly force being used against them could, you know, potentially happen then then maybe that would deter some crime going forward,' said Rep. Capley. This year, Memphis Public Safety has reported a total of 1,095 auto burglaries and 609 home break-ins. Legislators hope these bills will allow citizens to protect their possessions and homes when necessary. House Bill 856 will be heard in the House Criminal Justice subcommittee in the coming weeks. Senate Bill 1407 has been placed in the senate judiciary committee for hearing. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
